Vivek Issues n Options May 2013

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VIVEK : Issues and Options May2013 Issue: II No: V 2

Need To Transform Indian Navy

Into A Blue Water Maritime Force

- Radhakrishna RaoCrisis In Mali: Policy Report

- Dr Vasabjit Banerjee

EVENTS

Interaction On Situation In Pakista

And Regional Security

Interaction On Evolving Situation

Afghanistan

Seminar On Refugees In Their Ow

Homeland : Travails Of KashmPandits

Round Table Discussion On Chine

Intrusion In Ladakh

Discussion On Political Assertion

Radical Forces In Banglades

Impact & Implications For India

ARTICLES

ets Not Get Too Relaxed On China

- Kanwal SibalThings Fall Apart, The Centre Will Not

Hold

- Dr M N BuchAt Last, EVMs Will Have A Paper Trail

- Dr A Surya Prakashndias Ailing Electoral System: Need For

Reforms

- Mr PP RaoAssessment: PRCs White Paper On

Defence- Brig (retd) Vinod Anand

upporting War Criminals - Is Bengals

iberal Space Shrinking?

- Dr Anirban GangulyGeneral In Gaol: Musharrafs Arrest And

ts Implications

- Sushant Sareen

Contents

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7

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31

39

6

5

5

6

43

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Lets Not Get Too Relaxed On China

- Kanwal Sibaleports of Chinese soldiersintruding 10 kilometers ormore into Ladakh challenge

once again our assumptions aboutthe stability of the situation on theunsettled India-China border. Ourexpanding relationship with Chinahas encouraged thinking that the

border issue is no longer central tothe future of the relationship andcan await resolution as and whenpossible. We have adjustedourselves to Chinas Indiastrategy. We downplay suchincursions.

HopelessThe low priority attached by theChinese leadership to theresolution of the border dispute isignored by us. President XiJinping has lost no time in tellingus that the border issue is not easyto resolve, reiterating formerChinese premier Wen Jiabaosremarks in Delhi in 2010. He hasscotched any hope of changedthinking in Beijing on an issuethat generates distrust andapprehensions about Chinas

longer term intentions. In effect,President Xi has closed the doorsto a settlement for the next tenyears when he will be in power.We have not reacted.

President Xis five point proposalfor conducting relations with India

is self-serving, as it is calculated toplay to Chinas strengths and sidestep Indias concerns.

After ruling out a bordersettlement, the Chinese Presidentproposes that the two countriescooperate to maintain peace andtranquility. This is singularlyunimaginative as the two aremaintaining peace and tranquilityfor the last two decades, followingthe relevant agreements of 1993and 1996.

When President Xi proposes thatborder differences should notaffect the overall relationship, heis only nodding at existing

realities. The bilateralrelationship has progressedtremendously despite Chineseperiodic provocations, such as

R

*Kanwal Sibal, Dean, Centre for International Relations and Diplomacy, VIF


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those laying claim to ArunachalPradesh and describing it asSouth Tibet, protesting the visitsof our political leaders there,

shortening the length of the Sino-Indian border in a bid to questionIndias territorial sovereignty inthe eastern and western sectors,giving Kashmir-linked stapledvisas etc.

These provocations have been one-sided. Notwithstanding all of this,our Prime Minister has metChinas leadersoftener thanothers; we have astrategic dialoguewith China atpolitical, economicand defence levels;our armed forcesnow conduct jointexercises, albeitlimited. The twocountries engage with each otherin the Russia-India-China format,and in that of BRICS and G-20,apart from collaborating in theWTO and climate changenegotiations. Now China hasproposed a dialogue with us on

Afghanistan, which we havewelcomed.

In proposing that differences overthe border should not affect theoverall relationship, President Xi

wants to preserve the freedom tocontinue provoking us andundermining our interests in ourneighbourhood, as the latest

strategic decision to take overGwadar demonstrates. Hisproposal that India shouldmaintain close strategiccommunication in order to keepbilateral relations on the righttrack excludes any explanationfrom China about its strategic tieswith Pakistan, its continuing

assistance in building Pakistansnuclear capability,its opposition toour joining theNuclear SuppliersGroup and our

permanentmembership of theSecurity Council,

etc.TelecomPresident Xi calls for harnessingeach others comparative strengthsand expand mutually beneficialcooperation in infrastructure,investment etc. India hascomparative strength in

Information Technology andpharmaceuticals for instance, butit faces hurdles in accessing theChinese domestic market. China,on the other hand, has becomeIndias largest trading partner in

These provocations have beenone-sided. Notwithstanding allof this, our Prime Minister hasmet Chinas leaders oftenerthan others; we have astrategic dialogue with Chinaat political, economic anddefence levels; our armedforces now conduct joint

exercises, albeit limited.


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goods despite our unsustainabletrade deficit with it. Chinesetelecommunication and powercompanies have bagged huge

contracts in India despite seriouscyber-security concerns. Chinawould like to have a share of the$1 trillion we intend investing inupgrading our infrastructure inthe next 5 years, especially whenit has huge unutilized capacities inthis sector and opportunitiesabroad are declining because of a

global slow-down. It can use itsfinancial strengthto advantage incountries like Indiaif the politics canbe managed.Unsurprisinglywith the borderissue effectively

controlled, thePeoples Dailyadvocates more focus on trade andmultilateral issues with India.

President Xis emphasis onstrengthening cultural ties isunobjectionable. Enhancingcooperation in multilateral forumsto safeguard the legitimate rightsand interests of developingcountries in tackling globalchallenges - another point thatPresident Xi makes - is desirablealthough China has hardlychampioned the rights of

developing countries in the past,though today its hunger fornatural resources and marketsaccounts for a different stance.

ConcernsWhen the Chinese President saysthat the two countries shouldaccommodate each others coreconcerns, the hard kernel of hismessage becomes evident. Indiahas never identified its coreconcerns to the international

community or to China bilaterally.Consequently,

President Xi is nottalking about

Chinaaccommodating

Indias stated coreconcerns. In anycase, whether in

the case oftransferring nuclear and missiletechnologies to Pakistan,undermining our position in ourneighbourhood, whether in Nepal,Sri Lanka, Maldives orBangladesh, China disregards ourobvious core concerns.

The Chinese leader is expectingIndia, in a one-sided proposition,to accommodate Chinas coreconcerns, evidently in South ChinaSea and Tibet, as Taiwan andSinkiang are not contentious

When the Chinese Presidentsays that the two countriesshould accommodate eachothers core concerns, the hardkernel of his message becomesevident. India has neveridentified its core concerns tothe international community or

to China bilaterally.


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issues with us. China wants itssovereignty over these areas to berespected, while using Tibet toclaim Indian territory and

expanding its presence in territoryunder Pakistans illegal occupationin J&K.

We have chosen to interpretPresident Xis remarks positively.We possibly believe that we are incontrol of our relations withChina, that China is reaching outto us and we must therefore seizethis opportunity to explore thepotential of the bilateral

relationship. We are disregardinghard realities and confusingChinas tactical moves with itsstrategic intent. President Xi has

signalled that China will notcompromise on territorial issues,whether today in the east withothers and tomorrow in the westwith us.

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Things Fall Apart, The Centre Will Not

Hold

- Dr M N Buchn 1947, despite the fact thatBritain was the imperialpower and India was the

Indian Empire of the BritishSovereign, the British did leavebehind certain legacies, certaininstitutions, which did provide us

the framework of administrationand which still forms the skeletonand the sinews of our republic.India was governed by laws andwe are a society of laws. At thelevel of the District and SessionsCourt, the High Court and theFederal Court (now SupremeCourt), the Judiciary was

independent of the Executive andthough the Magistracy workedunder the District Magistrate theDistrict and Sessions Judgeexercised powers of bothsuperintendence and supervisionover the magistracy, apart from

judicial superiority. TheLegislature was functional both at

the Centre and in the States (thenProvinces) and there was anorganised Executive consisting ofthe Covenanted Services (now the

All India Services), the CentralServices and Provincial Services.The Police was a part of civilgovernment and though a servantof the law it worked under thesuperintendence of government.However, in the investigation and

prosecution of offences the policeenjoyed complete autonomy underthe Code of Criminal Procedure, aposition reinforced by theprovisions of Chapter XII Cr.P.C.,1973. The difference between theCode of Criminal Procedure of1861 and 1898 and the presentCr.P.C. is that the present law

brings about total separation ofthe Judiciary from the Executiveeven at magisterial level andwhereas the Executive Magistracycontinues to function under theDistrict Magistrate and is nolonger under the supervision ofthe Sessions Judge, the JudicialMagistracy now stands

subordinated to the Chief JudicialMagistrate who, in turn, issubordinate to the District andSessions Judge.

I

*Dr M N Buch, Dean, Centre for Governance and Political Studies, VIF


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The nearest thing to aConstitution that British Indiahad was the Government of India

Act 1935. This gave India a federal

structure in which the centripetalforces were strong and whichmoved India towards arepresentational democracy. TheConstitution of India as adoptedby the Constituent Assembly on26.11.1949 and made effectivefrom 26th January 1950 borrowsheavily from the Government of

India Act, 1935, especially interms of therelationshipbetween the Unionand the States. Thecentripetalcharacter of theGovernment ofIndia Act 1935 is

carried forward inthe Constitution ofIndia. Of course we have borrowedfrom other democraticconstitutions also and the Chapteron Fundamental Rights is inspiredby the Bill of Rights which forms apart of the American Constitution.Certainly the British, asrepresented by the Viceroy, didhave overriding powers, especiallyin matters relating to themaintenance of the empire, butseeds of independent, republicanIndia were undoubtedly sown bythe Government of India Act 1935.

It would be churlish to deny this.The major contribution of ourConstitution is that it did awaywith limited franchise, it

recognised all citizens as equals, itextended the constitutional rightof equality before law to allpersons within the territory ofIndia by Article 14, it eliminatedseparate electorates, it introduceduniversal adult suffrage under

Article 326 and gave every Indianan equal say through his vote on

who will govern India and how itwill be governed.This is no meanachievement for acountry whichvirtually shiftedovernight fromimperial rule to

complete

independence andthat, too, in themidst of strife caused by partitionand the massacres which wentwith it. This happened largelybecause the British left us thebasic infrastructure of a State andour leaders were wise enough tonot only keep it intact but tostrengthen it. Pakistan lapsed intomilitary dictatorship, despite thefact that we shared a commonsystem and heritage ofadministration, because Pakistanhad no leaders worth the name.The paths of India and Pakistan

The Constitution of India asadopted by the Constituent

Assembly on 26.11.1949 andmade effective from 26thJanuary 1950 borrows heavilyfrom the Government of India

Act, 1935, especially in terms ofthe relationship between the

Union and the States.


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have diverged completely andwhereas our democracy is strongenough to withstand even theonslaught on it between 1975-1977

through declaration of Emergencyby Indira Gandhi, Pakistancontinues to be just one step awayfrom total chaos.

The first two decades ofindependence were glorious. TheNehruvian version of a plannedeconomy resulted in massiveinvestment, largely in the publicsector, which created the basiccapital goods industry in which wewere lacking, built theinfrastructure of roads, railways,power, irrigation and other keyelements of a modern State,revolutionalised agriculturethrough the Green Revolution andlifted India from the depth ofpoverty and backwardness to alevel where it began to berecognised as a State with greatpotential. Because the dream ofNehru was socialist, equity was atthe core of all development andcertainly land reforms gave thefarmer hope and the public sectorkept the predatory private sectorat bay. The present day votaries ofliberalisation and privatisationwould find these words anathema,but they are too young to haveseen the India into which I wasborn, in which a total of five

thousand towns and villages wereelectrified (India has 5.5 lakhvillages), the tiller of the soil wasnot its owner and we had just

staggered out of the shock of theBengal famine which killed overthree million people. Theseeconomists, these acolytes of theprivate sector, who now denouncesocialism, would probably not havereached the present place ofeminence but for the institutionsof higher learning created by the

State. Macaulay may have madesome Indians literate, but it isNehru and Maulana Azad whomade us educated. The IndianInstitutes of Management whichwere not then the predatoryagents of the corporate world, bothto provide them employableyoungsters and to train them at

the cost of the State, charged amodest fee and createdmanagement cadres which haveserved the newly emergingcorporate India with greatdistinction. This is because thefees structure was affordable, theState bore the cost of education,the students were not underpressure to get really high paying

jobs because it was governmentwhich had invested in theireducation and, therefore, theywere in a position to imbibeeducation rather than merelyimprove their own employability.


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The Indian Institutes ofTechnology and the AgricultureUniversities such as the Punjab

Agriculture University, the Pant

Agriculture University andJawaharlal Nehru AgricultureUniversity produced experts intechnology, agricultural scienceand veterinary science who on theone hand propelled India into thespace age and on the otherconverted India into a country ofagricultural surplus. It is the

State which played the lead roleand this issomething we mustnever forget. TodayIIsM charge acripplingly high feeand institutionssuch as IndianSchool of Business

at Hyderabad andMohali in theprivate sectorcharge a fee which would putHarvard to shame. This has drivenany desire for real education out ofthe management students andmade them strive for that skillwhich will make them fit for highsalary corporate employment. Theday the Indian Institutes ofTechnology follow suit, highereducation in India will take anosedive.

Growth has both a positive and anegative side. Without a certainbasic level of the economy thenation would be one in which

resources are scarce and theeconomy and psyche of its peoplewill both be coloured by a scarcitysyndrome. In an environment ofscarcity where there is a cut-throat competition for availableresources, it is but natural thatthe law of the jungle will prevail,the strong will corner the major

part of resources and the weakwill be reduced to alevel of serfdom.Let me give oneexample. Anyonewho visits bothPakistan and Indiais shocked by thelow level of

agriculturalproductivity inPakistan and is

impressed by how far India hasdeveloped in agriculture. Not thatwe do not have drought andhardship from time to time, as ishappening in Maharashtra thisyear, but thanks to VergheseKurien we are the worlds biggestproducer of milk, thanks to Y.S.Parmar we are one of the largestapple producers and because ourland reforms have made the tillerof the soil its owner, the incentiveto invest in long term

In an environment of scarcitywhere there is a cut-throatcompetition for availableresources, it is but natural thatthe law of the jungle willprevail, the strong will cornerthe major part of resources andthe weak will be reduced to alevel of serfdom. Let me give

one example.


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improvement is strong and,therefore, whether it is wheat,soya bean or paddy even Stateslike Bihar have moved into an era

of surplus. By contrast in Pakistan120 families own the major part ofagricultural land and because thesystem of tenure and tillage isfeudal, despite having the largestperennial irrigation system in theworld, the Indus irrigation system,Pakistans agriculture is in direstrait. There are many amongst us

who decry land reforms becauseaccording to them business likecapital investment is therebyprecluded from agriculture. I havenever heard such hogwash in allmy life because if we take thecumulative investment made bysmall farmers, with veryencouraging results, it far exceeds

the investment that would havebeen made had agriculture beenmade over to the corporate world.

All this has been possible becauseIndia claims to be a socialistrepublic, not in terms of dogmaticsocialism but certainly as aneconomy in which equity andsocial justice are the rulingprinciples and, therefore, landreform became the sine qua non ofequitable government.

This is not an essay on socialismand undoubtedly many elementsof the Nehruvian model are in

tatters. The politics of the countryis highly fragmented and fragileand because the desire for powerhas completely overtaken the

desire for service, politics hasbecome immoral, venal and totallyunprincipled. There is so muchcorruption, not only at policymaking level but right down to thelowest functionary with whom acitizen may be forced to interact,that we are almost beginning tocompete with Kuomintang China.

There is no area of endeavour,public or private, in which money,muscle power, intrigue, violenceand cheating are not the dominantfactors. India was considered aspiritual nation, but nowspirituality is replaced bysuperstition and materialism haseroded value systems. In some

ways the country is beginning toresemble a cartoon in which thereis a long line of fish ranging fromminnow to shark. The larger fishis trying to swallow the smallerone virtually ad infinitum, withthe ultimate target being theminnow. Whether it is politics, orbusiness, or social organisation,the largest predator is the one whois bound to win. This is the veryantithesis of the society we musttry and create so that the words ofthe Preamble, Justice, social,economic and political come true.


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The much wider question of ethics,morality, principled politics andgood, effective government will beaddressed a little later, but let us

first see what went wrong withour model of planned development.One can consider here twodifferent models, the Soviet plusMahalanobis model of a muchmilder one of state planning asadopted by India; and the Meijiera model that Japan adoptedafter the Meiji revolution. As the

West impacted Japan and thatcountry watched in shock and awehow CommodorePerrys small

American fleetwith modernfirepower easilyovercame theJapanese forces.

The Shogunate wasoverthrown, the Emperor, or Meiji,assumed power and Japan decidedto modernise. Being a highlydisciplined and organised peoplethe Japanese sent droves ofstudents to foreign universities toacquire a modern, scientific andtechnical education and the Statemade heavy capital investment inmodern industry. The Japaneseeconomy was totally state driventhen, but the great businesshouse, the Zaibastu, were co-optedvery early to build and operate theeconomy. Being practical people

the Japanese constantly revieweddevelopment plans and as thebusiness houses acquired skills,managerial ability and trained

manpower, the State steppedback, let private business manageindustry and increasingly adoptedthe role of a helper, a facilitator,but also a very strong regulator.

By contrast in India we justallowed the public sector to bloatitself. For the politician it becamea cow to be milked for personalprofit and a venue for extendingpatronage. All public sector

undertakingsbecame grosslyover stuffed, withefficiency being ininverse proportionto staff expansion.Corrupt politicians

corrupted the managers andalmost the entire public sectorbecame a byword formismanagement, corruption,inefficiency, indiscipline --- withalmost all undertakings makingheavy losses and undermining theeconomy. Because we did notreview, evaluate, step back wherenecessary, co-opt the privatesector as it matured , we havebrought the entire model intodisrepute. Perhaps wholesaledisinvestment is not the answerbecause today the private sector is

By contrast in India we justallowed the public sector tobloat itself. For the politician itbecame a cow to be milked forpersonal profit and a venue forextending patronage.


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also thoroughly corrupt andinefficient, but we need to loosenthe control of government, givegenuine autonomy to the

management so that it runs theundertaking efficiently and swiftlypunish all objectionable deviationsand perversions. The public sectorand what we have made of it isonly one of the factors which hasbrought India to its present sorrystate. I have been writing adnauseam that after 1967, when

the culture of purchasing powerthrough bribing legislatorsafflicted us, the objective of beingin politics has changed from theold concept of serving the countryand instead it has made powerand what can be personally gainedby power the new paradigm. Theold style politician who had come

through the freedom movementand was still influenced by theaustere philosophy of honestservice, ahimsa, satya andsatyagraha of Mahatma Gandhi,did not consider power an end initself, acquisition of power as thesole purpose of being in politicsand the loss of power representingthe greatest tragedy, gave wayafter 1967 to a new breed ofacquisitive, power hungry,unprincipled and dishonestpoliticians. The minute thishappened no party any longer hadany room for ideology,

programmes, principled politics, anational vision and a declared andwidely publicised policy statementor manifesto. In the absence of

ideology and declared policy whatremains is (1) management ofelections by fair means or foul tomaximize representation in theLegislature, (2) coalitions,generally between parties whichhad no common interests, whichwould bring the coalition partnersto power, to retain which

immediate expediency,unprincipled compromises andsheer populism would be theguiding principles of government.

All these require completeeradication of conscience, valuesand morality from ones psyche, atotal rooting out of any feeling ofguilt at wrongdoing and a

mentality in which wrong becameright because it is wrongdoingwhich brought profit and power.This, then, is the root cause ofcorruption, because purchasing ofpower itself is corruption and onlycorruption can feed the means bywhich power can be purchased.Corruption then becomes a way oflife and once there is indifferenceor even acceptance, the nation isdoomed.

Let us take any issue. There isinflation, which causes middleclass unrest and the government


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answers by tightening moneysupply through high interestrates. The real cause of high pricesis the parallel economy which is

not amenable to fiscal or monetarycontrol. A principled governmentwould tackle the parallel economy,but an unprincipled governmentwill not touch it because it is themain source of money for buyingpower. Therefore, in order to feedthe parallel economy and keep itintact unscrupulous businessmen

bribe politicians who, in turn,pressurise the civil servants whoseduty it is to ensure goodgovernment,subject to policiesframed by thepoliticians. Thecivil servants, inturn, begin to

participate incorruption because why shouldthey be left out when everyoneelse is making money. At a higherpolicy level this hurts the nation,but it does not directly affect thecommon man. Corrupt civilservants, however, do not restrictthemselves to the high plateaus.They descend into every valleyand gulley, and the common man,the one who is most exploited, issqueezed by lower functionaries inthe village itself. What is more, allthe programmes meant for hisupliftment, such as the National

Rural Employment GuaranteeProgramme, are subjected to suchmassive corruption, such massiveleakages, that very little reaches

the beneficiary and the major partis swallowed by politicians andofficials. This is a negation ofgovernment.

We have no shortage of laws andthe Indian Penal Code already hassufficient provisions for dealingwith murder, rape, communalviolence, etc. However, thepoliticians and influentialcriminals do not permit the Police

to exercise its legalpower vested byChapter XII of theCode of CriminalProcedure, todetect andinvestigate and

prosecute offences. After a whilethe police also become participantsin corruption, with the result thatcrime goes unpunished. What isour answer? We enact more laws.Old laws are not enforced, harshnew laws increase theopportunities for corruption, crimeremains uncontrolled, the averagecitizen suffers and politicians andcivil servants garner wealth. Howcan such a system function? I amtrying to avoid the retired civilservants disease of harking backon old days as a golden period and

A principled government wouldtackle the parallel economy, butan unprincipled governmentwill not touch it because it isthe main source of money forbuying power.


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the present era being a black holeby comparison. However, the factremains that upto 1967, by whichyear I had put in ten years of

service, then upto 1975 till IndiraGandhi imposed a State ofEmergency, India did have honestpoliticians and parties which hadideology. The civil servants, rightdown to constable, forest guard,village level worker and thePatwari, were not under thepresent day pressure to collect

money for unscrupulouspoliticians and, therefore, werebetter, more honest, more peoplefriendly officials than those oftoday. When the politiciansbecome corrupt the civil servantsare bound to be victims of thisdisease and this should cause us agreat deal of anxiety.

We need to bring principles backto politics. Articles by me andspeeches by learned people willnot achieve this becauseultimately the political partiesthemselves have to decide to goback to ideology and programmes.It is doubtful whether this will

happen spontaneously and,therefore, it is for the electorate topunish every politician who fails tocome up to their expectations. I

have faith in the electoratebecause it is the people of Indiawho voted Indira Gandhi out ofpower in 1977 for imposingEmergency and brought her backto power in 1980 because theJanata Government failed. I hopethe day is not far when membersof unscrupulous coalitions are

similarly punished by beingdefeated at the polls. Meanwhilepublic pressure must be kept up topunish wrongdoing, to enforce thelaw, to ensure that every publicservant is assigned responsibilityand then held accountable and bysocial boycott, through the vote, bypublicity, by building of public

opinion, unprincipled politiciansand corrupt officials are weededout. At present the words, Thingsfall apart, the centre will nothold, seem to be true in India.

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At Last, EVMs Will Have A Paper Trail

- Dr A Surya Prakashfter standing on falseprestige and even becomingvindictive against those

who suspected the integrity ofelectronic voting machines, theElection Commission has finallyacceded to the demand that themachines must issue a paperreceipt to voters. TheCommissions decision madeknown to the Supreme Courtrecently in response to the plea byDr. Subramanian Swamy,President, Janata Party thatEVMs be scrapped is a majorvictory for all those who werecampaigning against electronicvoting machines because they

lacked transparency.

Dr. Swamy had argued that EVMsmust be scrapped because they arenot tamper-proof. They could beretained only if there wastransparency via a paper trail, sothat every voter knew that hisvote had been registered correctly.

Even Japan, which started theprocess of electronic voting hadnow reverted to paper ballots.Many other countries had also

fallen back on paper ballots for thesame reason. The commission,which had stubbornly resisted thedemand for either scrappingEVMs or introducing a paper trail,began to display somereasonableness in the matter afterDr. Swamy moved to the SupremeCourt and a Bench comprisingJustices P. Sathasivam andRanjan Gogoi declared that itwould hear the matter on apriority basis, so that theproceedings are concluded beforethe next parliamentary election.

The Commission signaled itsreadiness to consider the plea

when it told the court lastSeptember that it wascontemplating foolproof methodsto ensure that EVMs were notmisused or tampered and that itwas consulting technical expertsand political parties in this regard.Finally, some weeks ago, theCommission informed the court

that it was willing to incorporatethe paper trail in order to removedoubts about the integrity ofEVMs. The Commission told the

*Dr A Surya Prakash, Distinguished Fellow, VIF


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court that it had done a trial ofVoter Verifiable Paper Audit Trail(VVPAT) in EVMs in 180 pollingstations in various states. This

system could be incorporated afterit received the opinion of an expertcommittee that is examining theissue. The Commission proposes touse the paper trail first in someby-elections and later incorporatethe same in general elections.

It has already asked EVMmanufacturers to fine-tune thepaper trail system.The debate on theintegrity of theEVMs was startedthree years agowhen a group ofpublic spiritedNRIs headed byMr. Satya Dosapatiof New Jerseyorganizedworkshops in Delhi and Chennaiunder the aegis of Save IndianDemocracy and invited nationaland international experts to speakabout the vulnerability of thesemachines to hacking and fraud.

Among them was Mr. Till Jaeger,a lawyer who got the FederalConstitutional Court in Germanyto ban the use of these machinesin that country; Mr. RopGonggrijp, a computer hackerfrom Netherlands who

demonstrated on live TV how themachine could be hacked and Mr.

Alex Halderman, Professor ofComputer Science, University of

Michigan, USA, who is anauthority on electronic votingsecurity. The most prominentIndian expert at these workshopswas Mr. Hari Prasad ofHyderabad, who spoke about theease with which EVMs could betampered with and on how,irrespective of voters preferences,

the machine could be pre-programmed toproduce a result.

The argumentagainst EVMs isthat they can betampered with atthe manufacturingstage or at placeswhere they arestored in state

capitals. The experts say IndianEVMs are similar to the ones thatwere used in the Netherlands,Germany or Ireland, before theywere rejected in those countries. Astandard method of rigging anelection is to introduce a Trojan inthe display section of the controlunit, which will give a fixedresult on the EVM screen afterpolling. The biggest drawback ofthese machines is that since thevote count happens inside the

The most prominent Indianexpert at these workshops wasMr. Hari Prasad of Hyderabad,who spoke about the ease withwhich EVMs could be tamperedwith and on how, irrespectiveof voters preferences, themachine could be pre-programmed to produce a

result.


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machine, there is no way in whichthe result can be cross-checked.Given the extent of corruption andfraud in various facets of

governance in India, it would befoolish to discount the possibilityof EVM manipulation by politicalparties in power or by compliantelection authorities.

Mr. Hari Prasad demonstrated thevulnerability of these machines tothe Election Commission as well,some months prior to theseworkshops.However, such wasthe Commissionsfear of the truththat it abruptlystopped Mr. HariPrasad and hiscolleagues midwaythrough theirdemonstration.Later, theCommission became veryvindictive and even launchedcriminal prosecution against Mr.Hari Prasad and had him arrestedin August, 2010 for demonstratingthe EVMs vulnerability to fraudon what the police allege was astolen machine. In fact, the allegedtheft of the machine itselfconstituted an indictment of theCommission. It showed how EVMscould be taken out of theCommissions custody and

thereafter, even tampered with.The Commission learnt of the so-called theft only after Mr. HariPrasad demonstrated on TV how

the machine could be hacked.

Thus, the Election Commissionresorted to punitive action againsta whistle-blower, whose onlyintention was to protect thesanctity of the electoral process inthe worlds largest democracy. Asa public body which has theresponsibility of superintendence,

direction andcontrol of elections,the Commissionmust function in apeople-friendly and

transparentmanner. It mustfirst convince usthat those whoman it aredemocrats who are

willing to see and listen. It mustalso convince us that it has nopolitical axe to grind, although allthe Commissioners are appointedby the government of the daythrough an obviously partisanprocess. As the former ChiefJustice Mr. M.N. Venkatachalaiahoften says democracy is not justabout statistics (there are over700 million voters in India, somany lakh polling booths etc) Themembers of the Commission must

Mr. Hari Prasad demonstratedthe vulnerability of thesemachines to the ElectionCommission as well, somemonths prior to theseworkshops. However, such wasthe Commissions fear of thetruth that it abruptly stoppedMr. Hari Prasad and his

colleagues midway throughtheir demonstration.


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demonstrate their deep andabiding commitment to its idealsof democracy.

Given the fact that theCommission was headed at onetime by Mr. Navin Chawla aman indicted by the ShahCommission for conductunbecoming of a public servant -during the Emergency, theattitude of the ElectionCommission against Mr. HariPrasad was no surprise. Whenpersons like Mr. Chawla areappointed ElectionCommissioners, it is no surprise tosee the Commission running awayfrom the truth on such animportant question whichconcerned the integrity of theelectoral process and, as aconsequence, of the ElectionCommission itself ? In any case,

now that Mr. Chawla has retired,the Commission must redeemitself in the public eye. Since ithas, in principle, accepted the

argument that a paper trail is amust if EVMs are to be used, itmust gracefully withdraw thecriminal proceedings against Mr.Hari Prasad.

It must also speed up the technicalclearances needed to give voters apaper receipt when they vote inthe next Lok Sabha election. 2014is a high stakes parliamentaryelection and the ElectionCommission is duty bound toensure the sanctity of the resultsof that poll. The Commission mustact with efficiency and grace.

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Indias Ailing Electoral System: Need For

Reforms

- Mr PP Raoemocracy is passingthrough a difficult phase ofinstitutional decline. The

political parties are functioning ina manner detrimental to theinterests of the country and itscitizens. Persons without any

commitment to the Constitutionand its values are being elected inlarge numbers to the Parliamentand State Legislatures. There is agrowing conflict of interestbetween them, their parties andthe people they profess to serve.Some of the policies they pursueare anti-national and

unconstitutional. The NationalCommission to Review theWorking of the Constitution (2002)observed that the main cause andsource of political-decay is theineptness of the electoral processwhich has not been able to keepout criminal, anti-social andundesirable elements from

participating in and evendominating the political scene andpolluting the electoral andparliamentary processes. Politicalparties, which have a fair share of

the Criminal elements, handleenormous funds ostensibly formeeting party and electoralexpenditure. Money-power andcriminal elements havecontributed to pervasivedegeneration of standards in

public life and have criminalisedpolitics. This is reflected in thequality of governments and of thegoverning processes. There iscrisis of confidence. There is crisisof leadership. Political leaders,owing to narrow partisan andsectarian interests and desire forshort time political gains, are

unable even to agree upon broad,common, national purposes.

In a memorial lecture delivered in1998, Shri Atal Bihari Vajpayeesaid: "Barring exceptions, thosewho get elected to thesedemocratic institutions are neithertrained, formally or informally, in

law-making nor do they seem tohave an inclination to develop thenecessary knowledge andcompetence in their profession.the electoral system has been

D

* Mr PP Rao, Senior Advocate, Supreme Court


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almost totally subverted by moneypower, muscle power, and votebank considerations of castes andcommunities. As a result, although

casteism and communalism maybe weakening in social life, thesame are being aided and abettedby the electoral process. Electionsare not entirely free and fair; theyare not reflecting the true will andaspirations of the people. Thenatural inclination of today's MPsand MLAs is to get involved in the

executive function - that toowithout accountability and muchcapability. Theexceedingly highpremium placed oncapturing power byfair or foul meansis because of theelected

representatives'conviction that power is thepassport to personal prosperity.The biggest challenge that we,who have preached and practicedprobity in public life face, is torestore faith in the political classand rejuvenate the democraticprocess".

The Law Commission in its 170thReport on Reform of the Electorallaws (1999) observed: "There hasbeen a steady deterioration in thestandards, practices andpronouncements of political class,

which fights the elections. Money-power, muscle power, corruptpractices and unfair means arebeing freely employed to win

elections.

On the functioning of Parliamentand the State Legislatures, theNational Commission observed: Ifthere is a sense of unease with theway the Parliament and the StateLegislatures are functioning, itmay be due to a decline in recentyears in both the quantity andquality of work done by them.Over the years the number of days

on which thehouses sit totransact legislativeand other businesshas come downvery significantly.Even the relatively

fewer days on which the housesmeet are often marked byunseemly incidents including useof force to intimidate opponents,shouting and shutting out ofdebate and discussion resulting infrequent adjournments. There isincreasing concern about thedecline of Parliament, fallingstandards of debate, erosion of themoral authority and prestige ofthe supreme tribune of the people.Corrective steps are urgentlyneeded to strengthen Parliamentsrole as the authentic voice of the

The exceedingly high premiumplaced on capturing power byfair or foul means is because ofthe elected representatives'conviction that power is thepassport to personal prosperity.


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people as they struggle and sufferto realise the inspiring vision of afree and just society enshrined inthe Constitution. Also, it is of the

utmost importance for survival ofdemocracy that Parliamentcontinues to occupy a position ofthe highest esteem in the mindsand hearts of the people. In thewords of Atal Bihari Vajpayee,"Sadly, serious debate has ceasedto take place in our elective bodies,which have come to resemble

akharas(arenas for fighting bouts)where noisy confrontation is thenorm."

Nani A. Palkhivala, the mostfamous lawyer of his time, was acrusader for reforms. He said: "Itis high time that, having regard tothe lack of character and caliber inthe overwhelming majority of ourpoliticians, we should think ofmaking some badly neededchanges in our ConstitutionalLaw... The time has come whencitizens must wrest the initiativefrom professional politicians andform political parties, and insistupon men of knowledge, vision andcharacter being chosen ascandidates for parliamentary andstate elections. It is only such menwho can give India the type ofgovernment it needs - agovernment which is strongwithout being authoritarian and

humane without being weak.Poverty can be eradicated only byexperts in finance, production andmarketing, and specialists in

social engineering and deploymentof resources.

Several expert bodies like theDinesh Goswami Committee, theInderjit Gupta Committee, theJustice V.R Krishna IyerCommittee, the Law Commissionof India, the Election Commissionof India and the NationalCommission to Review theWorking of the Constitution anddistinguished leaders likeRamakrishna Hegde, C.Subramaniam and Krishna Kant,have suggested comprehensiveelectoral reforms.

Unity and Integrity of IndiaSpeaking at the inaugural sittingof the Constituent Assembly, Dr.S. Radhakrishnan had said: "Indiais a symphony where there are, asin an orchestra, differentinstruments, each with itsparticular sonority, each with itsspecial sound, all combining to

interpret one particular score. It isthis kind of combination that thiscountry has stood for. It neverasked the Parsis or the Jews orthe Christians or the Muslims whocame and took shelter there to


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change their creeds or becomeabsorbed in what might be called auniform Hindu humanity... "Liveand let live" - that has been the

spirit of the country."

In the Constituent Assembly Dr.Ambedkar had declaredemphatically: "The castes are anti-national, In the first place becausethey bring about separation insocial life. They are anti nationalalso because they generate

jealousy and antipathy betweencaste and caste." In theConstitution, we the people ofIndia had resolvedto promotefraternity amongall citizens andpromote unity andintegrity of thenation. Now we find that we aredivided on caste and communityand sectarian lines by the politicalclass for electoral gains. TheBritish policy of "divide and rule"was limited to playing the Hindusagainst the Muslims and vice-versa. India is much more dividedtoday than during the alien rule asquite a few political parties thriveby relying on caste andcommunity. In India we havecommon citizenship and allIndians are entitled to equalrights, but according to thephilosophy of the Thackeray's

(Late Bal Thackeray, UddhavThackeray and Raj Thackeray),Maharashtra is forMaharashtrians, Indian Railways

shall recruit only Maharashtrians,all employment opportunities -from the lowest to the highest inpublic as well as privateestablishments should be reservedexclusively for Maharashtrians;and every legislator must take theoath only in Marathi language,otherwise they will let loose their

senas, paralyse civic life, attacktargeted people and destroy theirproperty. Can political parties

with such anideology be allowedto enjoy the benefitof registration andrecognition by the

Election

Commission?RecommendationsIn order to eliminate the influenceof caste and community inelections, Krishan Kant, former

Vice President of India, hadsuggested two simple amendmentsto the election law: (i) to introduce

a condition that in order to bedeclared elected from aconstituency a candidate shallsecure not less than 50% + 1 voteof the total votes polled, failingwhich, there shall be a runoff

Can political parties with suchan ideology be allowed to enjoythe benefit of registration andrecognition by the ElectionCommission?


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election limiting the contest to thetwo leading candidates in the firstround, and (ii) to add one moreslot in the ballot paper "none of

the above" for negative vote i.e. forrejecting all the candidatescontesting. If a majority of thevotes polled reject all thecandidates there shall be a freshelection with new faces. If theseare implemented, reliance on casteand community will vanishsilently. The Justice V.R. Krishna

Iyer Committee recommended inaddition that a party bearing thename of a religion, race or casteshall not be registered as apolitical party to contest elections.Reasonable time may be given tosuch existing political parties tochange their names, and a partywhich promotes communalism or

seeks to fight elections oncommunal issues, shall bederegistered and disqualified. Toensure that the elected candidaterepresents a substantial section ofthe voters, the committeesuggested that if the total votepolled in a constituency is lessthan 35 percent of the totalnumber of voters in theconstituency, there should be arepoll. The Committee'srecommendation for regulation ofpolitical parties by law to ensureinner party democracy in everypolitical party and maintenance of

regular accounts and their auditby them has subsequently beenreiterated by the Law Commissionof India.

Strengthen the ElectionCommissionThe Election Commission has beendoing a commendable job. It woulddo still better by revising thenorms for classification of politicalparties which grow likemushrooms and help in the

emergence of two national partiesor at least two combinations ofparties. Political parties should beclassified into, national, regionaland state for proper identificationof the nature and size of a politicalparty. Regional parties cannot becalled national parties. Allpolitical parties have secured

registration by giving a writtenundertaking to the ElectionCommission of India in terms ofSection 29(5) of theRepresentation of the People Act,1951 that they shall bear truefaith and allegiance to theConstitution of India as by lawestablished, and to the principles

of socialism, secularism anddemocracy, and would uphold thesovereignty, unity and integrity ofIndia. In blatant violation of theundertaking barring a fewexceptions, they rely on caste


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differences and pursue communal,parochial and chauvinistic policiesunconcerned about the unity andintegrity of India. Now, it does not

have the power to withdraw orcancel registration of a party. TheCommission needs power towithdraw or cancel theregistration granted to a politicalparty if and when the partyviolates the undertaking given tothe Election Commission. There isno law to regulate political parties.

The Election Commission ispowerless to discipline them. Itcannot even cancel theregistration oferring politicalparties. TheCommission shouldbe enabled toderegister

communal partieswhich are masquerading aspolitical parties.

Proliferation of Political PartiesThe problem in India is that thereare too many political partiesbereft of ideology, with a burningdesire to capture power and retain

it by hook or crook. They aredestabilizing our democracy. Toomany cooks spoil the broth. In1988, the Justice SarkariaCommission noted: "A largenumber of splinter groups with

shifting loyalties and narrowinterests have been thrown uprather than large-size politicalparties with healthy traditions

and broad outlook which couldshoulder heavy responsibility ifoccasion arose. This has tended toencourage irresponsible politicalbehaviour." In the words of theLaw Commission: there hasbeen a steady deterioration in thestandards, practices andpronouncements of the political

class. The proliferation of politicalparties, almost a mushroomgrowth over last few decades,

necessitating theformation ofcoalitions with alltheir internal

contradictions,pulls and

pressures, hasresulted in lack of goodgovernance. This has to bechecked. A Parliamentarydemocracy can be run successfullyonly if there are two or threeparties. The Commission hassuggested measures to checkproliferation of political parties.Democracy cannot work withoutpolitical parties. Stable andsuccessful democracies like UKand USA function mostly with atwo-party system.

In the words of the LawCommission: there has beena steady deterioration in thestandards, practices andpronouncements of the politicalclass.


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From Parliament downwards to astudents' union, democracy is byand large, seen as securing votessomehow, by candidates who are

mostly ill-equipped, self-servingand ambitious investors in politicswho are hungry for the limelightand exploitation of power. Thepeople who are the real repositoryof sovereignty have no say in thechoice of candidates. The optiongiven to them is either to vote forone or the other of the candidates

contesting or to altogether abstainfrom voting. Indian democracy hasnow become a routine ritual. Inthe words of Zulfikar Ali Bhutto:the din and noise of election havekept democracy going in India.The National Commission gave awarning: There is increasingcriminalisation of politics and of

the electoral process. If theremedies are not found andimplemented speedily there mightremain very little of value tosalvage.

Coalition GovernmentsHorse-trading is part of coalitionpolitics. The traders bargain for

lucrative portfolios. They do notpermit clean, transparent andeffective governance. A PrimeMinister or a Chief Ministerheading a coalition governmentdare not drop a corrupt minister so

long as the minister commandsthe support of a coalition partnerwhich has a sizeable strength inthe house, unless he is prepared to

risk the fall of his owngovernment. Integrity and abilityare no longer the main criteria forappointment of ministers. Thewishes of the people of India haveno role in the selection ofcandidates by political parties orin the appointment of ministers.The National Commission

observed:"There is pervasive impurity of thepolitical climate and of politicalactivity. Criminalisation ofpolitics, political-corruption andthe politician-criminal-bureaucratic nexus has reachedunprecedented levels needingstrong systematic changes. Black-

money, parallel economy and evenparallel Governments are theoverarching economic and socialrealities. Legitimate Governmentwill, in due course, find itincreasingly difficult to confrontthem. In course of time theseillegal criminal outfits will dictateterms to the legitimateGovernments. This has happenedin Orissa and Chhattisgarh whenNaxalites kidnapped a DistrictCollector and MLAs.

State Funding of Elections


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After considering therecommendations made earlier byvarious committees regardingstate funding, the Law

Commission accepted thesuggestion of the Inderjit GuptaCommittee for partial statefunding of elections in kind on anexperimental basis by providingfacilities for organising meetings,allocating time on the radio andtelevision and facilitating printingof election literature and postage

etc. The committee alsorecommended imposingsimultaneouslyrestrictions by lawon the number ofcut-outs, banners,wall posters,hoardings, flags,vehicles to be used

etc. The LawCommission has alsorecommended disqualifying aperson against whom a criminalcharge has been framed by a Courtof law if the offence involved moralturpitude, from contesting at anelection or continuing as aMember of Parliament or of aState Legislature.

Structural changesTo make the political executiveperform better, it is necessary tocarry out a few structural changes

in the Constitution with respect tothe Executive. B.K. Nehru'ssuggestion for total separation ofthe executive and the legislature is

not possible, parliamentarydemocracy being a basic feature ofthe Constitution. However, it isdesirable and possible to separatethe executive from the legislatureto the extent of making MPs,MLAs and MLCs ineligible to holdany executive office except thepost of minister and

simultaneously laying down strictconditions of eligibility for theoffice of minister tokeep away

undesirablepersons. Ifministership ismade inaccessibleto all except the

well-equippedmembers of Parliament or a StateLegislature, it will ensure goodgovernance.

A provision for direct induction ofoutstanding persons of ability andexperience in the cabinet to handlethe key portfolios, without theirhaving to be elected to Parliamentor the State Legislature concernedis a felt necessity. They could bemade ex-officio Members ofParliament or the StateLegislative Assembly or theLegislative Council concerned as

The committee alsorecommended imposingsimultaneously restrictions bylaw on the number of cut-outs,banners, wall posters,hoardings, flags, vehicles to beused etc.


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the case may be, to facilitatetransaction of business in theHouse. Dr. Rajendra Prasad hadmentioned in his concluding

address to the ConstituentAssembly: I would have liked tohave some qualifications laid downfor members of the legislatures. Itis anomalous that we should insistupon high qualifications for thosewho administer or help inadministering the law but none forthose who make it except that they

are elected. A law giver requiresintellectual equipment but evenmore than that,capacity to takebalanced view ofthings, to actindependently andabove all to be trueto those

fundamental thingsof life - in one word - to havecharacter. It is not possible todevise any yardstick formeasuring the moral qualities of aman and so long as that is notpossible, our Constitution willremain defective. Palkhivala said:"The grim irony of the situationwhere the one job for which youneed no training or qualificationwhatsoever is the job of legislatingfor and governing the largestdemocracy on earth. You needyears of training to attend to aboiler or mind a machine; to

supervise a shop floor or build abridge; to argue a case in a lawcourt or to operate upon a humanbody. But to steer the lives and

destinies of more than 650millions (now 1200 millions) ofyour fellow-men, you are notrequired to have any education orequipment at all... By votingignorant professional politicians topower, we have kept a singularlygifted and enterprising nation inthe ranks of the poorest on earth."

C. Subramaniam, former UnionMinister and later Governor ofMaharashtra,

suggested that acandidate forelection to an

Assembly mustpossess a minimum

educational

qualification ofPlus Two (HSC) and for LokSabha he should be a Graduatefrom a recognised Institute orhave experience in the functioningof the Panchayati Raj Institutionsor must have rendered publicservice in a recognised voluntaryservice organization.

Apprehensions of LeadersC. Rajagopalachari hadanticipated the present state ofaffairs 25 years beforeIndependence, when he wrote in

Dr. Rajendra Prasad hadmentioned in his concludingaddress to the Constituent

Assembly: I would have likedto have some qualifications laiddown for members of thelegislatures.


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his prison diary: "Elections andtheir corruption, injustice andtyranny of wealth, and inefficiencyof administration, will make a hell

of life as soon as freedom is givento us. Men will look regretfullyback to the old regime ofcomparative justice, and efficient,peaceful, more or less honestadministration." He added:Hope lies only in universaleducation by which right conduct,fear of God and love will be

developed among citizens fromchildhood. In November 1949,Dr. Ambedkarvoiced his concernwhether Indiawould maintain herIndependence orwill lose it again asit happened before

due to theinfidelity andtreachery of some of her ownpeople. Dr. Rajendra Prasad inhis concluding address to theConstituent Assembly sounded anote of caution: "Whatever theConstitution may or may notprovide, the welfare of the countrywill depend upon the men whoadminister it. If the people whoare elected are capable and men ofcharacter and integrity, then theywould be able to make the besteven of a defective Constitution. Ifthey are lacking in these, the

Constitution cannot help thecountry." Palkhivala posed thequestion, Has the Constitutionfailed? and answered it by saying

that it is not the Constitutionwhich has failed the people, but itis our chosen representatives whohave failed the Constitution. It isevident that we have not been ableto work the Constitution in themanner expected. To recall thewords of Joseph Story, AmericanJurist: "Republics are created by

the virtue, public spirit andintelligence of the citizens. Theyfall, when the wiseare banished fromthe pubic councils,because they dareto be honest, andthe profligate arerewarded, because

they flatter thepeople, in order tobetray them."

Unless we bring into Parliament,State Legislatures and theCouncils of Ministers, the bestbrains available in the country i.e.distinguished men and women ofintegrity, ability and vision whocan work the Constitutionsuccessfully, democracy and therule of law may not survive. Indiais one of the richest countries inthe world in terms of humanresources. There is no dearth of

It is evident that we have notbeen able to work theConstitution in the mannerexpected. To recall the words ofJoseph Story, American Jurist:"Republics are created by thevirtue, public spirit andintelligence of the citizens.


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patriots or Statesmen in thecountry. Besides electoral reforms,administrative reforms (includingPolice reforms) and Judicial

reforms are the need of the hour.Pressure of public opinion alonewill make the Parliament reformthe system. Only the youth of thecountry can prevail upon

Parliament to amend the laws asthey have done in the case of gangrape of a Delhi girl and saw to itthat an Ordinance was issued in a

record time.

Back to Contents


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Assessment: PRCs White Paper On

Defence

- Brig (retd) Vinod Anandhina has come out with itslatest White Paper ondefence as part of its

regular exercise to covey to theworld that it has been exhibitinghigher levels of militarytransparency. However, the paper

is an exercise in strategiccommunication both to its internaland external audience. It showsadequate transparency to deter itsregional competitors while puttinga lid on many details which theinternational community wouldlike to know about its everexpanding defence budgets and

the direction its growing militarypower might take. For the internalaudience the paper has attemptedto highlight some of the roles andmissions of the PLA that aremeant to be in aid of the people sothat it can be justified that it ispeoples army and not the Partysarmy.

In the preface the paper saysChina will never seek hegemony

or behave in a hegemonic manner,

nor will it engage in military

expansion. However, can it besaid that its military muscleflexing in South China Sea, EastChina Sea and along the borderswith India and even Vietnam isnothing but hegemonic behaviour?Evidently, this is merely a slogan

and such a pronouncement cannotbe taken seriously by Chinasneighbours who are at thereceiving end of its assertivebehaviour.

While surveying the securityenvironment the eighth WhitePaper on defence has chosen to

nominate Japan as trouble-makerover the issue of the DiaoyuIslands. Without naming the USthe paper adds that some countryhas strengthened its Asia-Pacific

military alliances, expanded its

military presence in the region,

and frequently makes the

situation there tenser. Thus, the

American pivot to Asia has beencausing much concern to theChinese. For China, the "Taiwanindependence" separatist forcesand their activities are still the

C

* Brig (retd) Vinod Anand, Senior Fellow, VIF


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biggest threat to the peacefuldevelopment of cross-Straitsrelations.

However, what are conspicuouslyabsent from the Chineseassessment are the current andpast shenanigans of North Koreawhich are complicating thesecurity situation in East Asia. Inits 2006 White Paper, China hadcommented on North Koreannuclear tests and had observedsomewhat cryptically, "DPRK haslaunched missile tests and

conducted a

nuclear test. Thus,

the situation on the

Korean Peninsula

and in Northeast

Asia has become

more complex and

challenging. Thistime around there is completesilence on North Koreasdestabilising activities. Even in its2008 White Paper China hadlauded itself by stating that TheSix-Party Talks on the Korean

nuclear issue have scored

successive achievements, and the

tension in Northeast Asia is much

released.

While concentrating on the USand Japan the White Paper hasnot included South China Sea andthe littoral countries as areas of

concern thus for time beingdownplaying the issue andpossibly setting priorities forsettling/importance of the issues.

Similarly, the border issue withIndia also does not find mention.This is in contrast to articulationsmade in earlier papers. Forinstance, the white paper of 2006talked of having settled borderdisputes with 11 out of 13countries. This formulationimplied that India and Bhutan

were being unreasonable. In hisFive Point Proposal for improvingSino-Indian tiesmade in mid-March this yearPresident XiJinping hadobserved that Theborder question is a

complex issue leftfrom history and solving the issue

won't be easy. And just to provethis observation there are mediareports that PLA troops haveintruded 10 kilometers deep insideIndian territory at Daulat BegOldi in Ladakh. Thus, it would besafer to assume that not mucheffort is going to be invested by thenew Chinese leadership in theresolution of the border issueduring its reign of next ten years.

Curiously, the White Paper onDefence has been titled as

However, what areconspicuously absent from theChinese assessment are thecurrent and past shenanigansof North Korea which arecomplicating the securitysituation in East Asia.


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Diversified Employment ofChinas Armed Forces, possibly tounderline variety of roles andmissions of the armed forces. This

is a distinct departure from thepast where all the papers weretitled as White Paper on Defence.In contrast to the past practicemany other details like defenceexpenditure and the progress ofthe respective services have beeneither totally excluded ormentioned in the passing.

Explaining its policy of activedefence the paper says China'sarmed forces unswervinglyimplement the military strategy ofactive defence, guard against andresist aggression, containseparatist forces, safeguard theborder, coastal and territorial airsecurity, and protect nationalmaritime rights and interests andnational security interests in outerspace and cyber space. "We willnot attack unless we are attacked;but we will surely counterattack ifattacked."

The paper briefly reiterates PLAsdoctrine as to win local wars

under the conditions ofinformationization --, intensify the

joint employment of differentservices and arms, and enhancewarfighting capabilities based oninformation systems. They

constantly bring forward newideas for the strategies and tacticsof people's war, advanceintegrated civilian-military

development, and enhance thequality of national defencemobilization and reserve forcebuilding. The doctrine of winninglocal wars under informationisedconditions was mentioned in detailin its 2004 White Paper andsubsequent papers whereinconsiderable details had been

given as to how the PLA intends toproceed on the process of militarymodernisation in a step by stepprocess.

For the first time the PLA hasgiven out the structure of itsarmed forces. It is a differentmatter that much of it was alreadyavailable in the public domain.However, what has been revealedby the PLA does not match someof the estimates made by analystsand researchers. The paper statesthat the PLA mobile operationalunits include 18 combined corps,plus additional independentcombined operational divisions,and have a total strength of850,000. The combined corps,composed of divisions andbrigades, are respectively underthe seven military area commands(MACs): Shenyang (16th, 39th and40th Combined Corps), Beijing


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(27th, 38th and 65th CombinedCorps), Lanzhou (21st and 47thCombined Corps), Jinan (20th,26th and 54th Combined Corps),

Nanjing (1st, 12th and 31stCombined Corps), Guangzhou(41st and 42nd Combined Corps)and Chengdu (13th and 14thCombined Corps). Of particularinterest to India are the corpsbased in Chengdu and Lanzhouwhich have operational roles onthe Sino-Indian border.

Apparently, the strength of manylogistic and other supportingelements has notbeen included. TheIndian Army, witha much smallernumber of corpsand otherformations has a

strength of 1.2million. Thus, the PLA is hidingits actual numbers.

Similarly, the paper gives out thestrength of the PLA Navy as235,000 officers and men withthree fleets under it, namely, theBeihai Fleet, the Donghai Fleetand the Nanhai Fleet. For longChina had stressed that it was notkeen to acquire an aircraft carrier;now with the commissioning of theLiaoning in September 2012 thepaper proudly notes that China'sdevelopment of an aircraft carrier

has a profound impact on building

a strong PLAN and safeguarding

maritime security.

So far as PLA Air Force isconcerned the paper mentions thatthe PLAAF now has a totalstrength of 398,000 officers andmen, and an air command in eachof the seven Military AreaCommands (MACs) of Shenyang,Beijing, Lanzhou, Jinan, Nanjing,Guangzhou and Chengdu. Inaddition, it commands oneairborne corps. The 15 Airborne

Corps is an elitestrategic formationand its capabilityalso can be broughtto bear againstIndia in a veryshort time frame.Some years back

the formation had carried out atraining exercise wherein adivision is supposed to have beeninducted into Tibet in 48 hours.

The strength of the PLA - SecondArtillery Force - has not beenmentioned, though it has beendescribed as a core force for

China's strategic deterrence.According to the paper, the SecondArtillery Force (SAF) is enhancingthe safety, reliability andeffectiveness of its missiles,improving its force structure of

In addition, it commands oneairborne corps. The 15 AirborneCorps is an elite strategicformation and its capabilityalso can be brought to bearagainst India in a very shorttime frame.


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having both nuclear andconventional missiles,strengthening its rapid reaction,effective penetration, precision

strike, damage infliction,protection and survivabilitycapabilities. The current politicalleadership has been payingparticular attention to SAF. Afterhaving taken over as Chairman ofthe Central Military Commissionin November 2012, Xi Jinpingvisited Second Artillery Force and

observed that the artillery force isthe core strength of China'sstrategic deterrence, the strategicsupport for the country's status asa major power, and an importantcornerstone safeguarding nationalsecurity. Many advanced versionsof ballistic and cruise missiles arebeing fielded with appropriate

integration with C4ISR assetswhich are both ground and spacebased. PLA has carried outanother anti- ballistic missile testin January this year indicatingthat it is moving towardsacquiring a ballistic missiledefence capability which wouldimpact the value and worth ofIndias nuclear deterrent.

The paper also gives insights intoChinas nuclear posture though toa very limited degree. It states IfChina comes under a nuclearthreat, the nuclear missile force

will act upon the orders of theCMC, go into a higher level ofreadiness, and get ready for anuclear counterattack to deter the

enemy from using nuclearweapons against China. If Chinacomes under a nuclear attack, thenuclear missile force of thePLASAF will use nuclear missilesto launch a resolute counterattackeither independently or togetherwith the nuclear forces of otherservices. The conventional missile

force is able to shift instantly frompeacetime to wartime readiness,and conduct conventional medium-and long-range precision strikes.It is for the first time that there isno explicit reference to its No FirstUse Policy. Though, by inferencefrom the formulation mentioned inthe paper one may conclude that

China may not be the first tolaunch a nuclear strike yet thisneeds further elucidation. Therecould be some message in the newwording and China needs toelaborate further on this aspect. Itis also safer to assume that thisprinciple will not apply to theconventional tactical or strategicstrike. However, Chinas No FirstUse nuclear doctrine remains anenigma for India as Chinas NFUdoes not apply to its ownterritories or territories claimed byit i.e. Arunachal Pradesh. Further,China possesses tactical nukes


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and it is yet to clarify as to howthe SAF intends to use suchcapabilities.

What is also a cause of concern toIndia is the increase in frequencyof joint training exercises in theTibet region. Not only have theChinese army and air force carriedout India centred exercises, theyhave also conducted live missilefiring exercises in Chengdu andLanzhou Military Area Commandswhich have their operational areasopposite the Indian border. Trans-MAC troops movement exercisesand simulationexercises have alsobeen carried outraising the level ofmilitarypreparedness alongthe Sino-Indianborder. The paper notes thatSince 2010, a series of campaign-

level exercises and drills code-

named "Mission Action" for trans-

MAC manoeuvers have been

carried out. Specifically, in 2010

the Beijing, Lanzhou and Chengdu

MACs each sent one division led

by corps headquarters, together

with some PLAAF units, to

participate in the exercise. In

2011, relevant troops from the

Chengdu and Jinan MACs were

organized and carried out the

exercise in plateau areas. In 2012,

the Chengdu, Jinan and Lanzhou

MACs and relevant PLAAF troops

were organized and carried out the

exercise in south-western China.

Thus, India can ill afford toneglect its border infrastructureand military preparedness, whichcurrently leaves much to bedesired.

The Paper also describes the roleof Peoples Armed Police Force(PAPF) which is a para-militaryforce meant for internal securityduties and to assist the PLA inwar time. However, its strength

has not beenmentioned. Some ofits main tasksinclude performingguard duties,dealing with

emergencies,combating terrorism andparticipating in and supportingnational economic development. Itis also employed for nationaldevelopment tasks and iscomposed of some special forcesassigned for various miscellaneouscivil and military tasks. Possibly,the Chinese troops which havebeen sent to POK for so calleddevelopment activities are fromthis force.

For instance the Paper states thatSince 2011, the PLA and PAPF

Trans-MAC troops movementexercises and simulationexercises have also been carriedout raising the level of militarypreparedness along the Sino-Indian border.


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have contributed more than 15million work days and over 1.2million motor vehicles andmachines, and have been involved

in more than 350 major province-level (and above) projects ofbuilding airports, highways,railways and water conservancyfacilities. The PAPF hydroelectricunits have partaken in theconstruction of 115 projectsconcerning water conservancy,hydropower, railways and gas

pipelines in Nuozhadu (Yunnan),Jinping (Sichuan) and Pangduo(Tibet). The three new hydro-power dams built on Brahmaputrain Tibet are possibly thehandiwork of such a force.

What has been expanded uponthis time in the Paper is PLAsrole in aid of the people andnational development so that PLAcan be truly seen as a peoplesarmy. This aspect was completelymissing from Chinas White Paperon Defence of 2002. Since 2004this role of the PLA is beingstressed upon more and more. Thepaper says that The Constitutionand relevant laws entrust China'sarmed forces with the importanttasks of safeguarding the peacefullabour of the Chinese people,taking part in nationaldevelopment and serving thepeople wholeheartedly. During

the CPCs 18th Congress conclavein November 2012, the partyleadership had emphasised thatWe must unwaveringly adhere to

the principle of the Party'sabsolute leadership over the

armed forces and continue to

educate them in the system of

theories of socialism with Chinese

characteristics. In the Paper thePLA is being portrayed as thepeoples and not the Partys army.

What is altogether missing in thepaper is any mention of thedefence expenditure of the PLAwhich has been invariablymentioned in all the White Papersissued so far. Chinas defenceexpenditure according to its 2006paper was US$ 36 billion; thisyear the budget according tofigures released in 12th NationalPeoples Conference in earlyMarch this year the defencebudget was estimated to bebetween US$ 115 to 117 billion,more than three times the size of2006 figures. Last year the defencebudget was around US$ 107billion. However, according to aUS Defence Intelligence AgencyReport of 17 April 2013 China hasspent as much as US$ 215 billionon military related services andgoods in contrast to the last yearsofficial budget of 107 billiondollars. One of the major factors


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contributing to the rise in thedefence expenditure in Asia-Pacific is the double digit growthin PRCs defence budget from 1990

to 2013 as Chinas neighboursremain wary of its growingmilitary might and enlargement ofits core interests.

Overall, the White Paper hidesmore than it reveals and there ismore of opacity rather thanmilitary transparency.

So far as India is concerned it isquite evident that India has toaccelerate its militarymodernisation which has beenstymied due to the politico-bureaucratic system andprocesses. Though inadequaciesand gaps in our militarycapabilities are well known yet

sufficient effort has not been putin to fill the void and gaps in ourmilitary capabilities. We need toimprove our ground holding

capabilities, C4ISR capabilities,accretion of space assets, missilewarfare capabilities, long rangeprecision capabilities besidesinfrastructure development inborder regions. Further, Chinathrough its various manoeuvershas been aspiring to dominate theIndian Ocean region which is

critical to Indian security; thischallenge needs to be met boththrough diplomacy andmodernisation of our maritimecapabilities.

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Supporting War Criminals - Is Bengals

Liberal Space Shrinking?

- Dr Anirban Gangulyomething unprecedentedhappened over the last weekend of March (30th March) in

Kolkata. Sixteen Islamicorganizations came together at theMaidan, the second largest publicground in the city, in protest

against the ongoing War CrimesTrial in Bangladesh, against theShahbag sit in and in support ofthe Vice-President of the Jamaat-e-Islami Bangladesh, DelowarHossein Sayeedi one of the primeaccused in the 1971 genocide inBangladesh.

It was astounding to see a hugeand belligerent crowd gather fromall over the state to support one ofthe best known razakars andcollaborators with the Pakistanarmy in its genocide againstHindus and Muslims in EastPakistan. Speakers addressing thegathering attempted to whip up

hysterical support for the Jamaatand its leaders and pledged thatjust as West Bengals Muslimsprevented Salman Rushdie from

the entering the state andhounded out Taslima Nasreen in2007 they would generate amovement against the pro-WarCrime trial bloggers inBangladesh and would take ontheir supporters with the same

zeal. They even threatened toblock any future visit of SheikhHasinas to India.

But most shocking was theirbrazen support for Sayeedi, aknown vocal anti-India preacher, arabid anti-Hindu who has beenactive in organizing pogroms

against minorities in Bangladeshover the years and one of the mostavid collaborators in Pakistansgenocide against fellow Muslims.

They openly declared their supportfor Sayeedi saying that a deathsentence for Sayeedi in effectmeant a death sentence for the

Koran and Islam. These speakerschose to ignore the fact thatSayeedi was being tried for killingin cold blood, among others, theirfellow religionists. It was for the

S

* Dr. Anirban Ganguly, Research Fellow, VIF


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first time that such a mobilizationtook place in Kolkata and it simplyreinforced an emerging mindsetwhich has begun trying to

consolidate a pan-Bengal Islamicidentity. Incidentally, it was fromthe Maidan in August 1946 thatthe call for Direct Action wasgiven by the Muslim League. Theresult of that call on the history ofboth parts of Bengal is too wellknown to even require a passingreiteration. But our politicians

have deliberately chosen to ignorethat past.

Not a singlepolitical party, andin them especiallythose who at thefirst opportunity,

jump to dissectdelusionaldimensions ofHindu fascism and habitually getinto describing various conjuredHindutva theatres of genocidalexperiments or pontificate on theneed to maintain the secular andsyncretic texture of ournationhood, came forward tocondemn the positions taken inthe meeting. Not one politicalparty even recalled the genocidalrole that Sayeedi and his ilkplayed in the past and of how theyhelped to sustain Pakistaniresistance to Indian soldiers. The

Shahbag protesters have beencalling for the establishment of atruly secular and constitutionalBangladesh where religious bigots

would be reined in and their anti-national tendencies curbed and yetthey find no support from ourpolitical secularists.

Both the Left and the TrinamoolCongress (TMC) have maintaineda studied silence havingmortgaged over the years theirpolitics to Islamic fundamentalistelements in the state. Comrades

who jump at everyopportunity todisplay theirsecular credentialsin order to keepcommunal forces atbay throughorganizing rallies,sit-ins, and

seminars have not issued even asmuch as a statement. In factSayeedi himself had a very clearbenchmark for Communists,Leftists are not Muslims. Theydont believe in prayers, he haddeclared. It has always been anaxiomatic truth for him that nonon-Muslim could be allowed tolive in Bangladesh. He assiduouslyworked for it ever since the War ofLiberation in 1971. No wondercomrades in Bangladesh find itdifficult to survive on their own

Both the Left and the

Trinamool Congress (TMC)

have maintained a studied

silence having mortgaged over

the years their politics to

Islamic fundamentalist

elements in the state.


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and have prudently sided withSheikh Hasina.

The Congress believing that it

shall gain space with theelectorates gradualdisillusionment with the TMC hasobviously kept quiet. Its studiedsilence is part of its larger granddesign of mobilizing country wideminority support. Nor has theIndian media come forward todebate the phenomenon; it is stillincapable of visualizing its statusonce congregationssuch as these beginspawning Sayeediclones all overIndia. For themedia and

journalists Sayeedihad a simpleequation,Journalists writelies. They are the enemies ofIslam, it is well documented as towhat Sayeedi did to those whomhe considered as enemies of Islam.It is this stoic silence in face of arising vocal Islamicfundamentalism which isworrisome and condemnable. Theliberal space in Bengal is fastshrinking and we have paid aheavy price for such a constrictionin the past.

Those in whose support theMaidan congregation wasorganized were at their viciousbest when it came to treating

minorities in their own country.Sayeedi himself, as head of thelocal Al Badr and Al Shams, hasbeen convicted of killing Hindus,burning their homes andbusinesses and of forcefulconversion. Sydney Schanberg,then correspondent of the NewYork Times, noted the selective

approach in targeting Hindus, the[Pakistani] army isnow concentratingon Hindus, thekilling is moreselective, [and] hasnot stopped.Schanberg alsorecorded how the

Pak army hadpainted big yellowHs on the Hindu shops to identifythe property of the minority,eighth of the population that it hasmade it special targets.

Archer Blood, the dissentingdiplomat, then American ConsulGeneral in Dhaka cabled on 29thMarch 1971 on how the Hindus[were] particular focus of [the]campaign and how the army wasgoing after Hindus withvengeance.

Veteran Pakistani journalist

Archer Blood, the dissentingdiplomat, then AmericanConsul General in Dhakacabled on 29th March 1971 onhow the Hindus [were]particular focus of [the]campaign and how the armywas going after Hindus withvengeance.


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Anthony Mascarenhas, who fled toLondon in order to tell the truthabout the Pak army wrote inexasperation in his columns in the

Sunday Times that the Pakistanimilitary operation had twodistinctive features: One, thecleansing process, the otherrehabilitation effort i.e. turningEast Bengal into a docile colony ofWest Pakistan. Sayeedi and hispolitical colleagues hadwholeheartedly facilitated all of

these; the Maidan congregatorswere silent on that.

It was Sayeedi who had once saidof the Hindus of Bangladesh, Whyshould we feel sad when the

Hindu brothers choose to leave ourcountry? Do we mourn when wehave indigestion and materialsleave our bodies?

Do we then assume that those inWest Bengal who have organizedthe Maidan rally in Sayeedessupport and those who have,through their silence givenconsent to their demands, reallysupport that line? Arent theycomplicit in composing the finalrequiem for Bengals, once famed,liberal space?

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General In Gaol: Musharrafs Arrest And

Its Implications

- Sushant Sareenn what is being called a first inPakistans history, a formermilitary strongman, Gen

Pervez Musharraf, has beenformally arrested on charges ofterrorism and illegal confinementof judges. Musharrafs detractors

see his arrest as a sign of thefundamental changes that havecome in the political powerstructure in Pakistan. Accordingto them, the power of the Pakistan

Army has been seriously erodedwith the restoration of democracyand the reinstatement of the

judiciary, and this is reflected in

the failure of the army to standbehind its former chief in his hourof trial and tribulation.

The cynics disagree. They are ofthe view that the army stillremains the most powerfulpolitical player and beyond a pointit will not allow its former chief to

be humiliated by the judiciarybecause this will deal a body blowto the power of the military andthe impunity and immunityenjoyed by the Generals.

According to them, even the judgesare aware of the limits of theirpower and will desist fromcrossing the red-lines as far as thearmy is concerned. The dramaticarrest of Gen Musharraf, thecynics are convinced, is therefore

nothing but a farcical drama. Afterall sides in this drama(particularly the judiciary) haveplayed their roles, that is to say,established their credentials andmade their point, the curtain willfall on this so-calleddemonstration of civiliansupremacy and rule of law.

Vivek Issues n Options May 2013

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