Why do we need Law? Can we live as a society with law?

 LAW IS THE PRICE THAT WE PAY TO LIVE IN A CIVILIZED SOCIETY

One of the most underrated achievements of mankind which has contributed ‘immensely’ in organizing us as a community towards the growth and development of human civilization is law and its effective enforcement. The nature and content of law may be a debatable subject but not the need of its existence as a great ‘unifying’ force. Accordingly, every civilized community has always acknowledged the imperativeness of developing a sound ‘legal system’ based on the contextual variables and an equally sound and dedicated institution of trained personnel to enforce the same. The desirability of efficient implementation of the ‘will’ of political leadership and the sustained enforcement of our rights and obligations in society, have over the years, imparted legitimacy and an instrumental credibility as well to the institution known as civil services.

A competent and well-trained institution of civil services characterized by high level of honesty, integrity, objectivity and dynamism inter alia provides a conducive environment for the ‘multi-faceted’ growth and development of the entire society. That is why it has always been a constant concomitant of all political systems of one and other kind irrespective of the changing context of time and space. The last few decades have witnessed a sort of ‘paradigmatic shift’ in the course of evolution of mankind, spearheaded by an ‘over- arching’ influence of IT revolution and the forces of globalization. Consequently, today we are living in a mutually influencing construct of values and principles in a so-called global village which has ‘drastically’ altered the environmental setting of Civil Services in terms of new challenges as well as opportunities. 






The consistently increasing needs and aspirations of modern consumptive society and scorching challenges of ensuring distributive justice without undermining the core principles of market based economy, reflecting concern for age old values in the face of unavoidable factual realities, maintaining objectivity with humane orientation, reconciling development with environmental consideration, enforcing equality before law amid the existence of powerful vested interests, all put together, have significantly expanded the operational horizon of modern civil services. Yet, every new challenge comes with an often-invisible opportunity to learn and excel. The ‘mind boggling’ increase in the burden of civil services has correspondingly led to expansion in the spectrum of their jurisdiction which encompasses quasi legislative, quasi-judicial and regulatory authority as well.

Therefore, a career in civil services comes with a blend of numerous challenges and a rare opportunity to make a meaningful and decisive intervention in the life of people to make it more livable. It is not enough to learn and clear the examination like tens of hundreds do every year. Take it as a mission to initiate change, a positive change for those who need the helping hand of yours the most by making a judicious use of your authority, skill, dynamism and personal endurance.

‘To aim high and fail is forgivable, to aim low is not’.

Therefore, set your goals high, keep free from all the disabilities of the past, unify your body, soul and mind and move ahead with a missionary zeal. The principle of rocket science here converges with behavioral science that is “he who has to go higher must keep lighter”. 

The history of mankind is replete with ‘jaws dropping’ achievements scripted by those who were only a man among…………………………………………………...to begin with. You also belong to the same fraternity, and you can do it too. From the innermost fiber of my soul, I wish you all the best.

 

Sajjan Pratap Singh

Director, IIIASA

It pays to be patient

The arrest of Mr. Ansari, one of the main accused in 26/ 11 terror attacks in Mumbai marks a clearly visible shift in the geopolitical  realities of the time where the factor of socio-religious and cultural affinities is making way for harsh politico economic priorities.The spirit of cooperation as reflected by Saudi Arabia would not only strengthen the case against the accused but would also encourage other nations to realize the imperativeness of developing an  integral approach to counter the hydra- headed monster of terrorism.It would be a monumental folly to expect a dignified acceptance of inculpative revealations to be made by Mr. Ansari on the part of Pakistani Government yet it is likely to face another moral defeat in the comity of nations in so far as its credibilty pertaining to war against terror is concerned.

Published in 'The Hindu' 29th June 12

Sibal's initiative

With all respect for Mr.Sibal's erudition, it seems that the government's ultimate objective is to create a conducive environment for the gradual elimination of coaching institutions from the educational infrastructure of the country rather than improving the pathetic state of affairs in government educational institutions.In a way, the consistently increasing number as well as influence of such institutions gives ample testimony to the fact that government schools and colleges relying largely (with few exceptions) on a lot of demotivated and complacent teachers have failed to stand the scrutiny of increasing cut and thrust of competitive exams.It is secret to none that a good coaching institution can accomplish in six months what most of the govt institutions would fail to achieve in three years though black sheeps are there in all sphere of activities nowadays.The credibility and relevance of all educational institutions should be left to be judged by the society rather than government.Let them compete under open sky to determine things.

The consequential arrest of Mr.Raja has raised many more questions than it got answered.The what,how and why of the deliberate and criminal procrastination in initiating the legal proceedings against the accused,disgraceful attempt made by one of the senior ministers in the government to defend the indefensible conduct of the former telecom minister and above all the enigmatic silence of Mr.Prime minister- all put together- cast a shadow of doubt on the very integrity of more than one institutions of governance.Given the pathetic rate of conviction pertaining to corruption cases involving political big-wigs,it would be a monumental folly to expect any immediate breakthrough yet the direct supervision of the case by the honourable Supreme Court inspire much confidence that the rapacious nexus of corporate entities,bureaucracy and political leadership will be exposed soon.The facetious arguments being tendered by the government in front of the court,frequent distortion of facts or making facts fit the reality and a growing sense of irresponsibility on issues ranging from left wing extremism to escalating inflation have exposed the ethical,moral and professional fluidity in the functioning of the government of India.

The active and decisive intervention of the Bombay High Court in 'Adarsh society' scam will not only direct the course of investigation to its logical destination but will also restore the confidence of people in the 'rule of law'.It is heartening to note that Higher judiciary despite a number of its own institutional problems has kept on discharging its responsibilities as the 'guardian' of the Constitution reasonably well.The intellectual 'critique' of judicial activism basking in the glory of 'Doctrine of balance of power' is loosing its edge given the consistently deteriorating probity in public life which has almost compelled our esteemed judges to play a more active role in governance.From 2-G spectrum to CWG scam or frequent admonitions to the government on an ensemble of issues including CAG to CVC, the excercise of judicial vigilantism has been hailed by the people.We hope that active judicial intervention will slowly impart the much needed operational wherewithal to the state to prevent as well as punish injuries caused to it and its people by anti-national elements.

Mr.Sibal's unceremonious and irresponsible disparagement of CAG's report is only one of the many such instances in the recent months exhibiting a 'sense of collective irresponsibility' in the government.The enigmatic silence of Mr.Prime minister on an ensemble of major issues of national concern including back-breaking inflation,2g spectrum allocation scam,cwg scam,increasing clout of naxalism to the disclosure of information on illegal parking of money in foreign banks, to mention a few, has started lending credence to opposition's contention that the credibility of the very institution of the Prime Minister is coming under cloud.The consistently eroding credentials of major institutions of governance,deteriorating standards of probity in public life and obnoxious nexus among 'big-wigs' of all hues,all put together,are taking us away from the esteemed goals of good governance.Therefore the caveat being issued by the honourable Supreme Court more frequently than ever should be seen as a wake-up-call for the entire political leadership of which Mr.Sibal is a part only.We,the people of India,are simply witnessing the self defeating game of shifting responsibilities from one minister to another and the bug refuses to stop.

State Governments and Financial mess

The self defeating indifference to the legal obligations under ' Fiscal Responsibility and Budget management Act ' accompanied by long standing policy bottlenecks and preponderance of political politics over development politics have taken more than one states towards the financial imbroglio.Financial administration in the context of any government holds so much of 'unificatory' and 'instrumental' value that any sort of complacency,imprudence and indiscipline in this regard directly undermines the efficacy of governance in all imaginable spheres of life.The governments at all levels, struggling to reconcile the political realism to the idealism, have made abortive attempts to make facts fit their narrow political desires which has resulted into burgeoning fiscal and revenue deficits.The adverse implications of growing indebtedness of the state has to be understood beyond the narrow confines of Mr. Dasgupta's jurisdiction as a part of the political culture which is making achievement of 'macro economic' stability a hurculean task. Can Indian economy ever be in pink of health with dwindling fortunes of more than one states? Given the intellectual credentials of Mr.Asim and harsh realities of increasingly competitive world we expect some more substantive policy measures than mere cosmetic manipulations with one or other taxes to sustain a development centric economy.The government needs to reflect strong political willingness to take decisions guided more by the facts and realities of 21st century rather than inconducive and value centric ideas of 70's.We are yet to strike right kind of balance between politics and economics.