CPI (M) and terrorists Wednesday, Dec 16 2009

It is stated policy of the CPI (M), or for that matter any of the mainstream political parties, that they would have no truck with extremist outfits and terrorists. However, in practice, this may not be so.

There is little doubt that both the UDF and LDF had hobnobbed with extremists as part vote bank politics. As a result, extremists could take deeper roots in districts such as Malappuram. The network is deeper than that had come to light so far. However, the police, under political pressure, is still reluctant to strike at those who aided the network to take deep roots.

Now with media reporting about Soofia Maudani’s alleged involvement in the Kalamassery bus burning case and unearthing of part of the terrorist network in the State, it has become difficult for political parties in the State to openly associate with Abdul Nasir Maudani’s People’s Democratic Party. However, the CPI (M) is still in two minds with party State Secretary Pinarayi Vijayan and Chief Minister V. S.Achuthanandan leading the opposing camps. (What a fall for a communist party!)

It is to be remembered that the State Assembly had passed a resolution seeking the release of Maudani from Coimbatore Central Jail. Achuthanandan had gone to Chennai to meet the Tamil Nadu Chief Minister and plead for Maudani. The cost that Tamil Nadu extracted was the Assembly resolution in favour of release of Neyyar waters to Tamil Nadu.

So, the promise of any politician that they would not have any truck with extremist organisations in future is to be taken with a pinch of salt. Eternal vigilance by the public would only ensure that the mainstream political parties would not stray into extremist camps.

Related post:

Terrorism: Kerala could be a sitting duck

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Whither Achuthanandan? Wednesday, Nov 4 2009

Chief Minister V. S. Achuthanandan

V. S. Achuthanandan appears to be playing a new game to regain his position in party and remain as Chief Minister. The Chief Minister, who had earlier refused to take the cudgels against Constitutional Authority of the Governor, has now turned against the Election Commission of India, another Constitutional authority.

His remarks, questioning the powers of the Commission to deploy Central forces on the polling day, would not please anyone standing for free and fair elections in the country. However, it would sure please some leaders in the party, especially those from Kannur.

Mr. Achuthanandan knows that party State Secretary Pinarai Vijayan may not be able to continue in office after the next party conference, if it adopts the corrective measures proposes by the Polit Bureau. Polit Bureau member Kodiyeri Balakrishnan has been weakened by the allegations surrounding the actions of his son. So, Achuthanandan could regain his position in the Polit Bureau from which he had been ousted for indiscipline, if he plays the cards well

So, ultimately the only losers would be those who stood by Achuthanandan believing that he would take principled stands.

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Weakening of Mr. Achuthanandan Sunday, Jul 12 2009

Kerala Chief Minister V. S. Achuthanandan

The CPI (M) Central Committee has decided to weaken Chief Minister V. S. Achuthanandan and not to throw him out from the party for the time being. This is in strategic deference to minority opinion opposed to action against Mr. Achuthanandan alone for indiscipline, sparing party State Secretary Pinarayi Vijayan (Pinarayi was being spared despite his role in factionalism in the party).

However, the State leaders had for long adopted the strategy to weaken him gradually and eventually throw him out from the Chief Ministership. CPI (M) Ministers have already expressed their lack of  confidence in him besides the State unit.

So, democratically and politically, Mr. Achuthanandan’s continuance as the Chief Minister of the State is untenable, but for the people’s support he is enjoying. However, there is no device to measure his current popularity. (Some opinion polls during the Lok Sabha elections had shown that the Chief Minister is still popular with the masses.)

Three years of Achuthanandan’s rule has been a disaster. He has not been showing any initiatives for months now, after those on the Smart City project and the eviction of encroachers at the beginning of this term which did not bear fruit. So, the administration is as good as paralysed on several fronts. The only notable exception is welfare of farmers, fishermen and other weaker sections. Mr. Achuthanandan could be saying that this was because his party virtually did not allow him to function. But that does not materially alter the fact that the State is missing good governance.

Of course, Mr. Achuthanandan moral stands and fight against corruption has value. But tangible results are yet to be seen. Even in the case of Lavalin case, successful prosecution is unlikely.

So, the fundamental question is whether continuance of Mr. Achuthanandan would benefit the State. Under the present circumstances, the damage outweigh the benefits. So, Mr. Achuthanandan should be submitting the resignation of his ministry.

If he has popularity independent of the party, theoretically he should be able to come back to power.  Practically, however, he would need a strong party and its machinery which is not easy to build even with earlier oustees from the party. Besides, he cannot recommend the dissolution of the Assembly without a Cabinet decision.

V. S. is a fighter who does not forget his ire. He knows that he can inflict more damage on his opponents by being in the party than outside. The game will continue with each side trying to weaken the other side, at the cost of the public.

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Infrastructure projects fail to take off Wednesday, Jul 8 2009

Trivandrum City Roads Improvement Programme

Important infrastructure projects in Kerala are failing to take off owing to politicking. The Vizhinjam International Transshipment Terminal Project and Smart City Project were undermined by inner party rivalries in the CPI (M).

When Chief Minister V. S. Achuthanandan pushed forward the Smart City Project, the Industries Minister Elamaram Kareem tried to promote other projects for formation of Special Economic Zones. Competitive politics delayed decisions. In the case of Vizhijam project, the two groups in the party tried to push the cause of competitive bidders for the project. The result of continuing litigation which has stalled the project for an indefinite period.

The Kerala Transport Project and Thiruvananthapuram City Improvement Scheme were project taken up by the previous UDF Government and the Left suspected corruption in the contract. For the very reason, Finance Minister Thomas Isaac took on the contractors, but ended up giving the contract back to the very same contractors at a higher rate. These projects are now struggling for completion.

The only silver line is initiatives for the Kochi Metro Rail project. The Centre would also be completing the Vallarpadam project as the State Government has completed land acquisition after much delay. However, proposed  railway coach factory and wagon factory are still in paper.

The renovation of Sabarigiri project is progressing only slowly. The Ramackalmedu wind power projects too is stalled.

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Iyer now wants the Governor to dismiss Kerala Government Monday, Jun 22 2009

Former Supreme Court Judge V. R. Krishna Iyer has done that again. He has written an article in the New Indian Express suggesting that the Governor should act to the end collective irresponsibility of Kerala Government. While appreciating the validity of Mr. Iyer’s legal points, KeralaViews wants to highlight the complexities and contractions involved in Mr. Iyer’s advice.

Last time, Mr. Iyer wanted the Governor not to act against CPI (M) State secretary Pinarayi Vijayan by sanctioning the CBI’s request to prosecute Mr. Vijayan in a corruption case. His argument was that the Governor did not have the discretionary powers to reject the Cabinet’s advice against prosecution of Mr. Vijayan.

This time Mr. Iyer wants the Governor to act against the Chief Minister V. S. Achuthanandan and dismiss his Cabinet for failing to exercise collective responsibility (in making its recommendation?) What Mr. Iyer wants the Governor to exercise now is indeed a discretionary power which the English Queen will hesitate to exercise even under utmost provocation. (If Cabinet did not show collective responsibility regarding  its decision to recommend against prosecution of Mr. Vijayan, that should be reckoned as a good reason for the Governor to use his discretion in the matter)

Earlier, Mr. Iyer had wanted the Governor not to exercise his discretionary powers and act in aid of an alleged attempt to undermine the rule of law. Rule of law is fundamental not only to the Constitution but to any system of governance, whereas the discretionary power that Mr. Iyer wants the Governor to exercise now is only a Constitutional principle that is open to different interpretations.

The pleasure principle is something that should be invoked with due circumspection and fair judgment of the situation. The Governor cannot easily dismiss a government even in the case of break down of the rule of law. If the Governor has erred in sanctioning prosecution of Mr. Vijayan, he will be erring more seriously if he dismisses the Chief Minister.

This is not to say that the Achuthanandan Government has a right to continue. KeralaViews has said that the Achuthanandan Ministry had breached collective responsibility much before Mr. Iyer wrote about that. However, as stated in an earlier post, Cabinet Ministers are appointed by the Chief Minister and he has every right to drop Ministers who do not enjoy his confidence. So, if Ministers breach the principle of collective responsibility, it is for the Chief Minister to take action. If it is the Chief Minister himself who is responsible for the situation, it is for the Legislative Assembly to express no confidence in him. Mr. Iyer himself notes, quoting Kashyap, that the Council of Ministers is collectively responsible to the House of People.

If the Achuthanandan Government is continuing in office despite the gross breach of constitutional principles, it is the Legislature that should hold the Government accountable. The Governor is to act only if the legislators fail to exercise their legitimate role for want of moral authority or other reasons. Then, what the Governor should do is not only to dismiss the Government, but also to dissolve the Assembly, paving way for the people to elect a responsible Government. However, when the legislators are not acting, the Governor is in a position similar to Bhishma, who had to remain silent when Panchali was dishonoured. Dharma is subtle, Bhishma said.

Like his previous article, this article of the Mr. Iyer is a double edged sword.

Related:

Cacophony of Kerala Cabinet on Display in Legislature

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Writing on the wall for the communists Sunday, May 17 2009

The communists will have to reinvent themselves if they were to survive. The mixing of ideology and democratic centralism with real politik, corruption and business is not going to work. But its is doubtful whether the Lok Sabha election results would be an eye-opener for a party ridden with factionalism and   an increased aptitude for materialistic possessions.

While professing secularism, the communists had been responsible for propping up the Muslim League and even the Bharatiya Janata Party. Now, its effort to fight the League with virulent form of communalism has backfired. Will the party learn its lessons? (One of the false arguments raised by the CPI(M) men were that the PDP was being reformed. However, now having failed in attempts to gain legitimacy, the PDF is likely to go back into more extremist ways.)

Chief Minister V. S. Achuthanandan has already disowned responsibility for the debacle in Kerala. The fact remains that the Government had failed to carry out its election promises during the past three years. Yet, Mr. Achuthanandan would say that this was because of his party and front constituents. But people have noted that staying in the Chief Minister’s gaddy was more important to him than asserting things beyond mere rhetoric.

The fight between Pinarayi and Achuthanandan is to continue and both will try to stick to their positions. However, the people are not going to pardon them in the coming by-elections– to the three Assembly seats to be vacated by the newly elected Members, too if they don’t pave way for improvement of the functioning of the Government. But that would happen only after a churning in the Left Front. The main JD (S) faction is set to leave the Front. The CPI will have to consider its options. The Church has told the Kerala Congress (Joseph) that it would not have its support as long as it is with the Left Front.

Democratic conventions demand that the party leader who led the party to a major debacle should quit. A Chief Minister who has lost support of most of his party members (which amounts to losing majority in the Assembly) too should quit, especially because the people’s mandate for the Government is now in doubt. However, our leaders are not democratic or gracious enough to do that. Others would have to push them out! And that is easily said than done!

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Bhishma(Krishna Iyer)’s advice in SNC Lavalin case Thursday, May 14 2009

Jurist V. R. Krishna Iyer has come out with an article criticising Opposition parties in Kerala for urging the Governor R. S. Gavai to take an independent decision on the CBI’s request for prosecution of CPI (M) leader Pinarayi Vijayan in the SNC Lavalin case (The Hindu dated. May 14).

This blog would not have attempted to look critically at the article of the former Supreme Court judge of such eminence, if Mr. Iyer himself had not provided the points to contradict him. (For Arjunas who want to fell Pinarai, these are Bhishma’s words. Hope Mr. Chandy and his lieutenants would make use of them).

Mr. Iyer says, quoting a Supreme Court verdict, that Governor as the British Queen is bound to follow the Cabinet’s advice except in rare exceptions in which the Cabinet decision is irrational or arbitrary or perverse or plainly and blatantly biased or mala fide.

He further adds:  “In the present case, unless an exceptional situation has arisen, or the Cabinet decision is irrational, manifestly biased or intentionally calculated to save a constitutional authority, the rule that the tenant of the Raj Bhavan is bound by the Cabinet ruling and the Governor cannot substitute his separate judgment or that of any jurists who may be his favourites to make the Cabinet’s clear resolution impotent, should prevail.”

He also says that the Advocate General has exonerated Mr. Vijayan. Unless there is some manifest bias on his part in Mr. Vijayan’s favour, the Cabinet should adopt his advice.

Now, all that the Governor has to do is to look at the circumstances of the Cabinet decision if he wants to find the justifications needed for using his discretion.

Let us look at a few of the criteria offered by Mr. Iyer:

Irrationality: Is it not irrational for the Advocate General to exonerate an accused in a case investigated by a legally constituted body (CBI)? Trial and acquittals are the domain of courts, and not the Advocate General. The Advocate General took the decision without seeking all the documents he had called for and the Cabinet says that it took the decision after examining all the “available” documents.

Manifest bias: This is clear from the sequence of things from the party secretariat’s repeated interventions and the political pressure on the Chief Minister V. S. Achuthanandan. Calculated actions of the CPI (M) to thwart prosecution was evident and the Chief Minister had stood against that.

Intentionally calculating: Do we need any more proof for that than the conduct of the CPI(M) leaders and their statements?  But the Governor may find it difficult to get all that documented.

Mala fide: If reported remarks of CPI leaders are to be believed, the Cabinet had also decided to exonerate the officials involved without the full knowledge of at least the CPI Ministers.

Mr. Krishna Iyer suggests that the Opposition could call the Advocate Genereal to the Assembly to seek clarifications about his advice. However, even the Chief Minister was not able to do so. His suggestion in this regard was reportedly turned down by the other  (intentionally calculating?) Ministers.

It is to be noted that the recommendation of the Cabinet regarding prosecution of a former member of the Cabinet is different from the Cabinet’s advice to the Governor on other matters of the State. The Governor is the appointing authority of the Cabinet and it rules during the pleasure of the Governor. He exercises his discretion in calling party leaders to form Ministry. If one of the minister of his government commits a crime it should be the concern of the Governor.

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Achuthanandan is still the Opposition Leader Sunday, Mar 1 2009

V. S. Achuthanandan

It may not surprise many who know Chief Minister V. S. Achuthanandan closely that he finally decided to attend the valedictory of the Nava Kerala Yatra. His keeping away from the function against the party line would have been untenable in a party such as the CPI (M). Mr. Achuthanandan knows this well, and he does not have the wherewithal to quit the party. He takes unassailable stands against corruption and other issues and reneges on them to keep his position.

It is to be noted that many of his ideals or agenda, other than those relating to communism and his politics, do not come from deep-routed convictions. Many are ideas and agenda thrust upon him, by his well-wishes and those who were (once) close to him, to project his image. So, it is not surprising that he changes his colours when it becomes a question of survival.

Environmental activism
For example, he was a leader who used to speak against environmentalism and environmentalists before he became the Opposition Leader. His fight against the filling up of paddy fields was just an old communist style agitation of encroaching into others properties and slashing down standing crops over labour issues. However, his aides managed to give it the character of a struggle to conserve the environment. Soon, he turned into crusader for environmental causes. It was easy for those who were close to him to “convince him” to take up such fights for he was very amenable to persuasion. But his “convictions” vanish in adversity. Thus, his fight against the land mafia and those destroyed the environment at Munnar turned into a project for giving away forest lands. He had no hesitation in dropping those who aided him.

Water issues
He had become a crusader to protect Kerala’s interests in water agreement with Tamil Nadu under the influence of a journalist. However, one of his first actions after becoming the Chief Minister was to make moves to give away waters of Neyyar in a platter to Tamil Nadu. (He was apparently under pressure from the Central and Tamil Nadu leadership of his party. Besides, the LDF wanted PDP leader Abdul Nasir Maudhani to be released from jail in Tamil Nadu.)

He did pretty little to carry forward his campaign against illegal lotteries, encroachment at Kovalam and the like though he had been given the image of a crusader by his supporters. A Central government agency gave a certification to the hospital against whom he had campaigned over a kidney racket. He did not wink an eye when that happened. Kerala’s stand continued to be same as that stated by UDF Government on endosulfan– there is no conclusive proof that endosulfan caused the tragedy in Kasargod district.

Pro-women
His pro-women campaign ended with posting a few women officer at top posts, with no impact on any sphere. He looks on as the government turns away from use of open source software. (He knew nothing on the subject and he adopted the cause just because it had the trappings of a fight against neocolonialism.) In fact, he has compromised on all the major issues he had taken up as Opposition Leader.

Tailpiece: Achuthandan has once again given a tit for tat to Pinarayi Vijayan– this time in response to Pinarayi’s for his narration of the Urdu story about sea and its waves. Well, the Chief Minister is still being the Opposition Leader. As Chief Minister, he should be acting instead of speaking out.

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