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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Pinarayi has every right to defend himself Wednesday, Sep 9 2009

CPI (M) State secretary Pinarayi Vijayan has every right to obtain information from government that would help him to defend himself in the SNC Lavalin case. The Opposition argument against that it devoid of merit.

If he has obtained information relating to the Cabinet decision on the SNC Lavalin case from the Government under the Right to Information Act and presented it before the Supreme Court, his action is perfectly in order. However, P. C. George, MLA, has raised the question whether the information in question was actually released under provisions of the Act. This is a valid question and is to be looked into.

The Opposition leader Oommen Chandy, on the other hand, maintains that the release of the information under the Act on Cabinet decisions sets a bad precedent as not only Mr. Vijayan but also known offenders like Om Prakash would be able to get information beneficial to them in criminal cases.

In an open government, every citizen has right to get information and the rights of Mr. Vijayan is not different from that of Om Prakash. Moreover, it is the duty of the government not only to ensure successful prosecution of offenders but also to ensure fair trial. If government suppresses information, that would hamper fair trial.  It is the responsibility of the State to ensure fair trial in every case.

However, the problem is that governments are not only unwilling to ensure successful prosecution of known offenders with political connections but also aid them in various ways. The accompanying picture points to open political patronage to known offenders.

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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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CPI-M again challenging rule of law Sunday, Jun 7 2009

Kerala Governor R. S. Gavai

The CPI (M) is challenging the rule of law by observing a black day against decision of the Governor R. S. Gavai sanctioning prosecution of CPI (M) State secretary Pinarayi Vijayan.

The issue here is not Mr. Vijayan’s innocence or guilt, but the requirement that he should stand trial like any citizen of this country. Even bias in the investigation is not a valid justification for trying to undermine the due process of law. Everyone is equal before law. In the case of Mr. Vijayan, the CBI investigation was directly supervised by a court of law and prima facie a case has been established.

The Constitutional provision requiring prior permission of the Governor for prosecution of people for anything done in their capacity as Ministers is merely intended to ensure that those who held such positions are not unnecessarily harassed for bona fide action taken in the discharge of their duties. It is not an instrument to protect people from the consequences of wrong doing.

What the CPI (M) is doing now is reminiscent of what Indira Gandhi did after she was unseated by the Allahabad High Court for electoral malpractices. She changed the law to save herself and declared emergency to stay in power. Mr. Vijayan is using Government machinery and the party machinery to save himself from the due process of law. The party is directly challenging a Constitutional authority. The organisational power of a political party is not to be misused to save an individual.

If the illiterate people of India could deliver a crushing defeat to Indira Gandhi, the fate awaiting the CPI (M) is clear. In fact, the people has already spoken through the Lok Sabha elections.

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Congress to consoldidate position in Kerala, West Bengal Thursday, May 28 2009

New Union Ministry after swearing in -PIB Photo

While the Left Democratic Front (LDF) in Kerala could not put its house in order, the Indian National Congress is making moves to strengthen its position in Kerala and West Bengal.

The failed leaders of the CPI (M) Pinarayi Vijayan and V. S. Achuthanandan do not have the grace to step down owing responsibility for the debacle in the Lok Sabha polls. It is not just that they don’t believe in democratic norms. They are entangled in a bitter battle that none could withdraw without conceding defeat. At least for the time being, the party is unable to push them out, or end the quarrel.

Party general secretary Prakash Karat is in no position to assert himself with the West Bengal unit demanding his resignation over the poll debacle. The decision to withdraw support to UPA Government before th elections has cost the party a share in power at the Centre. Now, the Congress-Trinamool combine would leave no stone unturned to wrest power from the Left in West Bengal.

The Congress has already taken steps to consolidate its position in both the States. It has named eight members of the Parliament from West Bengal and six from Kerala as Ministers. Two of them each are of Cabinet rank. The portfolios allotted to them are also significant. Minister of State E. Ahamed gets Railways while Minister of State K. V. Thomas gets Agriculture, Food and Civil Supplies. These are areas in which the State had been continuously accusing the Centre of neglect. It is clear that the Centre is not for confrontation with the State Government. On the other hand, it plans to win over the people.

One only have to recall the performance of BJP leader O. Rajagopal in 2004 elections to assess the opportunity that is opening up before E. Ahamed. Mr. Rajgopal’s contributions to the State as Minister of State for Railways had won acclaim and at least a lakh votes from politically uncommitted voters in Trivandrum.

Mullappally Ramachandran may also been tactically placed in the Home Ministry. He can address the concerns of Keralites about law and order and terrorism. If needed, he can also take on the CPI (M) politically over its handling of the police.

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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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