Month: May 2016

Constitutional Philosophy: An Indian Experience

Why is Constitution such a sacred and major document? I sometimes, being a law student, wonder what must have been the scenario if there would have been no such framework, as it is now in form of our Indian Constitution. Constitution with the help of several doctrines arrays a compact structure for the governance of the nation. It mentions the practices that are very important in organizing a state. To understand the philosophy of any constitution it is important to know the basic tenants surrounding it like: constitutionalism and constitution. The spirit to have a regulated and well-balanced society through regulating the powers of the government or any supreme authority can be called as constitutionalism because, having a constitution does not ipso facto builds constitutionalism.  Thus, the Indian Constitution has throughout its text given the full weightage to the concept of constitutionalism. Some of those concepts which ensure the existence of constitutionalism in our constitution are: judicial review, rule of law, separation of power, independence of Judiciary, supremacy of the Parliament.

Mr. Justice H. R. Khanna in his ‘Making of Constitution said: “The framing of a Constitution calls for the highest statecraft. Those entrusted with it have to realize the practical needs of the government and have, at the same time, to keep in view the ideals, which have inspired the nation. They have to be men of vision, yet they cannot forget the grass roots”[1]. The Constitution is not a static or a non-living thing. It rather serves as a connecting link for the infinite generations of human race. It has to carry the same significance through every till last living generation. Thus, Constitution during its developing stage has to be framed with a practical viewpoint so that the future changes can be easily adapted by such an important text, entire state rests on this document.

The Indian Constitution is based on the philosophy of evolving an egalitarian society free from fear and bias based on promoting individual freedom in shaping the government of their choice. The Indian Constitution is a marathon effort to translate philosophical rule of law into practical set up divided into three significant estates checking each other exercising parallel sovereignty and non-egoistic supremacy in their own way. Apart from excellent separation of powers to avoid the absolute concentration, the Constitution of India envisages a distinct distribution of powers between two major levels of governments central and provincial with a fair scope for a third tier – the local bodies. However, the operation of the system came in contrast with men and their manipulations leading to different opinions and indifferent options[2].

Right from developing the Preamble of the Indian Constitution, based on America’s constitutional model to adopting the federalism, providing constitutional rights, classification of central and state powers in form of list system, ensuring the independence of judiciary and much more; the basic philosophy was to consolidate and protect the interest of all the different provincial, linguistic, cultural and religious groups. It also focused on providing every one of them an equal opportunity to stand against the arbitrary actions of the government or different bodies. The state is able to subscribe justice to its citizens only when it has an independent and efficient judiciary working for it. The Constitution provided for the supremacy of the Parliament but equipping the courts with the power of judicial review brought the concept of balance of power into picture which did nothing but highlighted the beauty of the Indian Constitution. No doubt, many of us believe Indian Constitution to be a ‘copy-paste’ version of Constitutions of other jurisdictions but actually the drafting committee for the Constitution actually did a tough research job in incorporating the right provision for the right objective.

Rule of law[3] played an important role during the construction of such a massive document in India. The mentioning of the Part-III[4] (Fundamental Rights) proved to be the landmark achievement in the constitutional history of India. It paved the way for democratic setup, equality, end against discrimination, reservations for the underprivileged, freedom to express and religion; all these features enabled the Indian Constitution to implement the nature and scope of the doctrine of rule of in its stricto sensu. The philosophy to provide an efficient governance system where everyone had a right which empowered them to pursue a powerful economic and social life got successful through the inclusion of rule of law into the Constitution.

The doctrine of precedents enabled the Indian Constitution to grow and cater to the needs of the developing society. This doctrine provided a new breathing space for the Indian Constitution. The society being dynamic in nature posed an enormous challenge before the framers and their philosophy of stable constitution. The energetic character of the society also endangered the basic tenants of our constitution (basic structure doctrine) but, the doctrine of precedents kept the torch of justice ‘lighted’- always.

Indian Constitution remains a classic example of perfect legal research, excellent drafting and upholding the spirit of law and justice. The document, over a period of time, has faced tough challenges but all the three pillars of the democracy have ensured its sustainability. Thus, the Constitution of India today justifies the philosophy behind it’s each and every article, embodied with great deliberation and utmost care.       

References:-

[1] H.R. Khanna, Making of India’s Constitution (1946)

[2] Madabhushi Sriddhar, Evolution and Philosophy behind the Indian Constitution (http://www.hrdiap.gov.in/87fc/images11/4.pdf)

[3] A.V. Dicey, Law of Constitution (1885)

[4] H.M. Seervai, Constitutional Law of India

Author: Rishabh Shrivastava (Founder and Editor-in-Chief, Analysis)

You can reach author at: eic.analysis@gmail.com 

The Contemporary CT Strategy in United States: Continuities and Change

Terrorism is a spectacle which is part of the quintessential Political Contest which rages on between the State and the non-state actors globally. ‘The tragedy of the circumstance’ is such that the localized notion of the spawning of terror modules and terror profligacies is still a notion which is bandied about both surreptitiously and in broad public glare. It is still considered intellectually satisfying and stiff upper lip naiveté to damn and indict the propounders of the theorization that the menace of terrorism is a global phenomenon which does not augur well for the nom de plume of intellectual global relations study. The idea of GWOT and the nomenclature of “Enemy combatants” and “Long War” is derided about as being American in origins expansiveness and rationale.  The recent report in guardian informed the audiences that the US establishment is going to reveal the actual Drone attack counts for the first instance since 2009. The report further contends that the US release will assiduously report on the casualty toll in undeclared battle stations such as Pakistan, Yemen, Libya, Somalia rather than the active battle stations and attrition quagmires in Iraq, Afghanistan and Syria. The Council on Foreign Relations has been presented with the “legitimacy rationale” of the US executive which posits and aims to win back the “correctness” and the transparency rights of the Counter Terrorism (CT) stance of Washington.

Still, the International Law nay sayers and the critical media lament the utility and the usage of the Drone strikes in the American interventions in West Asia and North Africa in particular. It is part of the RMA (Revolutions in Military Affairs) and the notion of “SMART warfare” as it was ditheringly extended by the likes of Donald Rumsfield during the “challenged” phases of the American war machinery in the aftermath of the September 11 attacks. The issue of “collateral damage” has been the bone of contention and global opprobrium but the pledge to report the Drone induced damage comes in the light of the maiming of the 150 odd Al Shabab militants in the “ Black hawk Down” referenced Somalia where-in, both manned aircraft and unmanned MQ-9 Reaper Drones” wreaked havoc and ravaged a Al Shabab training camp 120 miles off Mogadishu in Somalia.

The Time magazine declared one year back in January, 2015 that the American Counter Terrorism Policy is failing in the context of the rise of ISIS/ Daesh and the running sore of Syria with even the likes of Steffan Misruta, the United Nations interlocutor and Peace Pontiff unable to give a finishing touch to the Syrian quagmire then. Still, the negotiation of a Peace solution has led the likes of US Secretary of state such as John Kerry to highlight the chances of a solution between the myriad West Asian nations along with the volatile and vituperative equations involving Iran, Saudi Arabia and Iran. David Sedney wrote in the Time that, “The current Light Footprint CT approach poses that combination of precise Drone strikes, US special forces raids, and training and strengthening small, smart and elite forces in the local scenario can maim the ‘core’ of the terror leadership to render these groups incapable and impotent in the longer run.” It can be argued that limited success can be attained through these CT instrumentalities but a longer run degradation of the terror scare cannot materialize. The danger lies in the dreaded rise in the numbers and the ideological quality of the terror mongers who belong to a novae dedicated ilk as the randomized and knee jerk larger CT stratagem does not lead to a mass based annihilation scenario of terrorists and their superstructure. This the one skeptic’s perceptions of the entire take on CT management as it exists in the American establishment. It harks us back to the quintessential American idea of the Bush Doctrine which is also amply reflected in the Memoirs written by President George Bush, where-in, he contends that, “ Both the terrorists, their groups and the nations which harbor the terror modules have to be held accountable for the catastrophe of terrorism. The ideals of Liberty hope which are the hallmarks of the populations fighting the menace have to be re-invented and revisited as against the depraved notions of fear and repression.” Though the Bush Doctrine, initialized by the likes of Charles Krauthammer, remains embedded as another extension of the much tom tommed, Project on New American Century (PNAC), still, the terror threat cannot perceived as a straitjacketed back and white apparition but as a perennial bugbear emboldened by the ides of a twilight zone and an unmarked ambiguity of the grey.

The current American threat in 2016 is to curb violent extremism and radicalization at home and abroad. The US CT policy in 2016 earmarks the a new tilt where-in the American establishment has vouched for the core refrain for a battle of ideas and ideology as a mere gun battle and firefighting approaching in the battlefield cannot emasculate the terror organizations such as ISIS. This is nothing g but a harking back to the Bush Doctrine.

manan1

Author: Dr. Manan Dwiedi

About the Author: Dr. Manan Dwivedi, Faculty, International Relations and International organizations, IIPA (Indian Institute of Public Administration) 

 

 

Sen’s Idea of Justice- A Review

Though, like any other person, my mental image of Amartya Sen has always had the element of awe associated with it, not in the least because of the Nobel that he was awarded. In all my attempts at reading his works there arose a consistent feeling of warmth, in part due to the genteel manner with which he address even the scathing criticisms levelled against him and in part due to the overwhelming presence of a uniform train of thought that concerns itself for the betterment of humanity. Both these characteristics of his writings, combined, made his writings a pleasure reading for me. His writings as a philosopher has always had the strand of reasoning that appealed to the rational me making this book a must read for me. Clearly, as he himself has acknowledged in his several other writings, his education and exposure to the worldly ideas at Shantiniketan, ran by Rabindranath Tagore, has had a great impact in moulding his views. His outlook is global and inclusive at the same time. In a way this book can be seen as a culmination of the broad outlook of ideals that defined his works throughout. For me to peer into one of such greatest mind of contemporary times through his writings is invaluable in its own self. Hence it is with great enthusiasm, which I generally do not associate myself with, that I started reading this book.

Though not a fortuitous happening, Sen, being a contemporary of philosophers like Rawls et al, seems to have enthused by their writings and his encounters with them during his years at Harvard and Oxford clearly has nudged him to explore his own philosophy of what the nature of perfectly just society and its constituent just institutions. Driven by his own conceptions about aspects of a just society he proceeds to expound a possible alternative possibility of a perfectly just society to which a society can work its way to.

Evidently, the Rawlsianism cannot be unlodged as the primary interpretation of justice in the political philosophy in any time soon. Rawlsian theory of justice in effect defined the landscape of debates in 20th Century political philosophy and it continues to serve as the template upon which any further or even different form of understanding of the concepts of Justice is attempted. In this book, invariably, Sen’s exploration of his idea of justice begins with identifying his ideas within the overall construct of Rawls. In fact the first few of the chapters proceeds merely as a criticism of Rawlsian theory of justice. In a condensed form I have tried to produce here only the vital points of criticisms that he mounts up against Rawls

  • The Transcendency of Form: While doubting the very fact that multiple and competing principles of justice while surviving the critical scrutiny can simultaneously claim the impartiality after their emergence from the primordial form of ignorance, as is claimed by Rawls, Sen’s argument takes a unique turn when questions its practical redundancy. His reasoning is that the identification of a perfectly just social arrangement and institutions cannot be done by the emergence of a solitary reasoning rather than a comparative assessment of possibilities. Moreover, according to Sen, identification of a transcendentally perfect arrangement in no addresses the problem one faces while making choices. The vital aspect of this line of reasoning, which is to be noted, is that he posits an approach with the help of relative assessment and raking of available social choices in a decision making process. With this he sows the arguments in support of the setup that expounds in the subsequent chapters.
  • Accounting Differences & Behaviour: Under the Rawlsian perfect society, people are expected to behave justly and are expected to make such choices that are in line with the choice that stands made by them under the veil of ignorance (a primordial state of unknowingness). This according to Sen restricts the possibility of choices without accounting for actual behaviour of members of the contract (for Rawlsian just society is established primarily through a social contract). In all fairness there can exists multiple social choices that are impartial and can compete with the reasoning of just institution that already stands identified in the contract. The inherent flaw that is present with Rawlsian principles is that the members of a social contract may make a choice, even after agreeing upon a just social mechanism that could withstand critical scrutiny of rationality, which may not necessarily align with the contract. This possibility comes across as an inherent contradiction when one takes into account the elementary importance that Rawls accords to liberty.

This assumption of a spontaneous emergence of a universal reasonable behaviour on the part of all members of a society comes directly in contradiction to still a large question about how the chosen institutions would work in a world in which everyone’s actual behaviour may or may not come fully into line with the identified reasonable behaviour under the Rawlsian contract. This is one off shoot of the problem of transcendency in Rawlsian approach.

  • Parochial Interpretation of Society: While the followers of Rawls has attempted to expand the horizon of his approach to make it more cosmopolitan, it still reeks of the parochial interpretation of society in terms of traditional nation-state theories. This according to Sen restricts the reach of justice in this form for it cannot take into account the effects of a social choice made by a particular set of people over others, i.e. the trans-boundary and external effects of a social choice. Moreover, this also denies the choice makers the information that can make the choice so made is sophisticated than what it is.

With these, one might even tempted to brand this work of Sen as another attempt to overcome the alleged deficiencies in   Rawlsian construct and a further extension of it. However, Sen distinguishes himself from those rhetorics with his suggestion of a just social arrangement that is eminently practical, rather than the ‘detached from realities’ arrangements as suggested by Rawls and his followers.

After establishing firmly the deficiencies and inadequate reach of reasoning of Rawls, Sen builds up the case for his conception of justice. There is palpable departure by Sen in his approach to the setup of a just society and the process of decision making towards such a setup itself. His exposition stands more grounded and practical in its implementation than the transcendental –teeming with multiple infeasible– approach of Rawls. He posits a process wherein all the social choices available are graded according to their relative merits and demerits rather than identification of a singularly just principle that is expected to govern universally all the choices that are made, without any scope for flexibility. Sen, Rather than confining himself to mere identification of a just principle, he evinces considerable reasoning for the comparative questions about justice and their social realisations.

Then what according to Sen can be a just social set up? To this end, he draws heavily upon the social choice tradition to construct his version of just society. Though he acknowledges the inherent deficiencies as found in Condorcet paradox and Arrow’s impossibility theorem, he relies on the informational broadened informational basis upon which a social choice is made in the social choice theory. Moreover, this conforms to his belief in non-confinement of reasonable and impartial choices that are potentially available for a decision maker while also not restricting the possibility of deviation in behavioural patterns of the people. As far as the process of deciding the rationality of the choices available itself goes, Sen invokes the metaphor of impractical spectator to invoke the concepts of impartiality and reasonableness of any choice. He finds the principles enunciated by Adam Smith in his Theory of Moral Sentiments in this regard to be grossly underrated, which he has vented in an article published earlier as well.[1]

In summation form of justice as is conceived by Sen in this work can be simplified in the following terms

  •      Plurality of Choices: The central requirement for any approach to justice, according to Sen, lies in its recognition of multiple rational and impartial choices in existence. It is not necessarily axiomatic, as is claimed by Rawls, that only one ideal form of justice and social choice that can lead up to it can exist.[2] He reasons that as long as a choice, that is reasonable, survives the critical scrutiny of rationality is based on a possibly wide informational basis can co-exist with others. While the Rawlsian decision-making process, to the contrary, involves the decision to be made under a ‘veil of ignorance’, wherein decision makers are anonymous and do not know anything about their interests or its effects upon their own. This is an informationally starved decision, in comparison to Sen’s process, since here no one can possibly put forward any individualistic nuances that can possibly arise post the decision. Here Sen scores over Rawls without resorting to his elaborate setup of devised uncertainty. Rather than looking for a homogeneous virtue in terms of which all values that we can plausibly defend could be explained,[3] the plurality of reasons can be best judged when the competing principles of justice takes[4] on board the task of accommodating different kinds of reasons and evaluative concerns. The recognition that it is possible to order competition principles of justice, while accommodative their diverse qualitative considerations, and still be able to choose the best alternative as the situation demands is innate for any conception of justice.
  • Partial Resolution: Personally, this is the crucial contribution made by the author overall to the contemporary debates on justice. While stating that it is possible for partial qualitative ranking of available social choices, it is still more possible for a conflict to remain partially resolved with this partial ranking of choices. In his own words

“One implication of this line of reasoning is the recognition that a broad theory of justice that makes room for non-congruent considerations withinthe body of that broad theory need not thereby make itself incoherent, or unmanageable, or useless. Definite conclusions can emerge despite the plurality. When the competing concerns reflected in that plurality have far-reaching merits, on the relative strength of which we remain partially undecided, then it would make good sense to try to see how far we can go even without resolving completely the problems of relative weights. And sometimes we can go far enough for the theory to be of very considerable use in application, without sacrificing any of the rigorous demands of each competing line of argument.”

This rather than positing strictly just society envisages a situation where such steps lead to incremental enhancement of justice in the world. The relative advantage of this line of reasoning is the fact that even in case of non-resolution of conflicting situations does not necessarily make it unworkable there is always an ever existent flexibility for a change in the choice so made as and when informationally significant aspects comes to the surface, even after such choice is made.

All being said and done I still feel that there is an aspect that Sen has questionably left open. Ironically, this arises from the strongest of arguments put forward by him. While it is plausible for the recognition of partial rankings and any unresolved conflicts in a social choice, it still leaves the question of how to resolve such noughts that arises directly because of this. He does not in sufficient manner to explain this problem, while this has the potential to question his theory over all. One possible solution that I can reasonable locate within his line of thinking is as and when such seemingly irreconcilable situations arise we can broaden our informational perspective to further enhance the quality of available choices. This could reasonably serve as a solution for the limitations of Sen’s position.

Another limitation that I encountered in this book, though this does not necessarily involve his idea of justice, is his treatment of ethics. This I speak with specific reference to the chapter in which he discusses about human rights. While treating human rights as certain ethical claims that stand recognized in the form of legislations, he treats the ethical assertions as fountain through which the human rights legislations arises, all this while he does not in any manner exposit the true nature of ethics in itself, leaving it to our own subjective perception. This acquires certain significance when he bases is argument completely over the overarching importance of ethical proclamations in human rights discourse. Although this is inane as a shortcoming in terms of its impact in the overall argument put forward by the author it does comes across as a pebble in the shoe.

The limitations apart I would treat this as one of the most important contribution to the contemporary debate in the political philosophy post the Rawlsian era. With his innate and characteristic ability to infuse humanitarian reasoning this work stands out amongst the mechanical, elated and unnecessarily esoteric interpretation of justice that is prevalent in the debates. He stands as a maverick in this landscape for his reasoning in this field and this work is his true trophy.

 

[1] Adam Smith and the Contemporary World, Amartya Sen, Erasmus Journal for Philosophy and Economics, Volume 3, Issue 1, Spring 2010, pp. 50-67.

[2] See in particular Chapter 9- Plurality of Impartial Reasons

[3] Theory of Justice, Amartya Sen, Pg:394

[4] Ibid Pg:395

The article was originally published at: http://anonymousblabberer.blogspot.in 

Book Review: Before the Memory Fades

It is not often that you find people who achieve the pinnacle of one’s profession and live to see it. Mr.Nariman, the godfather of Indian bar is one such exception. The very name evokes awe in the minds of many who are a part of the bar and it without any surprises also includes judges who are on the other side of the bar. My first experience of him happened when I was present in the court during his arguments against the proposed NJAC in Supreme Court. I must say there is a quality to his voice and tenor that made me think of Richard Attenborough for a moment. In comparison to the commanding opposition of the Attoney General Mr.Mukul Rohatgi, it was a mellifluous performance that one does not get to witness very often. It is sad that this incandescent voice of the bar is fading due to old age. Naturally as an aspiring member of the bar I picked up this autobiography of his at my first opportunity. With some unexpected eagerness, with which I generally am not associated with for biographies, I started reading the genius of a lawyer’s life. The first few chapters of the book fulfilling my expectations was about his personal life, written in an interesting way laced with sufficient humour to interest the reader. From these pages it is clear that he is from a somewhat well to do background. His professional pedigree too is from the best of stables in the country, chambers of Sir Jamsedji Kanga, of which other stalwarts of the profession like Palkhiwala, Seervai too are a part of. It is actually surprising that even at this age he remembers many interesting incidents at the bar that he fondly reminisces in this book. This part of the book moves without many surprises but with much more gentle humours making it a fast paced interesting albeit not so exciting read altogether.

The real turn in the whole book comes at the stage of his life when he accepts the post of Additional Solicitor General of India and shifts his residence to New Delhi. It happened during the time period when the whole country was at the cusp of radical change of times that will take it into one of most turbulent times that independent India is yet to go through. It was when he was holding this position that the ‘phony’ emergency, as he calls it, was declared in the country, leading to him resigning the post as a form of protest. Considering the then prevailing circumstances when there existed no security even for one’s own life, it was one of the bravest moves that this country has witnessed. As a matter of fact his resignation invited the much needed public attention to the negative effects of the emergency. This particular chapter gives some interesting insight into the mind of the man who mustered the courage to take such a step.

One of the opportunities that Nariman seems to have missed is to appear in the famous Fundamental Rights case (Keshavananda Barati Vs Union of India). His participation in that matter, apart from being a valuable contribution in the case, would have spiced up the reading a little more. The life of a towering personality like him will inevitably touch upon certain watershed moments of Indian judiciary for it is him who played an active role in crafting the outcome of certain number of those pages of history. The subsequent chapters of the book take a definite turn in its tenor and content when he starts to delve into few of those instances. Fraught with controversies even to this day, his decision to defend the Union Carbide in the massive litigation initiated after the Bhopal Gas Tragedy is one such instance. Interestingly he seeks he seeks to justify his stance through this book. Prior to the litigation his reputation for the cause of human rights was internationally celebrated, no less due to his decision not to continue in the post of law officer when the emergency was declared. His reputation in this regard also caused to raise many an eyebrows when he appeared as the lead counsel to defend Union Carbide. In this chapter he explains at length the reality, for much information available to the public are emotionally prejudiced. This chapter in particular helped me no less in understanding several questions that many lawyers are posed in their professional life. Much of the detractors of this decision of Nariman were emotionally opinionated judging him unfairly. But through this chapter he puts up a formidable defence explaining his stance rationally. He has even reproduced two letters (one by renowned Professor Upendra Baxi) that were addressed to him questioning this decision of his. Even prior to reading this book I had several doubts that existed over the role that a lawyer plays in any judicial proceedings. Two extreme forms of reasoning can be had for this question. In one form he is seen as someone who can appear on behalf of anyone that he pleases and in the other he has to judge the cause before entering his appearance. Gandhi, as a lawyer chose the second path. He rejected any cause which he believed is not just. This reasoning of Gandhi is somewhat irrational, for he judges upon the cause of a person even before he is afforded an opportunity before the court. The detractors of this decision of Nariman too sound the like. This reasoning may somewhat put the lawyering as anything for money profession, but the role of a lawyer in judiciary itself calls for it. I personally am not able to see any incongruity in this reasoning and I find it to be rationally robust. As this subject needs separate detailed critical examination I shall refrain from digging further on this. Apart from justification or rather explanation that he offers for his stance in this controversial case, he also offers many judicial solutions to work out of such intricate situations which create difficulties both judicially and emotionally. It does seem to look a little out of place since he himself was and always has been in a veritable position to make such changes. In one page he even offers somewhat of an explanation to this as well, albeit not so convincingly.

The next important chapter is where he narrates his experience as a nominated member of Rajya Sabha (Upper House) of the Parliament. How much ever he seems to have loved it and portrayed it to be a very useful stint as the member, one cannot escape the feeling that his membership was not of much consequence. This is definitely not a surprising when considering the fact that he is nominated member without any party affiliations. Within the political landscape that is fraught with ulterior political motives in every move made, there is little that a sole member can do without the support of major parties on the floor. At its very best his membership did indeed offer the infusion of intellect in the debates held on the floor, sufficing the purpose of his nomination for the membership.

Throughout the passages one can witness the passion that this man holds for this profession. It is hard to miss that in those seemingly autobiographical passages is hidden the man’s eagerness to deliver the message about the ideals for which the profession of advocacy stands for. Hidden is his lament over the disgraceful fall of standards. Nevertheless, more than his reminiscences about the yesteryear members of the bar, who upheld the ideals of the profession, the man himself stands as an exemplar for the wannabes. One thing that I sorely missed in the book is the absence of any interesting information about his maverick of a son Rohinton Nariman. It would have been interesting, personally, to know a little more about the life of Rohinton, whose trailblazing performance as a judge in Supreme Court is raising the standards in the Indian judiciary. All in all this is an extremely interesting read and well serves as an inspiration for aspiring lawyers and lawyers alike.

The article was originally published at: http://anonymousblabberer.blogspot.in 

Gram Suraj Abhiyan – Success or Failure?

If one stay in the city capital – Raipur, or travel around its streets, one cannot drive away, but roll up their eyes to see huge hoardings and posters in almost every prominent street side, reading: Chalo Sangi, Chalo Mitan – Gram Suraj Abhiyan (25 April – 24 May)

These hoardings invite citizens to participate at the Gram Suraj abhiyan when the temperature is soaring at a 45 degree celsius. But that’s not what comes in the mind at a first sight, rather the attention that Rural Development has been receiving out rightly attention  from the State government is among one of the thoughts that follows. Today, Rural Development in Chhattisgarh occupies a special significance for two-fold reasons – First, about two thirds of the population (2011 census) resides in villages; and there cannot be any progress as long as rural areas remain untouched. Secondly, the backwardness of the rural sector (that constitutes 80% of the population) turns out to be a major impediment to the overall progress of the State. Annual interaction with the people at their doorsteps is very important to ensure the implementation of government policies. It gives a sense of oneness and bridges the gap between the governing and the governed. Thus, the government of Chhattisgarh has launched the Gram Suraj abhiyan under the leadership of the Chief Minister Dr. Raman Singh to ‘strengthen grass root level implementation of government programs and policies’.

A detailed, yet progressive preparation for the Gram Suraj Abhiyan was made in consonance with certain national programs, like general elections or pulse polio program where the Chief Minister made surprise visits to villages to take firsthand information about its policies. It has been an earlier practice where he hosts “Choupal” (meeting of villagers) to get primary report on the government’s performance at the grass root village level. Under this noble initiative, teams of government officials visit villages; stay for the night and jot down the grievances of the people. The Gram Suraj abhiyan is a way to enhance transparency in government programs and as a deterrent way to check corruption. Government can now easily identify gaps in areas like road connectivity, drinking water facility, women child welfare projects, children education system, agriculture, health system, mid-day meal scheme and other sectors where improvement is required. This abhiyan has enhanced faith among the villagers that their Government is responsive and sensitive to their problems.

It is to an extent that the Lok Suraj abhiyan is successful in each of its perspective. It is Chhattisgarh, the only state in India that has made a policy to make itself accountable visiting door to door, village to village, interacting with people to people to understand the implementation of previous policies, to understand grievances /demands of the public at large and to collect data/information pertaining to the Interests of policy makers and critics. There are many issues that are addressed on spot including water scarcity, appointment of teachers in government schools, and payment of bonuses. There are some miscellaneous infrastructural issues like road connectivity, education and health   that are taken into consideration within a nick of time.  This step creates a sense of trust among people that their elected representatives are concerned about them and their development. It has also by far enhanced government responsiveness by cutting on time required for redressal of grievances. It is, therefore, undoubtedly clear that the government has initiated an outstanding program to keep a watch on developmental activities and ensure implementations in a time bound manner.

Having said that, the Lok Suraj abhiyan is oftenly crticised for being ineffective in practicality. There are cases where villagers have abducted government officials. In many villages the issues raised in previous Lok Suraj abhiyan are pending and haven’t taken into consideration yet. In some places, villagers have started boycotting the Suraj abhiyan as they feel that the officials are here to collect personal data and it’s another way to play politics. It is also a matter of complain that the government officials have failed to keep a record of applications that were submitted in the abhiyan. There are many policies to monitor the implementation of schemes like Gram Suraj, Bharat Uday but such policies should be improved with the passage of time to serve the very purpose of development. In conclusion one can certainly say that the State of Chhattisgarh has adequate resources to decentralize governance in the State. And if one analyses the arithmetic of Gram Suraj Abhiyan, he can carve out the algebra of benefit, geometry of politics and addition of participatory democracy. Gram Suraj Abhiyan is nonetheless exceptional; it should, albeit, not be an exception.

Meanwhile we can and must say, ‘Jai Johar, Jai Chhattisgarh’.

Author: Jinendra Parakh

[The author is pursuing BA. LL.B. (Hons.) from Hidayatullah National Law University, Raipur, Chhattisgarh.]

You can reach author at: jinendra.hnlu@gmail.com