14. Dr. MANMOHAN SINGH AND Mrs. SONIA GANDHI

14

Mrs. SONIA GANDHI

Congress President Mrs. Sonia Gandhi, on 22 May 2004, congratulated Prime Minister Manmohan Singh for providing “dignified and effective leadership” to the government and for enhancing India’s prestige abroad. She added that his government was a responsive one and its actions were louder than the words.

The media gave great publicity to her words.

(To be continued)

13. PRIME MINISTER MANMOHAN SINGH AND PARLIAMENT

13

THE PARLIAMENT

         The Lower House of the Parliament - called Lok Sabha - adopted the Right to Information Bill on 12 May 2005.

        If someone thinks that something exists, he can – based on the above Act – seek more pieces of information. This would help solve the personal problems of a person.

        If he does not know the existence of something, he cannot seek anything.

       Thus, this Act deceives the people in the pretext of transparency. In fact, the industrial houses removed public money with easy after the enactment of this Act.

(To be continued)

12. PRIME MINISTER MANMOHAN SINGH AND THE OPPOSITION PARTIES

12.

THE OPPOSITION PARTIES

      The Communist Party of India (M) (CPI-M), in May 2005, demanded the Government to revoke the sale of the public sector hotels belonging to the Indian Tourism Development Corporation (ITDC). Thus, for the first time, the CPI (M) demanded the Government to take back a privatized Public Sector Undertaking (PSU).

     To the utter surprise of everyone, the Bharathiya Janata Party (BJP) –the principal opposition party- on 16 May 2005, said that the party favoured an inquiry into the sale of the ITDC hotels.

On the same day, BJP leader Mr. L.K. Advani expressed the readiness of the BJP to support the Government on any reform vital for India’s economic progress. He asked the Prime Minister not to depend on the Left parties for this. Thus, he exhorted Prime Minister Dr. Manmohan Singh to go ahead with his plan to give Re.3 lakh crore in the Provident Fund (PF) to private parties..

On 5 June 2005 the CPI and the CPI (M) opposed the proposed disinvestments in the BHEL.

(To be continued)

11. Dr. MANMOHAN SINGH AND THE SUPREME COURT OF INDIA

11

THE SUPREME COURT OF INDIA

1.In a significant ruling, a five-Judge Constitution Bench of the Supreme Court of India, on 5 May 2005, held that erring companies are liable for criminal prosecution and could be punished with imposition of fine for fraud and financial irregularities. However, the Bench said that only fine could be imposed on the companies, as imprisonment could not be awarded to a company. The reason given is that the companies are only juristic and not natural persons.

      The majority view held “the law equally applies to actual and juristic persons. The law does not grant blanket immunity to companies if found guilty of offences”.  

    A judge in his concurring judgement said that in view of the large-scale financial irregularities witnessed in the country and its bad effects on the country’s economy as well on the society, it was necessary that companies should also face prosecution along with those who committed the offences.

     Two learned judges differed with the majority.

It must be noted that the court quite unequivocally admitted the large-scale financial irregularities that had taken place in India.

       The High Court, Delhi quashed all charges against three Hinduja brothers in the Bofors case. The Court said that the CBI failed to produce original documents. The Court deplored that the exchequer had to spend 240 crore in the 64 crore pay off case and thereby tarnishing the image of political leaders for more than 20 years.

      In the meantime there were reports that the National Judicial Academy decided to conduct a three-day refresher course to the learned judges of the Supreme Court.

The Supreme Court Bench comprising Justice Y.K.Sabharwal, Justice D.M. Dharmadhikari and Justice B.N.Krishna on 19 July 2005 cancelled 81 petrol pump allotments that were granted on extraneous considerations.  The enquiry committee headed by Justice S.C.Agarwal had identified these companies as tainted. Thus, the Supreme Court cancelled the allotments made by the NDA Government to its kith & kin. Now Reliance Industries alone is permitted to allot 5000 petrol pumps to its kith & kin and the Supreme Court sits as if it is immune to environmental changes. Does anything in the Constitution- Liberty, Equality or Fraternity- justify it?

On 24 July 2005, Justice Markandey Katju, Chief Justice of High Court, Madras, said, “The people have the right to criticize judges because they are supreme. They are our masters and as masters, they have the right to criticize their servants. They have the right to take the judges to task if they do not discharge their duties properly”. The Chief Justice said this recognizing himself as the master of people.

10. Good-bye to Privatization?

10

GOOD-BYE

TO THE

 POLICY OF PRIVATIZATION?

The Union Cabinet on 2 May 2005 cancelled all privatization plans.

 The Government had earlier decided to sell the shares of many Public Sector Undertakings (PSUs) after retaining 51% shares and management control.

Thus, National Aluminium Company (Nalco), Shipping Corporation of India (SCI), Hindustan Petroleum Corporation Limited (HPCL), State Trading Corporation, Engineers India, Palma Larry, National Fertilizers, Rastria Chemicals & Fertilizers, Manganese Ore India, Sponge Iron India, National Building Construction, Engineering Projects India, Hindustan Paper Corporation and the public sector banks got instant life.

 Mr. S.S. Palanimanikam, the Minister of State for Finance, announced it in the Parliament on 3 May 2005.

The Union Cabinet did not revoke the above decision to the knowledge of the people.

Yet, Mumbai and Delhi airports were privatized in 2006.

Other PSUs escaped privatization. However - after a pause -the government started selling 5 to 10 per cent shares of a few randomly selected PSUs occasionally.