February 16, 1998

Judging Kar sevaks is the court's job, not Kalyan Singh's.

In withdrawing cases filed against kar sevaks accused of violating public order in Ayodhya in 1990, Kalyan Singh, Uttar Pradesh's chief minister, has done the Constitution a disservice. Kalyan may explain his action by saying that some of the cases -- initiated by previous governments, adversarial to his BJP -- are frivolous and only promote social animus. This is a matter for the courts to decide. The doctrine of the separation of powers cannot thrive if the executive frequently invades the judiciary's domain, prejudges cases and, essentially, seeks to be a law unto itself. Unfortunately, this is happening all too often in India. Governments are finding it politically expedient to bypass the courts and appease particular sections or individuals. Of course, the lowest of this competitive populism was reached in the '80s, when Rajiv Gandhi subverted the Supreme Court's ruling in the Shah Bano case.

If the logic of Kalyan's action is extended, it will become impossible for Nirvachan Sadan to cleanse public life of criminal elements. After all, if every case against even hardened criminals is withdrawn the moment they join the ruling party, it will be impossible to prove their guilt. This will be no better than an open-ended political version of the Voluntary Disclosure of Income Scheme. A country cannot be governed on emotion and ideology. There are systems, processes and institutions which have to be abided with. Ultimately, there is the rule of law -- the cornerstone of civilisation as we know it. Such sentiments may not be fashionable with the politicians of this age. Nevertheless, a society which violates their eternal sanctity does so at its own peril. Political mobilisation is important in any democracy, adherence to norms even more so. It is not a mere Kalyan Singh who is relevant here. Far more dangerous is the attitude which treats the law as a trifle; and to harbour this attitude is to be treacherous to India.

No Double Standards

Why do politicians welcome foreign news channel but oppose foreign publications.

It may have seemed just another corporate event graced by the prime minister. The inauguration of Star TV's 24-hour news channel was, however, an event of far greater import. In one stroke, it accelerated the flow of information into India and, simultaneously, demolished many long-standing assumptions. Long the preserve of the print media, public discourse and political propaganda are coming to occupy their place on the television screen. A paradigm shift is taking place. From Sony to Star to Zee, satellite channels have upgraded their news network. After soap operas and game shows, it is suddenly news bulletins which are in vogue. Politicians have been quick to see their chance and are using every opportunity to appear on the small screen -- irrespective of whether the channel is swadeshi or videshi.

It is amazing that the very political class which is so promiscuous in its relationship with foreign-owned television is equally intensely in consensus over shackling the print medium. Misplaced nationalism and even plain protectionism have come in the way of foreign media companies setting up shop in India or buying into local publications. Paradoxically, this policy has run parallel to one which has sought to make literature from abroad more accessible. Indians can import any foreign publication duty-free. Inexplicably, local editions of the same are prohibited and foreign investment in the Indian print media is barred. In essence, Indian readers are being denied more and inexpensive options. All this, just to keep a handful of local media barons insulated from competition. Initially, a spurious distinction was made between Indian-controlled news and universal entertainment. Now that argument is infructuous. Yet, the double standards persist. Why? Maybe someone should ask the prime minister the next time he appears on a Star TV news programme.

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