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THE TIMES
A T H O U G H T F O R TO DAY
I

OF IDEAS

THE TIMES OF INDIA, BANGALORE FRIDAY, NOVEMBER 29, 2013

As I have said repeatedly, a strong Japan is in the best interest of India and vice versa.
SHINZO ABE

Restoring Steel In The Steel Frame

Supreme Court judgment only goes a little way in protecting civil servants from political whims
Srivatsa Krishna

Crisis Is Opportunity
With China growing assertive, New Delhi must make the most of Japanese royal visit

n a rare visit abroad, Japans emperor and empress arrive in Delhi tomorrow for a six-day visit to India. Their visit to China in 1992 heralded a sharp upswing in Japans trade and investment ties with China. Subsequent Japanese investment was to a large extent responsible for building Chinas industrial base and turning it into the worlds factory . With China now aggressively asserting its territorial claims in the East China Sea and the Japan-China relationship souring rapidly , Tokyo is feeling the need to hedge its bets in Asia. This is an opportunity New Delhi must not lose. It must persuade Tokyo to place some of its eggs in Indias basket. Ever since Japanese Prime Minister Shinzo Abe widely known as a friend of India came to power last year, New Delhi-Tokyo relations have received a fresh fillip. While India needs Japanese investments for infrastructure development, Japan needs India as part of its group of friends to offset China. Complementarities between Indias and Japans economies are enormous. Japan has capital and technology but is an ageing society. India is reaping a demographic dividend and does not lack for labour or for land that can be industrially developed. Japanese strength in miniature hardware is unrivalled, India is strong in software and services. Mostly English-speaking countries outsource IT sector work to India, while the Japanese IT sector outsources mostly to China. That could change in Indias favour if both countries make a concerted attempt. Indeed, New Delhi must make a strong pitch that intellectual property rights are protected better in India than China, which is emerging as a strategic rival of Japan. Meanwhile, if Japanese aid and expertise can be solicited for building the Delhi-Mumbai and other industrial corridors being planned in India, there will be a win-win situation for both countries as Japanese companies could subsequently set up manufacturing units there. Such economic cooperation, for which the India-Japan Comprehensive Agreement signed two years back provides the framework, can become the catalyst for Indias rise. There is significant scope for defence co-operation as well, where the two sides work together on maritime security and perhaps eventually joint development and manufacture of weapons systems. New Delhi would do well to roll out the red carpet for Emperor Akihito and Empress Michiko when they come. And place some of its strategic eggs in Tokyos basket as well.

The relationship between the democratically elected political executive and the competitively recruited permanent executive is, in a lighter vein, like the relationship between a husband and a wife. In this case who the husband is and who the wife is dynamic and keeps evolving every five years, without the slightest signs of promiscuity on either side. While unarguably representative government allows for rule by the political executive according to the law of the land, what is not appreciated by many commentators is that those who get represented are often a coterie or a select group rather than the people who elect those representatives. This in turn leads to rule of law being bypassed or inventive methods being discovered sometimes in collusion with the permanent executive to subvert institutions. Indeed while insulation from politics is not completely desirable in representative government, insulation from political interference is. Especially when political interference comes in the guise of an articulation of widely held public sentiment, when actually it might be anything but that. There is a fashionable and romantic notion that politics is about resolving competing inconveniences while bureau-

cracy is just an inconvenience. With many honourable exceptions, what happens in practice is actually quite different. More often than not in the guise of representing the many , what is articulated is the narrow need of a powerful few. It is here that the sensible civil servant must necessarily be an inconvenience, no matter how distasteful this may be. Against this backdrop the Supreme Court judgment that aims to give fixed tenure to civil servants, responding to a public interest litigation filed by former cabinet secretary TSR Subramanian and 82 retired bureaucrats, is a welcome first step, though individual

Salvaging babudom from steady decline

Tenure is indeed important. In some states officers do not even print business cards anymore for transfers happen every few months, more with an eye to demoralising officers than for any administrative reasons
civil servants already practice many of its components. For example, no good officer will ever accept an oral order and will instead record it on file and seek written confirmation, as enunciated in the All India Service Conduct Rules. The judgment only affirms and codifies this. Further, one needs to make a fundamental distinction between the obligation to dis-

obey an illegal order versus disobeying one that an officer simply does not agree with. The former is enjoined on the officer by law, as enshrined in Article 3, All India Conduct Rules, 1968. No officer is obliged to carry out written or oral illegal orders that are in direct violation of the law of the land. It is also expected that every order from a superior to a subordinate officer shall be in writing, and if oral, shall be followed up in writing soon. Tenure is indeed important. In some states officers do not even print business cards anymore for transfers happen every few months, more with an eye to demoralising officers than for any administrative reasons. Thus a Civil Service Board (CSB) is indeed welcome and it should fix what could be called a normal ten-

ure for specific positions and not for officers. It should mandate that at least 90% of the officers must complete normal tenure, unless they make a request for transfer. In every case of transfer, the board must record reasons in writing. The 90% rule gives flexibility to the government to prevent a dishonest officer from capturing a post under the guise of fixed normal tenure and move him out instead. But the jury is wide open on whether the compulsions of realpolitik will allow a CSB to be constituted and function as envisaged. The experience with police boards hasnt been very happy in this regard. Even after almost eight years not a single state government has implemented the judgment in letter and spirit.

What is worrisome about the judgment is that it appears to be encroaching on executive terrain. The counter-argument is that when the executive fails to perform its duties as embodied in the Constitution, it is necessary for the judiciary to step in. However, whether the Supreme Court can direct Parliament to frame a particular law is debatable, for it could well be construed as violative of the separation of powers. Further, Article 32 deals with fundamental rights of citizens. Whether administrative reforms, no matter how desirable they are to further public policy and citizens welfare, can be characterised as fundamental rights is highly debatable. An extension of the same argument could well be that every committee report of every government can be thrust down the throats of a recalcitrant executive, using judicial intervention. This is not just highly debatable but also to an extent dangerous. The Supreme Court judgment is a small first step in a long and arduous journey . No amount of judicial directives can provide a spine to civil servants who dont want one or didnt have one to start with. No amount of judicial pronouncements can infuse goodness and character into a politician who doesnt have it in the first place. Leadership, character, resolve, judgment, integrity and morality cannot be manufactured in courts or inside governments.
The writer is an IAS officer. Views are personal.

Operas succeed as they describe human stories that are universal

Marco Balderi is a maestro of global renown whos worked alongside stars like Luciano Pavarotti and Zubin Mehta. Visiting Delhi to conduct Indian and Italian musicians for a special performance showcasing Giuseppe Verdi during the great composers bicentennial celebrations, Balderi spoke with Vineet Gill about the point of opera in present times, what makes a bingo melody and where Verdi, Wagner and Michael Jackson fit in his score: Grand 19th century opera was born in a context of sharp national awareness and patriotism how does this find relevance in todays multicultural world? Well, Michelangelos great sculpture Pieta was made exactly for one particular church and only for people of a particular religion but its a masterpiece above all that. When we observe the Pieta, were struck by the perfection, the beauty of the thing. Thats above all. Similarly , we dont think of when and where an opera was created, we look at the beauty, elegance and balance of it. A composer may have lived at the time of war, division, nationalism, but the stories of people are universal. Human values are the same. For this reason, even today , the operas of Verdi or Puccini succeed they describe the universal sense of humanity. They were created in one historical moment but some works, like Puccinis La Boheme, which is about two young and poor students in Paris, are eternal and always contemporary well always and everywhere have young students in love without money . But opera houses around the world are criticised for museums. When that happens, they appeal only to a small part of the audience. The young start finding it boring. But i believe that in the true sense, the period of opera is historical. Today , we have the movies, for instance, which are perfect for the moment, a union of all the arts. But we have to know opera to better understand our history. And old masterpieces will always be a source for future masterpieces. Verdi himself, whose bicentennial the world celebrates, has been an inspiration for popular modern forms like film scores, jingles, even flash mobs what explains his appeal? What is the magic melody? You take different sounds, throw them together and sometimes, you go bingo! Verdis Va Panseiro is a bingo melody, a special combination of melody and words thats what makes a tune survive. You can follow one little song for six months and it becomes boring. Then theres another kind of melody , like Va Panseiro, a bingo melody it stays with you forever. Even if you dont like opera or Verdi. In the legendary battle of Verdi versus his contemporary Wagner, which side are you on? Actually , Verdi and Wagner were very good friends. The battle has more to do with fans! Verdi was an Italian traditional man, Wagner was about the new harmony and new theatre. The two never confronted each other. But my personal observation is this Wagner employs 40 minutes to describe one psychological situation. Verdi employs two minutes to do the same. Also, Wagner appeals more to the mind, Verdi to the heart.

Look Beyond Ladies

Naresh Aggarwal needs to consider new angles to sexual harassment

amajwadi Party leader Naresh Aggarwals thoughts are famously fatuous. Hes earlier supported the suspension of honest IAS officer Durga Sakthi Nagpal and remarked that Narendra Modi, once a tea-seller, couldnt aspire to be PM. Aggarwals emulation of a loose cannon is perhaps why he isnt taken seriously enough even by the Samajwadi Party which could question how with such regressive views, he supports Mulayam Singhs Yadavs leap from former wrestler to PM aspirant himself. But Aggarwals latest fatuousness is deeply objectionable for it mocks both women and the law. Following recent sexual harassment complaints female juniors have made of powerful male bosses, Aggarwals mused the misuse of new rape laws is scaring male employers from hiring women. The fear of false complaints makes male employers even avoid female secretaries who might, as theyve apparently confided in Aggarwal, shriek rape just because they feel like it. Aggarwals comments are insulting to women painting female workers as creatures of unsteady , malicious minds and the law. He doesnt seem to know the Sexual Harassment of Women at the Workplace Act 2013 outlines clear steps tackling false charges, investigating committees recommending action to employers or district officers against such complainants. Perhaps Aggarwal thinks as little of the authorities ability to distinguish frivolity from seriousness as he does of women themselves. Would he prefer a Saudi Arabia-like India, with men and women working in segregated zones? But men can also complain of men harassing them. The Vishaka guidelines oversee womens complaints who would monitor male versus male dynamics? Maybe Aggarwal could be nominated for this task. It would certainly leave him with less time to air his thoughts.

Q&A

over-emphasising the past, overlooking the present your view? It depends on directors who can make old work new by bringing this into the contemporary context. But i dont pretend opera is contemporary as such for that, its better to hear Michael Jackson. I do agree that the mentality of opera houses can be a little conservative. They become

Usurped victory
Voting and spectator sports can both give you the sweet taste of surrogate success
Jug Suraiya

I believe India needs change. Not just in its I THEY I government, but also in its SAID IT rules of governance. Change that cuts deep into our political system
SHEKHAR KAPUR, filmmaker, on the need for governance reforms

I prefer a church which is bruised, hurting and dirty because it has been out on the streets
POPE FRANCIS, head of Catholic Church, on reaching out to the poor

In the pecking order of creations without function the male necktie must occupy the number one position ahead of the human appendix
KAUSHIK BASU, chief economist to World Bank, on male fashion

ll always be grateful to Sachin. And the reason is that i was always totally useless at cricket. Of course, cricket wasnt the exception for me to be totally useless at. At school, i was also totally useless at hockey , football and ping-pong. We didnt have lacrosse or all-in wrestling at school. But if wed had them, id have been totally useless at them too. But it was cricket which i was particularly totally useless at. The first and last time i played cricket, on seeing the chap throwing a red missile at my head, with obvious homicidal intent, i took prompt refuge behind a big man in a white coat and hat. It was later explained to me that the big man in the white coat wasnt there to take refuge behind but was called The Umpire, who did the umpiring, whatever the heck that meant. And the homicidal maniac whod hurled the missile was called the bowler, and his intended target had been not my head but the three sticks behind me called wickets. I never went anywhere near a cricket pitch again. In a cricket-mad country like India this would have marked me out as not only a hopeless loser in the game of life but also an anti-patriot if not a downright traitor, a closet ISI agent who instead of rooting for Team India was probably a secret Pakistan XI fan. A fate worse than death. From which i and other duffers like me who knew zilch about cricket and couldnt play the game to save their lives was saved by Sachin. Single-handedly or single-battedly the little Master in his historymaking career turned all our individual failures into a collective surrogate success. Thats the true secret of the popularity not just of cricket but of all sport. You dont have to be good at it yourself to feel good about yourself. You feel good about yourself you feel youve achieved something by merely sitting on the sidelines and basking in the reflected glory of Sachin. Or of Leander Paes. Or Mary Kom or whichever sportsperson or sports team you choose to root for. Thats why sports fans are so passionate about the players and the teams that they back. Because the victory of the player or of the team becomes the usurped victory of their fans, who themselves dont have to do anything to earn it except sit back and cheer their champions. This holds true of the spectator sport called democracy . Elections are like sports events in which competing participants called parties vie with each other to come out tops. The voters are like sports fans who urge their chosen team be it the Congress, the BJP, AAP or whatever to victory , which by extension is supposedly a proxy victory for the voters as well if their side wins. The trouble with the spectator sport called democracy is that you can never be sure your side will win. Worse, even if your side does win, you can never be sure that your side will remain on your side after it has won. So the umpires of our game of democracy have devised an electoral side (or should it be non-side?) which ensures that whoever loses, the voter still wins by having the last word. The last word being NOTA: None Of the Above.

SACRED S PAC E
The Body Sacred

Theism As Basis Of High-End Hinduism

itage and environment. The spiritual aspect is free of all differences and so is able to help ince we believe in the Paramatma or us direct our mind towards Paramatma. Supreme energy that is beginningless Dharma, artha and kama refer to good and endless, it is clear that Hinduism deeds, material wellbeing and desire in its purest form is theistic. Theism is its respectively . But the fourth, moksha, canbasic premise. not be accurately described because it is an Some people ask: What came before the atma-anubhav an intensely personal Paramatma? Who created the Supreme ener- experience. So only the one who experiencgy? The answer is that it is something that is es moksha will know what it is like. Adi ever-present and everlasting; it has neither Shankara said that one should rise above beginning nor end; it is infinite. When some- the first three and get liberated from them thing is born, it has to die. This applies to via moksha. The moksha experience canplanets, stars, humans, animals and all other not be described. Moksha can be underthings which have a beginning. But the stood only with direct experience. An Supreme energy is all-pervasive. enlightened person who has experienced How does one access or experimoksha can try and guide a seeker ence this divine energy? The Vedas to the path that leads to moksha. show the way . The Vedas are like spirCan one transcend even the itual primers they introduce you desire for moksha? Once moksha has to the wonderful world of spiritualibeen achieved, can we seek moksha ty . Like all primers, the Vedas, too, from moksha? No, because that only help you infer the divinity would be a contradiction. For it aspect, for the experience can signals not merely the end of THE only be yours. So the verses, ritusuffering. In Hinduism moksha I SPEAKING I als, are all designed to help you refers to the simultaneous end of understand their import and suffering and the experience of TREE then move on to a higher plane of ananda or bliss what we call consciousness. Here, you draw from the wis- sat-chit-anand. It is the experience of the dom of Vedanta. Literally , the term Vedanta eternal and unchanging truth, revealing the means ved ka anth or end of the vedas. You universal limitlessness and our nature as can call vedas the part one of do-it-yourself the source of infinite peace and joy . So there spirituality and vedanta, as part two. is nothing beyond this state. This is the ultiEvery religion has three components: mate, when the atma unites with the Pararituals, cultural and spiritual aspects. matma, when the individual energy merges . Why should one There is scope for differences only in the with the Supreme energy first two. But the third, the spiritual ele- seek release from such a state? Moksha is not ment, helps us overcome conflicts arising something to be attained but it is a state to be from differences in the first two. Rituals experienced, a natural state. Moksha is not a including ceremonies relating to birth, mar- ritual like bathing or offering flowers. That riage and death are important constituents is why the Bhaja Govindam says don't look for moksha outside but search within. As of all faiths. Culture springs from the way of life, and its nature hinges a great deal on her- told to Narayani Ganesh
Kanchi Sri Jayendra Saraswathi

E D I T PAG EI MAILBOX

Teach a man to fish

This is with reference to the editorial Against The Grain' (28 Nov. If Vasundhara Raje Scindia actually made such a comment that flies in the face of both the accepted governmental practice and her own party's credo then she is bold and far-sighted indeed. The saying "Give a man a fish and you feed him for a day; teach a man to fish and you feed him for a lifetime" is one that all political parties would do well to reflect on. A true welfare state is not one that distributes freebies but one that builds capacity and generates employment. Real empowerment is creating an equitable society in which people do things for themselves and welfare, if any, is reserved only for those absolutely incapable of doing so. However, the time required to build capacity makes it an unattractive platform for votes in our political system!
Suren Abreu, MUMBAI

Our body is precious. It is our vehicle for awakening. Treat it with care. Gautama Buddha Here in this body are the sacred rivers: here are the sun and moon as well as all the pilgrimage places... I have not encountered another temple as blissful as my own body. Saraha Human beings protect the purity of manmade temples. Similarly, looking after the sanctity of this human body, a temple created by God, should become a spiritual endeavour that is of utmost importance. Rameshbhai Oza Your emotions are your inner guidance system. They alone will let you know whether you are living in an environment of biochemical health or of biochemical distress. Christiane Northrup

JUGULAR VEIN

Reform corrupt institutions

This is with reference to the article "State Of Four Estates" (Nov 28) by Dileep Padgaonkar. The writer's analysis of the four estates of our democracy brings out the sad state of affairs prevailing in our country today, which only validates the belief that our esteemed democratic institutions have become so corrupt that they runs the risk of alienating themselves from the very purposefor which they have been constituted. It's time the custodians and functionaries of these institutions tried to reform themselves and put them back on track.
B S Sarma, BANGALORE
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