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Showing posts with label Subramanian Swamy. Show all posts
Showing posts with label Subramanian Swamy. Show all posts

21 June, 2016

A miracle maker bows out

BRP Bhaskar
Gulf Today

With Raghuram Rajan, Governor of the Reserve Bank of India, who provided a calm environment for the economy through skilful management of monetary policy, quitting in September, the path is clear for the Narendra Modi administration to bring another autonomous institution under its heel.

The rupee was falling against the dollar and inflation was ruling high when the Manmohan Singh government picked Rajan to head the RBI in 2013. He steadied the rupee and brought down retail inflation.

The rupee’s movement against the dollar was held in the narrow range of 66.02 to 67.09. The inflation rate was brought down from 10.5% to about 5% in two years. In the past year it has moved up but still remains below 6%.

Rajan worked the miracle mainly by using the RBI’s right to fix interest rates. Initially he raised the repo rate (rate at which the central bank lends money to commercial banks) and reverse repo rate (rate at which the central bank borrows from commercial banks), against the wishes of the government. After stabilising the monetary system, he reduced the interest rates, but not to the extent the government desired.

In the favourable atmosphere he created the GDP grew from 5.6% in 2012-13 to 7.6% in 2015-16, foreign exchange reserves rose from $275 billion to 363 billion and the current account deficit fell from 4.8% in 2013 to 1.1% last year.

Rajan is credited with having forecast the ongoing global financial crisis three years in advance. Speaking at a function to honour outgoing US Federal Reserve Chairman Alan Greenspan he had said a disaster was ahead. Recalling his words, IMF chief Christine Lagarde said last year, “The world should have listened to him.”

Economists and financial analysts say the effect of Rajan’s departure will be felt in the years ahead. However, he disapproves of personalisation of the office and says the RBI will survive any governor.

A product of the Indian Institute of Technology, Delhi, the Indian Institute of Management, Ahmedabad, and the Massachusetts Institute of Technology, USA, Rajan served as Professor at MIT’s Sloan School of Management and Chief Economist at the International Monetary Fund before returning to India in 2007 to head a committee on financial sector reforms. He later became Chief Economic Advisor to the Government.

At the RBI, he was often at loggerheads with the government as it kept pressing him to lower interest rates to raise the growth rate. He resisted, pointing to the high fiscal deficit and possible price rise. After the change of government, the pressure on him increased as Modi was in a hurry to push up the growth rate and usher in the good days he had promised in his campaign speeches. Rajan started relenting but the quantum of rate cut always remained below the government’s expectations.

The government responded by attempting to tamper with the RBI’s autonomy. It proposed the creation of an independent debt management office. As Rajan objected, the move was dropped.

The government then planned to transfer part of the power to regulate the bond market from the RBI to the Securities and Exchange Board of India. The SEBI’s opposition forced the government to drop that too.

Thereafter the government sought to reduce the RBI to the level of certain other financial sector regulators. The RBI’s protests resulted in stalling of the proposed changes.

The Establishment’s unhappiness with Rajan came into the open when Bharatiya Janata Party leader Subramanian Swamy called for his removal a few months ago. He was believed to be acting at the instance of the Rashtriya Swayamsevak Sangh, the power behind the Modi government.

The RSS, which is quite innocent of monetary policy, was apparently incensed by his remarks on the growing intolerance after the lynching of a Muslim at Dadri in Uttar Pradesh for allegedly eating beef. “Tolerance and mutual respect are necessary to improve the environment for ideas, and physical harm or verbal contempt for any group should not be allowed,” he had said in a convocation address at IIT Delhi.

The government, which habitually hypes its record, was peeved with his comparison of the Indian economy to the fabled one-eyed king of the land of the blind.

When the government constituted a search committee to find a candidate to fill the vacancy that will arise when Rajan’s tenure ends it became a clear indication that he would not get an extension. In a note to RBI staff last week he announced his decision to return to academia when his current term ends.

“My ultimate home is in the realm of ideas,” Rajan said in that note. Such a man is, no doubt, a misfit in an administration which delights in surrounding itself with mediocrities.

As Rajan takes the bow some of the tasks he began remain unfinished. One of them is cleaning up of the balance sheets of public sector banks that are weighed down by bad debts, a process he had described as a deep surgery. Another is the formulation of a monetary policy framework. -- Gulf Today, Sharjah, June 21, 2016.

17 May, 2016

Criminal defamation — No respite

BRP Bhaskar
Gulf Today

India’s Supreme Court, which has occasionally used its wide powers to improve upon outdated laws, last week let go an opportunity to revise the colonial defamation law in tune with democratic ideals.

Defamation is actionable under both civil and criminal law. The Indian Penal Code, which makes it a criminal offence, was drafted by legendary British historian and politician Thomas Babington Macaulay and came into force in 1860. Its relevant provisions are based on the law then prevailing in Britain, which aimed at protecting the reputations of the supporters of the Establishment.

The IPC underwent changes 40 times during 87 years of British rule and 36 times more in the 68 years since then. Its basic approach towards defamation, however, remains unchanged.

It prescribes a jail term of up to two years for criminal defamation.

Historically, law has recognised two kinds of defamation: slander, or defamation committed by the spoken word, and libel, or defamation committed by the written word. In the feudal era, slander of the nobility was an offence akin to treason in Europe and could invite the death penalty. After India gained freedom, political leaders virtually converted themselves into a new feudal ruling class and they have been unwilling to do away with the defamation provision of the colonial period.

Human rights organisations have been asking governments to abolish criminal defamation as it intimidates citizens and dissuades them from exposing wrongdoing by people in high places. UN bodies have endorsed the demand.

In the United States, a defamation case will stand only if the complainant is able to establish that the impugned statement is false and was made negligently or with malice and its publication has caused him material harm. If the complainant is a public figure, the standard of malice must be met strictly. Expression of an opinion is not considered defamation.

To circumvent the tough conditions set by the US law, influential Americans, especially corporates, started seeking legal remedy in Britain, leading to what was called ‘libel tourism’. The UK responded by revamping its defamation law. The new law, which came into force two years ago, requires complainants to show actual or probable serious harm.

Britain has now taken seditious, blasphemous and defamatory libel out of criminal law. In India all these forms of libel remain intact and are slapped on those who meet with the disapproval of powerful political or religious interests.

Gandhi and BG Tilak were among the nationalist leaders whom the British charged with sedition. Few cases of sedition have succeeded since Independence but governments take delight in flinging the charge to harass opponents. Some student leaders of the Jawaharlal Nehru University in Delhi are currently facing sedition charges.

The state, bound by the constitutional principle of secularism, has desisted from resort to the blasphemy provision of the law but religious elements have been invoking it to intimidate critics. The celebrated artist MF Hussain fled to Dubai and spent his last years there as Hindutva elements who felt offended by his depiction of some Hindu goddesses filed a few thousand cases all across the country even after the highest courts ruled that the paintings were artistic representations and should be judged as such.

Sanal Edamaruku, President of the Indian Rationalist Association, has been living in exile in Finland since 2012 as the Catholic Archdiocese of Mumbai, angered by his busting of a claimed miracle in a church, filed a blasphemy case against him.

The Supreme Court examined the issue of criminal defamation on the basis of petitions filed, among others, by Congress Vice-President Rahul Gandhi, Delhi Chief Minister and Aam Admi Party leader Arvind Kejriwal and Bharatiya Janata Party MP Subramanian Swamy, all of whom are facing criminal defamation charges.

The Central government argued that criminal defamation must stay as cases took years to conclude and citizens would not be able to pay damages for civil defamation. Surely these problems can be overcome by speeding up trials and awarding affordable damages.

Yet the court endorsed the government’s arguments. It held the law did not have a chilling effect on free speech.

The court betrayed a confused approach in observing that freedom of speech and expression was the first condition of liberty and then declaring that free speech was not an absolute value under the Constitution. It glossed over the fact that the law, as it now stands, provides a shield to public servants facing serious allegations.

The judgment, given by a bench of two judges, is a big disappointment as it has failed to take defamation out of the feudal context. Considering the serious import of the issue, a Constitution Bench should examine it at the earliest opportunity. ---Gulf Today, Sharjah, May 17, 2016