[Link] [Link] [Link]
me/TheHindu_Zone_official
EEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEE
8 EDITORIAL NOIDA/DELHI THE HINDU
FRIDAY, JUNE 1, 2018
EEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEE
What will the caretaker take care of?
The question before Pakistan is whether the caretaker PM can maintain his writ over the judiciary and the military
Polls and polarisation — for fi ve decades from 1958 to
2008, the military dominated, bar
June 2017, followed by him being
barred from public offi ce for life,
nister, Yousuf Raza Gilani, who
was eventually disqualifi ed.
ring a few short years in the early both decisions taken by the Su In the many months leading up
There is very little for the BJP to cheer in the 1970s. The judiciary had been a preme Court rather than by the to the end of the tenure of the go
latest round of by-elections, and a lot to learn constitutional ally of the military military. Mr. Sharif’s party, the Pa vernment that was elected in 2013
throughout this period, defending kistan Muslim League (Nawaz), or and to the appointment of the ca
O
f all the Lok Sabha byelections in this round, S. Akbar Zaidi the military’s need to intervene in PML(N), was expected to win retaker Prime Minister, there have
Kairana in Uttar Pradesh evoked special interest the civilian domain under a sup again in the next elections, and by been widespread accusations,
I
because of the coming together of the opposi n a country which has had posed ‘doctrine of necessity’. A ending his political career, an at most backed up with much evi
tion parties against the Bharatiya Janata Party. The can threedecadelong military dic shared vision of society and power tempt has been made to create di dence, that Pakistan’s military has
didate of the Rashtriya Lok Dal, a party with a base con tatorships, interim caretaker kept both entwined in subverting visions within the party. Moreov been undertaking prepoll rigging
sisting largely of the Jats, was a Muslim woman, governments are somewhat of a any semblance of civilian political er, numerous other measures have and electoral engineering, to en
novelty. For whenever the military agency. However, this bonhomie newspaper editorials have gone as also been taken which would sug sure that the candidates of the
Tabassum Hasan, and she won as a representative of a
takes over, it changes the pattern between the military and judiciary far as calling the Supreme Court gest that at least one ‘hidden hand’ PML(N) do not win, and that there
broadbased coalition, which included the Samajwadi and rules of political transition, changed in March 2007, when a “selfrighteous” and suggesting is involved in ensuring that certain is a hung Parliament. Moreover,
Party, the Bahujan Samaj Party and the Congress. That with the preference to transfer sitting military dictatorpresident that it is overstepping its writ of in groups and individuals do not con the press has been stifl ed, media
the RLD chose a Muslim candidate was signifi cant as power to one of its own. Yet, it is asked the CJP to resign, something terpreting the Constitution by test elections from the ticket of the houses reprimanded, and dissent
the party had suff ered an erosion in its support base af also surprising that Pakistan has that the latter refused to do. meddling in administrative and PML(N), with defections taking strangulated in what once was a
ter the Muzaff arnagar riots of 2013 involving Jats and had as many as 10 general elec The Lawyers’ Movement of political aff airs. Today, the threat place to strengthen the military es very vibrant media landscape,
Muslims. To try to win back his core constituency of Jats tions since 1970. Except for those 2007 against the pressure put by to democratic politics in Pakistan tablishment’s favourite candidate, even in the times of General Mush
with a Muslim candidate was a bold strategy, but RLD in 1970, 2008 and 2013, all the oth General Pervez Musharraf on the comes not just from the military as Imran Khan. arraf. At the end of 10 years of a de
ers have been neither free nor fair, CJP was a key catalyst in bringing it has for decades — the judiciary is Over the last few months, much mocratic government, the judici
leader Ajit Singh was encouraged not only by the pro
with the military’s imprint on back democracy to Pakistan in being perceived as being partial to evidence has emerged in the pu ary and the military are perceived
cess of rapprochement on the ground over the last few most of them. It is in the most re 2008, after nine years of yet certain individuals and institu blic domain showing that Pakis to be in cahoots with each other,
months, but also by the backing of the three major op cent of civilian transitions, follow another military dictatorship. The tions, with the Supreme Court tan’s army played an active role in ensuring the domination of both
position parties in U.P. Mr. Singh knew he needed the ing Pakistan’s longest democratic Lawyers’ Movement became one sending home two elected Prime destabilising Mr. Sharif ’s govern nonelected and unaccountable
support of all the antiBJP votes, and a Muslim candi journey, of a decade, that Pakis of the few popular movements Ministers, one for contempt of ment over the last few years. Mr. institutions over Parliament.
date must have seemed the best bet. The BJP retained tan’s seventh caretaker govern against military rule and saw the court and the other for not being a Sharif has said this was on account For a former CJP, who seems to
its core base, but this was never going to be enough in ment since 1990 takes over today, superior judiciary taking on an in sagacious and righteous Muslim. of him bringing a former Chief of have considerable respect
ostensibly for a twomonth period. dependent and, for a change, pro Following the 2007 Lawyers’ Army Staff , General Musharraf, to amongst analysts and lawyers for
western U.P. — just as it was not against the SPBSP al
democratic, position, defending Movement, the term which be trial for treason. While the military being nonpartial, heading a go
liance in Gorakhpur and Phulpur in March. The Noor Emblematic choice the electoral process against mili came popular in the public sphere and its institutions have been ac vernment for two months leading
pur Assembly byelection stayed with the same trend, Of the previous caretaker Prime tary hegemony. At a time when the with regard to the judiciary was tive in imposing severe controls on up to Pakistan’s 11th general elec
with the SP winning it back from the BJP. What should Ministers, fi ve have been politi media was coming of age as anoth ‘judicial activism’. In 2018, ‘judi the media, which many journalists tion since 1970, the key question is
worry the BJP is what this portends for the 2019 Lok cians with little following or stand er independent institution a de cial martial law’ and ‘judicial im say are far worse than those im whether a supposedly indepen
Sabha election. Instead of a communal polarisation, the ing, and one economist lent to Pa cade ago, the judiciary fi nally perialism’ have now become part posed by General ZiaulHaq in the dent individual can maintain his
BJP is faced with a political polarisation. The BJP’s very kistan by the World Bank. This is gained respect for its of Pakistan's public lexicon. 1980s, the judiciary has been seen writ over that of two institutions
the fi rst time that a retired judge of independence. to be the military’s active partner, which are hellbent on having
success in the fi rstpastthepost system appears to have
the Supreme Court — a retired Just as the military lost some of The military’s mind imposing its judicial writ where their own way. Elected govern
created the conditions for its defeat: a forced coming Chief Justice of Pakistan (CJP), no its power after 2007, the judiciary Numerous independent newspap necessary. ments have been cut down to size
together of disparate parties. With less than a year to go less — has been chosen by the pre was seen to emerge as a free and ers and research organisations, as and the bar has been lowered to
for the big election, this rainbow coalition is likely to vious leaders in Parliament to be independent force, defending the well as many journalists, have On Justice Mulk’s watch such an extent that perhaps the
stay the course. Nothing succeeds like success. the bridge between elected go Constitution. A decade later, today been talking about a process of It is against this background that a only thing the caretakers could do
In Maharashtra the results were mixed. The party vernments. The selection of a as Pakistan prepares to go to elec prepoll rigging and political engi former CJP, Nasirul Mulk, has be is to ensure that elections are held
that gave the BJP the chase in the Palghar Lok Sabha former CJP is clearly emblematic tions in a few weeks, the superior neering under way in Pakistan for come Pakistan’s caretaker Prime on time. Ensuring that they are fair
of the rise of Pakistan’s superior judiciary is being castigated for many months now, so that the re Minister. Perhaps it might not be and free may no longer be in their
seat was its own ally in government, the Shiv Sena. In
judiciary as one of the two institu overstepping its role of playing fair sults of the July 2018 election inconsequential to mention that it jurisdiction.
BhandaraGondia, the Nationalist Congress Party tions now dominating political dis and becoming a handmaiden to could bring about ‘positive results’ was when he was on the Bench of
wrested the seat from the BJP. To add to the cheer in the course and political outcomes in the military, the other dominant for the military, with no single par the Supreme Court of Pakistan in S. Akbar Zaidi is a political economist
opposition camp, the Assembly seat of PalusKadegaon Pakistan. unelected and unaccountable in ty winning an absolute majority. 2012 that proceedings for con based in Karachi. He also teaches at
was retained by the Congress. The other Lok Sabha seat Of the three institutions — the stitution. Despite the covert cen This started with the dismissal of tempt of court were initiated Columbia University in New York, and at
at stake, Nagaland, went the NDA way, and the BJP won military, judiciary and Parliament sorship imposed on the media, Nawaz Sharif as Prime Minister in against the incumbent Prime Mi the IBA in Karachi
an Assembly byelection in Uttarakhand. But elsewh
ere, the BJP and the NDA had little cause for celebra
tion. The Janata Dal (United), the BJP’s current ally in Bi
har, lost to the Rashtriya Janata Dal, signalling some
erosion in the support base of Chief Minister Nitish Ku
Settling disputes out of court
mar. To no one’s surprise, the Assembly seats in Pun
jab, Karnataka and Meghalaya went to the Congress,
Pre-litigation mediation is an important step to improve the ease of doing business
and the Left Democratic Front retained its seat in Kera
ing special commercial courts and has no authority to impose a set trying out one session of media
la. Likewise, the JMM retained its two seats in Jhark
commercial divisions to deal with tlement. The participation of the tion, when parties continued with
hand, and the Trinamool held Maheshtala. Overall, the these disputes, among others. disputants is voluntary. The terms the mediation, almost 50% of
main message from these results from diff erent parts of The ordinance stipulates that of settlement, if the parties do set those cases were settled. More
the country is far from comforting for the BJP. no suits concerning commercial tle, are decided by the parties. The strikingly, Italy has seen a drop of
disputes will be fi led under this discussions are confi dential. 3060% in the fi lings of certain ca
CHITRA NARAYAN Act unless the person fi ling the suit Mediation, and mandatory me tegories of cases covered for man
Guarding the peso exhausts the remedy of prelitiga diation specifi cally, is not new in datory mediation.
M
andatory prelitigation tion mediation. If an urgent inte India. The Arbitration and Conci Another approach to mediation
President Macri’s reformist credentials are mediation in commercial rim relief is required, this preliti liation Act, 1996, makes a settle policy has been to impose costs on
on the line as Argentina faces economic crisis disputes has been intro gation mediation can be dispensed ment arrived at through concilia pendency of cases, has adopted disputants refusing to mediate, as
duced by the recent Commercial with. However, in all other cases, tion enforceable like a court what is referred to as ‘opt out’ is done in the U.K.
A
rgentina is not alone among major emerging eco Courts, Commercial Division and the mediation is mandatory and decree. Under the Code of Civil mandatory mediation. In 2010 and
nomies in trying to weather the current run on Commercial Appellate Division of will be conducted within a period Procedure, judges can refer cases 2013, it introduced a law for preli What lies ahead
currencies due to the rallying U.S. dollar and ris High Courts (Amendment) Ordi of three months (extendable by to mediation. The Micro, Small tigation mediation. Attempts to The ordinance is an important
ing interest rates. But with a history of recurrent de nance, 2018, which amends the another two months with the con and Medium Enterprises (MSME) mediate were made mandatory for step in mainstreaming mediation,
Commercial Courts Act of 2015. sent of the parties). Any settle Development Act, 2006, man certain disputes (like partition and but it is not enough. Most disputes
faults and devaluation of the peso, Buenos Aires has
This amendment is expected to al ment arrived at through mediation dates conciliation when disputes joint ownership of property) be seek urgent orders for preserva
greater cause for concern. President Mauricio Macri, ter parties’ sense of responsibility will have the status of an arbitral arise on payments to MSMEs. fore a case was fi led in court. tion of status quo or restraint or
whose marketfriendly image ensured Argentina’s re in resolving disputes. Mandatory award on agreed terms and be en While the ordinance is an at This law reconciles the volun ders on fi ling. With such an appli
turn to the global capital markets in 2016 after a de prelitigation mediation puts the forceable like a decree of court. tempt to make parties evaluate tary nature of the process, while cation, prelitigation mediation
cade, has a special stake in ensuring that his reforms re ball in the court of the parties in Importantly, the time limits for fi l and utilise mediation, some ques mandating mediation. All dispu could eff ectively be given a goby.
main on track. Following a record sovereign debt issue volved, rather than looking at ex ing cases will pause during the tions arise. One of the advantages tants are required to attend, with There is a need for a comprehen
that year, Argentina became the second Latin American ternal agencies like courts, and time the prelitigation mediation is of mediation is its voluntary na their lawyers, one session of me sive policy on mediation, rather
urges them to engage with and re underway. ture; how does this reconcile with diation. After this session, any or than the abbreviated and discon
state after Mexico to launch a 100year maturity bond in
solve disputes. Mediation is a process of resolu the mandatory nature of prelitiga all the disputants can choose to nected steps so far. This policy
2017. The new optimistic narrative was based on the tion of disputes by the parties to tion mediation? Will a preexisting opt out of mediation and the dis would encapsulate the process,
former businessman’s commitment to reducing the fi s The meaning of mediation them. It involves discussion of the mediation agreement be en putants can proceed with their the role and professional responsi
cal defi cit, building on the prevailing reasonable ratio of The Commercial Courts Act was confl icts, moving out of the loop of forced? What will be the status of case in court. Parties who mediate bilities of mediators, the rights and
public borrowing to GDP. Nevertheless, Mr. Macri’s poll legislated to improve the enforce allegations and counterallega crossborder mediation? and settle get tax credits. obligations of parties in the pro
promise to make Argentina a “normal country” has ment of contracts, as part of im tions, and assessing where inter The outcome of this policy is cess, and the outcome of the me
been put to the test midway through his term. In early proving the ease of doing busi ests lie in resolving the disputes. The Italian case encouraging. Disputants have diation agreement. When seen in
ness. The law defi nes “commercial Options for settlement are ex Mediation policies in other coun found mediation worthwhile and the context of a deliberate and
May, the currency tumbled to a record low against the
disputes” to include regular com plored and a settlement is worked tries mandate mediations through continued with the process to wellconsidered law, mediation as
greenback, forcing the central bank to raise key interest mercial and business contracts, out through joint evaluation. The various mechanisms, with good ef wards resolution. This has result a process would be more credible
rates thrice within a week to 40% to shore it up. Mr. Ma construction contracts, sharehol process is managed by a neutral fect. They show that mandatory ed from the opportunity of under to disputants, as has happened in
cri even sought a multibillion loan from the IMF, a der agreements, licensing agree person called the mediator, who mediation does not mean a com standing the process in the the case of arbitration.
deeply sensitive move given the oncehostile relations ments, etc. The law makes chang may evaluate the disputes and pulsion to mediate and off er poli mandatory fi rst session. Italy has
with the lender and a public apprehensive about the in es for reduction of timelines, weigh in on options for settlement cy choices under the amendment. seen almost 200,000 cases going Chitra Narayan is a Chennai-based
stitution’s overall mission. The most recent crisis in La tightening processes and designat (a variant called conciliation) but Italy, which faces a high rate of in for mediation until 2017. After advocate and mediator
tin America’s third largest economy — the 200102 de
fault to the tune of $95 billion, the largest in the world — LETTERS TO THE EDITOR Letters emailed to letters@[Link] must carry the full postal address and the full name or the name with initials.
had unleashed hyperinfl ation, social unrest and politi
cal instability. When the then socialist President, Nés Probing charges the inquiry panel can be of the mob chasing the (“Tell RSS what is wrong I will save a princely sum of do not connect most
tor Kirchner, took an aggressive stance visàvis inves The decision of the board nipped in the bud. police, pelting stones at the with its ideology”, May 31). ₹ 0.25! What a cruel joke on places, thus forcing people
tors, the country was eff ectively closed from global of ICICI Bank is welcome V. Subramanian, Collectorate, and burning But I think Mr. the people of India. to take out their vehicles;
money markets for a prolonged period. Then, at the but there will always be Chennai vehicles. These are the Chidambaram is wrong in I.P.P. Prabhakara Rao, mass transport systems are
questions about the antisocial elements who saying that if he were in Mr. Secunderabad still in the planning stage;
height of its economic collapse earlier this decade, Mr.
Kirchner’s wife and successor, Cristina Fernández, lam credibility of the inquiry Rajinikanth’s comments turned a peaceful protest Mukherjee’s place, he and cars are still seen as a
panel that is being To show displeasure against into a violent one. would not have accepted We need to think of fuel status symbol. While we
pooned the hedge funds, which held out against the
constituted by the audit the government in a R. Viswanathan, the invitation. Those conservation measures. wait for the prices to come
country’s debt restructuring terms, as “vultures”. Now committee of the very peaceful manner is a Chennai opposed to the RSS’s Footpaths are either broken down, we can take some
the situation has raised questions about the sustainabil company whose CEO has constitutional right ideology should participate or have been taken over by steps to conserve fuel too.
ity of Mr. Macri’s socalled gradualist reforms, which charges levelled against her (“Continuous protests will Is Rajinikanth implying that in such programmes. Mere hawkers and bicycles; we M.V. Nagavender Rao,
(“ICICI Bank to inquire into turn T.N. into a graveyard: people should not protest antagonism and hatred will have failed to augment city Hyderabad
were dubbed neoKeynesian rather than neoliberal.
With the treasury minister recently hinting at further allegations against Rajini”, May 31). The fact at all? In a democracy, not help; debating will. buses or improve their more letters online:
fi scal tightening, there are signs of a shift in tone, if not Kochhar”, May 31). The that people in Tamil Nadu protests are an acceptable C.G. Kuriakose, condition; passenger trains [Link]/opinion/letters/
bank has to do much more have been continuously way of bringing to the Kothamangalam
the overall policy. Conversely, Mr. Macri has been pru
to regain trust. It would protesting against the government’s notice the corrections & clarifications:
dent to promise continuity with his cautious approach only be fair if a government means that problems in its proposals. If One paisa cut >>The Business page report headlined “RCom off ers Rs. 500 cr.
to regulate subsidies and to legislate tax and pension re representative from either their voice has not been society remains mute, this With the fuel price cut of to Ericsson in NCLAT” (May 30, 2018) erroneously referred to Eric
forms. The era of economic profl igacy that was sson as a Swiss telecom equipment maker. Ericsson is a Swedish
SEBI or the RBI is coopted, properly heard. Instead of will lead to a totalitarian one paisa a litre, oil
telecom equipment maker.
propped up by the commodities boom in the last de so that there are no blaming the people, regime. companies and the >The Sports page article, “‘I didn’t want to punish my body any
cade is probably history now. At the same time, no reservations on the fi ndings Rajinikanth should advise C. G. Sivakumaran, government have elevated more’” (May 31, 2018), erroneously stated that discus thrower Vi
price is too high to avert a repeat of the horrors of the of the committee. the government to listen to New Delhi the stature and value of the kas Gowda’s last competitive outing was Asian Championship in
Meanwhile, Chanda people’s concerns. longforgotten paisa and December 2017. The Asian Championship was held in July 2017.
social upheavals of more recent years. Occupying a cen
Kochhar should consider T. Anand Raj, Debate in a democracy made it a showpiece (”After It is the policy of The Hindu to correct signifi cant errors as soon as possible. Please specify
trist platform, Mr. Macri is, however, better placed than relinquishing the post of Chennai Congress leader P. 16 days of hikes, fuel prices the edition (place of publication), date and page. The Readers’ Editor’s office can be
most other politicians in the country to negotiate a path contacted by Telephone: +91-44-28418297/28576300 (11 a.m. to 5 p.m., Monday to
CEO until the inquiry panel Chidambaram’s advice for cut — by 1 paisa”, May 31). Friday); Fax: +91-44-28552963; Email:readerseditor@[Link]; Mail: Readers’
ahead to balance confl icting interests. publishes its fi ndings, so Rajinikanth’s assertion is former President Pranab Imagine, if I fi lled my car Editor, The Hindu, Kasturi Buildings, 859 & 860 Anna Salai, Chennai 600 002, India.
All communication must carry the full postal address and telephone number. No personal
that charges of infl uencing the truth. There are videos Mukherjee is reasonable tank with 25 litres of petrol, visits. The Terms of Reference for the Readers’ Editor are on [Link]
CM M ND-NDE
YK