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P 01
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me/TheHindu_Zone_official
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The democratic mandate in Delhi
India is fortunate that its courts have not had to resort to the doctrine of necessity
ed its Constitution in 1950, Pakis constitutional coups. Cutting to Justice Ashok Bhushan while
tan had not succeeded in framing the heart of all the political and broadly concurring with the other
E
veryone is entitled to presumptions of the guilt or
innocence of a convict. And this applies equally Mohammed dismissed Prime Mi of power that sought to operate in nistration of Delhi. The communi
“N
ations fail when institu nister Nazimuddin, resorting to re constitutional interstices, at the in cation of all decisions is necessary
to those who hold high public office as it does to
tions of governance fail. serve powers under the colonial stance of an inimical central go to enable him to go through the
ordinary citizens. But it is one thing for Jayant Sinha,
RAJEEV BHATT
The working of a demo scheme of the Government of In vernment. proposals and decisions so as to
Union Minister of State for Civil Aviation, to have se cratic institution is impacted by dia Act of 1935. When the Consti The majority judgment of Chief enable him to exercise the powers
rious reservations about the verdict of the fast track the statesmanship (or the lack of tuent Assembly of Pakistan sought Justice Dipak Misra says: “There is as conceded to him under 1991 Act
court in Jharkhand that convicted, and sentenced, a it) shown by those in whom the to limit the Governor General’s no room for absolutism. There is and Rules 1993… the purpose of
bunch of people to life imprisonment in a cow vigilan electorate vests the trust to gov powers, he dismissed the Assemb vernors of Delhi, seemed to play no space for anarchy… Ours is a communication is not to obtain his
tism case. It is quite another to felicitate those convict ern,” writes Justice D.Y. Chandra ly in 1954. Governor General. They overruled parliamentary form of govern concurrence….”
chud in his concurrence to the Su The Assembly petitioned the the elected government of Arvind ment guided by the principle of Three and a half years of a five
ed merely because they were let out on bail by the
preme Court’s judgment in Sindh High Court, which ruled in Kejriwal (himself another former collective responsibility of the Ca year term have been lost in a con
Jharkhand High Court. A release on bail, as Mr. Sinha Government of NCT of Delhi v. Un- its favour, but the decision was bureaucrat) on almost every issue binet. The Cabinet owes a duty to stitutional wrangle, caused as
surely knows, is not an acquittal. The eight garlanded ion of India. A story from across overruled by a split decision in the of administration. They relied on a wards the legislature for every ac much by the bureaucracy as by the
men he posed with for celebratory photos are still con the border illustrates precisely Pakistan Supreme Court by a proviso to Article 239AA of the tion taken in any of the Ministries politicians. Apart from administra
victs, who were tried in a case in which a meat trader what the judge means. bench headed by Chief Justice Mu Constitution, which provides that and every individual Minister is tion, what has suffered is the repu
was savagely beaten to death on suspicion of transport hammad Munir. Justice Munir had “in the case of difference of opi responsible for every act of the Mi tation of the bureaucracy for im
ing beef. That a Central Minister could have hobnobbed A cautionary tale held that it was necessary to go nion between the Lieutenant Go nistry… This principle of collective partial, apolitical governance.
The Indian company Mahindra & beyond the constitution to the vernor and his Ministers on any responsibility is of immense signif Bureaucrats have picked sides in
in such a public fashion with those convicted of murder
Mahindra is today wellknown for common law, to general legal max matter, the Lieutenant Governor icance in the context of ‘aid and the political battle and have lost, in
is inexcusable. As a lawmaker, he ought to have known its rugged vehicles. The enterprise ims, and to English historical pre shall refer it to the President for advice’. If a well deliberated legiti court and in public esteem. Admi
that doing so would raise inevitable questions in the pu began when two brothers with en cedent. He had relied on Bracton’s decision and act according to the mate decision of the Council of Mi nistrative paralysis has been used
blic mind about his commitment to the rule of law and gineering backgrounds and bu maxim, “that which is otherwise decision given thereon by the Pre nisters is not given effect to due to for political chokeholds.
his lack of faith in the criminal justice system. In doing reaucratic careers quit to form a not lawful is made lawful by sident and pending such decision an attitude to differ on the part of
what he did, he allowed his personal beliefs to trump company to manufacture the necessity”. it shall be competent for the Lieu the Lieutenant Governor, then the A telling pun
his public responsibilities. Mr. Sinha has declared that American Willys jeep on license in An appointed Governor General tenant Governor in any case concept of collective responsibili I leave you with one last story of
he is against any kind of vigilantism and all forms of vio India. That jeep has had several thus effectively became the ruler where the matter, in his opinion, is ty would stand negated.” Pakistan. In 1958 the President res
avatars and its descendants, the of Pakistan. Ghulam Muhammed so urgent that it is necessary for Justice Chandrachud in his con ponded to a state of political chaos
lence. His defence for his grave lapse lies in a fine dis
Scorpios and the XUVs, still rule however fell ill, and appointed him to take immediate action, to currence holds that, “In a cabinet by declaring martial law, and call
tinction. He believes there is a difference between the Indian roads. The company ho another former bureaucrat, Iskan take such action or to give such di form of government, the substan ing out the army. A section of the
eight who were let out on bail and some others who wever began as Mahindra and Mo der Mirza, as acting Governor Gen rection in the matter as he deems tive power of decision making public punned on the term ‘mar
participated in the murderous assault. While it is true hammed. eral. In 1955 Mirza dismissed Ghu necessary.” vests in the Council of Ministers tial law’, saying, “Pakistan mein ab
that the group of eight was released from prison on the The Mohammed in question lam Muhammed, to become with the Chief Minister as its head. toh mashallah ho gaya (by the
ground that the available visual evidence showed them was Sir Malik Ghulam Mu Governor General himself. Later Sealed by the court The aid and advice provision con grace of God, things in Pakistan
only as onlookers as opposed to assaulters, the Jhark hammed. A chartered accountant when Pakistan’s Constitution was Thus in almost all administrative tained in the substantive part of are well now).” We in India are for
who looked after the financial side finally adopted in 1956, Mirza be matters of consequence, the Lieu Article 239AA(4) recognises this tunate that our courts have not
hand High Court’s order is not a proclamation of inno
of the enterprise, he was formerly came President. In 1958 he was tenant Governor acted as though principle. When the Lieutenant had to resort to the doctrine of ne
cence. This depends on the outcome of the appeal — a civil servant of the Indian Rail overthrown by his own hand he was the final word and that it Governor acts on the basis of the cessity. Our politicians and bu
something that Mr. Sinha did not care to wait for. way Accounts Service. After Parti picked army commander, General was not necessary for him to seek aid and advise of the Council of Mi reaucrats may have in this in
From the string of statements he made on social me tion he left the company for Pakis Ayub Khan. When martial law was the aid and advice of the elected nisters, this recognises that real stance failed, but the Supreme
dia, it is far from clear whether Mr. Sinha has so much tan and became its first Finance challenged in the Supreme Court government. A government for 20 decisionmaking authority in a de Court has, for the moment, deli
as paused to consider, leave alone care about, what the Minister under Liaquat Ali Khan. in 1958, the doctrine of necessity million residents of Delhi was told mocratic form of government vered us from mischief. Amen to
eight were doing at the scene of the crime. This streng When Liaquat was assassinated, was again used to repel the chal that it could not govern if the Lieu vests in the executive. Even when that, and may our quasifederal
Pakistan’s Governor General, Kha lenge. Judicial interpretation thus tenant Governor chose to not let the Lieutenant Governor makes a Union long endure as a democrat
thens the charge that narrow political considerations,
waja Nazimuddin, became Prime made necessity the mother of mar them govern. Last week’s Su reference to the President under ic polity.
as opposed to a presumed miscarriage of justice, played Minister and Mohammed, Pakis tial law. preme Court judgment in the Go- the terms of the proviso, he has to
a role in his action — to first champion their innocence tan’s next Governor General. In recent times, Najeeb Jung vernment of the NCT of Delhi has fi abide by the decision which is ar Sanjay Hegde is a senior advocate of the
and then to celebrate their release. His clarifications Unlike India, which had adopt and Anil Baijal, as Lieutenant Go nally put an end to such rived at by the President.” Supreme Court
notwithstanding, Mr. Sinha has lent the impression he
The tree as an urban coordinate
has been guided by the political exigencies that prevail
in his Hazaribagh Lok Sabha constituency, where the
murder took place. Wittingly or unwittingly, he has
opened himself up to the charge that he is indulging
cow vigilantism and taking sides on the basis of the par
A mature tree creates a sense of civilisation in a way that a manicured green belt cannot
ty affiliation of the convicts. One of the convicts, Nitya tional park. Yet for urban activists they are. They argue that the age ised trees such as neem, banyan,
nand Mahto, is a local leader of the BJP, and is known to protesting for their trees to be and very place of the tree is an im peepal, semal, arjuna, and siris.
Mr. Sinha. For him to claim he did nothing more than saved, the fight is for the tree they portant fulcrum for their activism. These large, old trees have be
can see near their front porch; not In a sense then, a mature tree come markers for Delhi. Yet, sev
wish the eight well when they came to see him on their
one that has been marked for tran creates a sense of civilisation. eral new constructions in the cities
release on bail is neither convincing nor acceptable. splantation in unreachable parts belie these values even though
Neha Sinha of the city. For them, it is the tree Shared habitat they look green or have green
that situates a particular part of As India moves towards more ur belts. Buildings with basements
VIVEK BENDRE
T
he ongoing protests in some ble part of the integrity of the land more as shared habitats between shallow beds which would not
The U.S.China trade war is on; unless saner of India’s largest cities (these scape. humans and biodiversity, rather withstand deeprooted, native
include Delhi and Mumbai) than a jungle of buildings? The trees. In sum, many new apart
counsel prevails, it will affect others too to save natural and not built enti Trees outside a forest Forests and Climate Change Pra question, even if not consciously ment complexes have green belts
ties — trees in urban spaces (see It is well known that forests are in kash Javadekar once remarked faced through planning strategies, that do very little for biodiversity
T
he trade wars have finally begun. After exchang
ing several threats over the last few months, both picture) — are remarkable, even valuable as ecological entities. The that diversion of forest should be will need to be tackled in one form or the ecological idea of greenery.
though we understand that cities UN’s REDD, or Reducing Emis seen as ‘reforestation’. As far as or the other as cities become pro Thus the fight for Delhi’s trees is
the United States and China implemented a tariff
are centres of construction; spaces sions from Deforestation and For the issue of trees outside forest gressively more unliveable. With also a fight for the right kind of
of 25% on imports worth $34 billion last Friday. This curated and created mainly by the est Degradation in Developing areas is concerned — city trees — its yearround hazardous air quali species to be allowed to grow to
marks the official beginning of what China dubs as “the human hand. Countries, programme lays em the situation is much worse. ty and an increase in cars and in the right size; this flies in the face
biggest trade war in economic history”. While this Hundreds of Delhi residents phasis on planting and maintain Trees in cities usually come un habitants, Delhi is a tough city to of quickly manicured or manufac
trade war is far from the biggest the world has seen, it took to the streets in protest ing forests as a means to counter der State Tree Acts; they can have live in. Trees in Delhi do not just tured ‘green belts’. It outlines a
has the potential to cause some significant damage to against a plan to have 14,000 trees climate change. In India, forests variable descriptions. In Delhi, for purify the air; they are also visual struggle for cities which have a ci
the world economy. U.S. President Donald Trump, who cut for the “redevelopment” of go are governed under the Forest example, these are usually avenue relief. vilisation of shared meaning and
vernment colonies in South Delhi. (Conservation) Act, 1980, State or colony trees. In the case of Aa The fact that cities need open relationships between people and
began the year by imposing tariffs on imported solar
In Mumbai, citizens have been laws, and the Indian Forest Act, rey, it is a green belt or green spaces and greenery is clear from nature. And clearly this relation
panels and washing machines, has vowed to possibly fighting for years to save over 1927, which lay down elaborate patch. The monikers of ‘green the number of people crowding ship comes through size, age and
tax all Chinese imports into the U.S., which last year ad 2,000 trees in Aarey, slated to be rules for the conservation and di belts’ or ‘green cover’ suggest a parks, be it Central Park in New the tree as an optic for a lived, na
ded up to a little over $500 billion. Mr. Trump’s tariffs felled for another kind of develop version of forests. Despite this, for transferable quality in manage York or Lodhi Gardens in New Del tive habitat for birds and wildlife.
against China will likely resonate with voters who be ment — to make way for a metro ests are the first targets when it ment — that the city would not be hi. The earlier wave of tree planta Urban biodiversity then can be its
lieve in his “America First” campaign and perceive the line car shed. comes to projects such as mining, worse off if another tree or green tion in Delhi which included Saro own form of civilisation — one that
trade deficit with China as a loss to the U.S. economy. The idea of an urban tree, one dams, highways, industrial pro belt comes up elsewhere, as long jini Nagar, Nauroji Nagar, and our air as well as our urban identi
that is outside of a lush forest, jects and so on, to be offset by as it is green. Therefore, it is im Netaji Nagar, marked for redeve ty needs desperately.
China, not surprisingly, has responded by targeting
does not resonate ecologically as compensatory afforestation. portant that urban citizens are lopment, have trees beneficial for
American exports like soybean and automobiles, a much as a forest or a ‘pristine’ na Former Minister of Environment, fighting to keep city trees where biodiversity — native and natural Neha Sinha is a wildlife conservationist
move that could cause job losses in American states
that accommodate Mr. Trump’s voter base. Other major
U.S. trading partners such as the European Union, Mex LETTERS TO THE EDITOR Letters emailed to letters@thehindu.co.in must carry the full postal address and the full name or the name with initials.
ico, and Canada have also slapped retaliatory tariffs on
various U.S. goods. Controversial Minister has chosen not to unable to manage their Letter writing aided our their fading memory to Stunned, at Wimbledon
In a globalised world, no country can hope to impose Nothing can be more act against such party board examinations and thinking skills and sharpened recollect the past. The difficulty of a highly
tariffs without affecting its own economic interests. bewildering than having a members, which only these entrance examinations our communication. It is sad S. Rajagopalan, ranked player playing a
Harvardeducated Union strengthens the perception simultaneously. It will also that the digital world is Chennai relatively unknown
Apart from disadvantaging its consumers, who will
Minister to claim that by that there is something give more space for the slowly obfuscating the opponent is that the latter
have to pay higher prices for certain goods, tariffs will welcoming those convicted hidden in his silence. Central Board of Secondary importance of letter writing. ■ Living in a digital era, we has nothing to lose and
also disrupt the supply chain of producers who rely on in a case of lynching, he, S.K. Choudhury, Education to improve its The joy of waiting for and seem to think that everything to gain (‘Sport’
foreign imports. So both the U.S. and China, which have the Minister, was only Bengaluru standards. Involving the NTA receiving post cards and smartphones and the page, “Hsieh casts spell on
blamed each other for the ongoing trade war, are doing “honouring the due process will help ensure that the inland letters and reading Internet have replaced Halep, causes biggest shock
no good to their own economic fortunes by engaging in of law” (“Honoured legal ■ Whether the BJP likes it or examinations are conducted their contents have become a popular and longstanding of the day”, July 8). With no
this titfortat tariff battle. The minutes of the U.S. Fed process: Jayant Sinha”, July not, it is already on the back in a fair manner (“JEE thing of the past (“Post cards means of communication. expectation to win, there is
eral Reserve June policy meeting show that economic 8). The killing of a Muslim foot as far as incidents of (Mains), NEET to be held still around, but nothing to But we seem to be wrong, as no pressure on such
trader was barbaric. The lynching are concerned. Mr. twice a year”, July 8). write home about”, July 8). the humble yellow post card opponents whereas an
uncertainty due to the trade war is already affecting
Minister’s defence of his Sinha’s despicable gesture Asif Ali, R. Sridharan, and the blue inland letter established player needs to
private investment in the U.S., with many investors de own reprehensible conduct has put not only him but also Roorkee, Uttarakhand Chennai paper still hold their own. win and move on to the next
ciding to scale back or delay their investment plans. is even more condemnable. the BJP in a tight spot. He has There is still a demand for round. When seeded players
China, which is fighting an economic slowdown, will be The Jharkhand High Court given the Opposition enough Humble postcard ■ That the post card is fast post cards and inland letters make an unexpected exit, it
equally affected. The ongoing trade war also threatens has only suspended their ammunition to attack the Oldtimers will recall the disappearing is a big loss in rural India. is not as though they have
the rulesbased global trade order which has managed sentence while granting the government with. It is time eminence the Post and from an aesthetic and Both are brilliant tools of played below their potential;
to amicably handle trade disputes between countries men bail. In the eyes of the the BJP takes firm steps Telegraphs Department once emotional point of view. communication and help it is because the carefree
law, they continue to be before the ground beneath occupied in the Nothing can equal a one recall the whole system opponent had played with
for decades. It could also isolate the U.S., which has re
guilty. its feet slips away. communication network. handwritten letter. Recently, of communication built unrestricted freedom which
fused to settle differences through serious negotiations, It is unfortunate that there N. Mahadevan, Heavy postal bags being while looking for old records around them — iconic red sometimes clicks. The only
as other global economies strike trade deals on their are a few members of the Chennai handled by the Railway Mail I came across a post card postboxes that were once way for the favourites to win
own. In March, for instance, 11 AsiaPacific countries ruling party who have Service on platforms were a written by my father decades close to our hearts and stood is to ensure that they take the
went ahead to sign a transPacific trade deal while leav indicated their support for Big change common sight. It was a time ago that reflected his majestically at the entrance bull by the horns without
ing out the U.S., which had pulled out of the TransPac hate speech and express The government’s decision when people took pride in affection and concern. to many a street. A hand waiting for the opponent to
ific Partnership in early 2017. If global trade tensions solidarity with those who to entrust the National writing. Though mobile post Though I am old, it instantly written post card or inland commit mistakes. Simona
have been accused of Testing Agency with offices may have been brought tears to my eyes. letter not only helps one Halep paid a price for not
continue to simmer, however, it may not be too long be
lynching. These are clear conducting the Joint revived, the fact is that very The current generation does develop a special bonding doing this and it is as simple
fore countries resort to other destructive measures signs of the kind of vicious Entrance Examination few people buy letter forms not know what it is missing. with others, but such a form as that.
such as devaluing their currencies to support domestic polarising the BJP may be (Mains) and NEET twice a and post cards. The might of In their twilight years, they can be preserved for years V. Lakshmanan,
exporters. The world economy, which is on a slow path preparing us for in the year is a move that will leave the postal department has will only have an empty for nostalgia. Tirupur, Tamil Nadu
CM A ND-NDE
YK