English issue is a red herring

Those who should know better are currently creating a lot of confusion over the Civil Services Aptitude Test (CSAT). The findings of the committee on training and recruitment of the higher civil services, which I chaired and which produced the reforms in the early part of the last decade, were kept secret for many years. But then somebody put it up on the web and the government declassified it. So now we can speak the truth.

First, let’s have some facts. The present controversy is driven by the vested interests of the large teaching shop industry, which exploits the poor Indian families that fund the civil service aspirants. The committee I chaired had conducted a survey and found that, even in those days, that is, almost 15 years ago, an average of about Rs 1 lakh a year was spent on preparations for the exams. This cost was multiplied for repeaters. Poor children from rural backgrounds just fell by the wayside. The more affluent persisted as repeaters. It is being said that the CSAT leads to poor children from backward areas being discriminated against. In fact, the statistics show it was the earlier system that really damaged opportunities for poor children.

The furore over English is a complete red herring. The earlier system, which required candidates to write a long essay in English, was straight out of Macaulay’s dream of relegating Indians to minor babudom. The teaching shops had a great time selling model essays for cramming. But English is not our mother tongue; it is a global language for commerce and so on. So the committee’s recommendation that it should be treated as a foreign tongue and only tested as a working language upset both the Angrezi crowd and the teaching shops. Nobody has the courage to explain that fact as the netas hold forth. The Union Public Service Commission and the government must ensure that the English test remains as designed.

The committee’s findings had shown that a general knowledge test can and should test innate intelligence. Its conversations with eminent Indians, over the course of almost six months, and its detailed preparations are ignored. Tens of thousands of candidates apply for the civil services examination. Only a few hundred qualify and finally, even fewer are selected for the services. By the end of the process, the candidates chosen are among the best in the country in terms of intelligence. This intelligence or ability is not concentrated in urban areas or with candidates who follow one particular discipline. In fact, in those days, JNU students did better than IIT and IIM kids. 

The CSAT was to be structured to test capabilities, and to argue that the test is againstthe poor is humbug. If there is a question on how a mustard field can be distinguished from a paddy field, a rich, urban candidate will have no special advantage over a poor, rural candidate. The noise being generated currently is, once again, by the teaching shops, which will become redundant for such tests and by rich candidates who want to have an advantage over that poor candidate who is actually brilliant. Do not tell me that such brilliance does not exist. When I was vice chancellor of JNU, scholarship money was being cut by the government, in the name of the reform now called privatisation. We would all contribute towards the fees of that landless labourer’s daughter who had made the final thousand from the lakhs who had applied but couldn’t pay her hostel fees. \

Now, when I visit a particular district, the collector will often come to meet me. We discuss agriculture, the rains, the perniciousness of the sachivalaya. But if the collector is a JNU girl or boy, you can tell from a mile away. So it does matter where they come from.

I have the greatest respect for Parliament, for our governance systems and our democracy. But the authorities are being wrongly briefed on a matter of great importance to the Indian future. The world has great expectations from India, not only for the economic opportunities we offer but for the ideals of the freedom movement that we uphold. Let us not let them and ourselves down

First, insulate the judge from politics

The thesis of ‘committed’ judiciary has been abandoned, but its practice continues unabated. That is the real problem, writes RAM JETHMALANI.

A judge is the guardian of the small man and his bundle of rights, which enable him to realise his fullest material, moral and spiritual potential, and expand to the utmost frontiers of his body, mind and soul. No judge must aspire to harmony with the legislature and executive. Every judge must brace himself for a life of tension with both in the intelligent and stout defence of his ward, who needs constant protection against the insolence of unfeeling officials, the venality of politicians and the misdeeds of wicked neighbours and fellow citizens. Every court is essentially a court of wards; the Supreme Court has the entire citizenry as its ward. Our judges need not be sensitive to the oft-mounted attack that they are not elected and are, therefore, unaccountable and undemocratic.

This role of the judge makes one think about elected judges. But the system of elected judges has been tried elsewhere and I believe that it has produced jokes. The most instructive joke that you will find is that in a certain US state, the Democratic Party found a judge paralysed from the waist downwards and invariably, in elections, he won the sympathy vote. He triumphed in four successive elections but before the fifth, a Republican Party official said to his superior, “Sir, we have found a solution to our problem.” He asked, “What is it?” The answer: “Sir, this time we have found a judge who is paralysed from the waist upwards.” It will not work in India anyway.

Economics may have dominated the world most of the time and probably does dominate in some sense even now. But today, politics has overtaken economics in its influence. In the past few decades, all institutions, including the judiciary and of course the Bar, have struggled with the temptations of politics. Judges, like other mortals, are attracted to politics, particularly aspiring ones who consider favours from a ruling party to be stepping stones for upward mobility in the field. Usually, but not always, judges do often violate their oath of administering justice without fear or favour. Favours done have to be returned, feel some. We have therefore to evolve an effective mechanism of insulating judges against politics and involvement in political machinations of the kind that have disgraced some sections in the past not only in this country, but also elsewhere.

Politicians as a class and the executive in power must therefore have novoice in the appointment of judges. The executive is the biggest litigant in cases of citizen complaints of the oft-corrupt misuse of executive powers. Even a good judge appointed by a corrupt minister will not command public confidence. The second judges case, the origin of the present collegium system, was a correct decision, and the current system is vastly superior to the one it supplemented. It was the one that produced the tellingly sarcastic comment, “It has created two kinds of judges — those who know the law and those who know the law minister.”

South Africa, in its new constitution, adopted the model of a judicial commission as the method of selection, which has been operational since 1996. The law minister is formally consulted and he makes his comments upon the appointees or recommendees of the judiciary. The comments of the law minister are considered with respect and attention, but the final word lies with the commission. I am committed to this mechanism as our final solution. I must hasten to explain why.

I agree with the weighty opinion of my erudite friend, senior counsel Anil Divan, in his recent article in The Hindu: “The present secretive process followed by the collegium excludes public scrutiny, violates the citizen’s right to know and leads to diminishing respect for the judiciary.” Some bad appointments produced by this system are also notorious.

While corruption continues to grow like a galloping cancer in every branch of life, the judges seem to reciprocate by producing a strange jurisprudence that only protects the corrupt. The law of contempt and the difficulties of proving judicial corruption deter cautious lawyers. But the common man, not so inhibited, produces an impressive volume of popular corruption folklore.

The real decline of judicial character started in 1973. Mohan Kumaramangalam, a distinguished lawyer and politician, claimed that judicial appointments could not be made without reference to the social philosophy of the judges. The judge, being an important decision-maker, makes decisions that are bound to affect the lives of the people, and his decisions are influenced by his social philosophy. Therefore, independent India should have judges who are “committed” not only to the social philosophy of the Constitution, but also to that of the government. This was controversial. However, Indira Gandhi’s government implemented his views during the Emergency.

Though the Kumaramangalam thesis has now been abandoned, its practice continues unabated. While judges associated with the ruling establishment are invariably appointed, those having any form of association with opposition parties are scrupulously avoided. How successive chief justices, who are supposed to be totally judicial even in the discharge of their administrative function, habitually enter into convenient compromises escapes comprehension. The inevitable answer is the creation of a national judicial commission in which the judiciary, government, opposition, the Bar and academic community have an equal voice. Judges should hold office only during the pleasure of the commission. It should have the power to appoint, transfer and dismiss — of course, in accordance with procedure established by law, or whatis also known as due process. The Lokpal may well be a useful addition to the list of participants.

The 79th report of the Law Commission suggested ways to plug loopholes in the existing system of appointment of Supreme Court judges. No one should be appointed a judge of the Supreme Court unless, for a period of not less than seven years, he has snapped all affiliations with political parties and unless, during the preceding seven years, he has distinguished himself for his independence, dispassionate approach and freedom from political prejudice.

The practising Bar is the constituency of a judge. If he cannot retain its confidence, he must gracefully quit office. It is just not true that only weak and obliging judges are popular with the Bar. Members of the Bar know the black sheep on the bench. No wonder, the American Bar Association can, by its adverse criticism, make the mighty president of the US withdraw his nominees for judicial office. A lord chancellor of England admitted that if he made an unworthy appointment, he could not possibly look into the eyes of the lawyers at Bar dinners.

Budget session: Government to convene all-party meet,csat row

Stepping in to resolve the controversy over the UPSC exam format for the second time, the government Wednesday said it will convene an all-party meeting to discuss the issue and find a way out even as it made it clear that the civil services preliminary examination scheduled for August 24 cannot be postponed.

Replying to an impromptu discussion in Rajya Sabha which saw opposition parties attacking the government, MoS for Parliamentary Affairs Prakash Javadekar expressed the Centre’s inability to make any change in the format before August 24, but said the parties can sit together and discuss ways to reform the present examination pattern. The Opposition, however, was not satisfied and staged a walkout.

The opposition parties have been disrupting Parliament, especially the Upper House, over the issue with most of them demanding that the aspirants be allowed to take the exam not just in Hindi and English but other Indian languages too.

Though the views differed, broadly, the demands were for scrapping of the second paper of the civil services aptitude test and inclusion of all languages in the Eighth Schedule for the preliminary examination.

Attacking the government for announcing that the marks scored in the English language comprehension skills section should not be considered for gradation or merit, Trinamool Congress’ Derek O’ Brien said it was a knee-jerk reaction which he said has compounded the problem. “The students of regional languages have to be given an opportunity to write those preliminary papers in the regional languages,” he said.

JD(U)’s Sharad Yadav said the CSAT exam should be made qualifying with equal weightage to all Indian languages.

Many members pointed out the errors in translation from English to Hindi in the question paper. SP’s Ram Gopal Yadav in fact cited examples. He said steel plant has been translated as “lohe ka ped” and North Pole as (Uttari Khamba) in the question papers and demanded that the second question paper of CSAT should be withdrawn.

Congress’s J D Seelam said it was wrong to remove English and suggested that instead negative marking should be removed, which will take care of the language problem in CSAT.

“You have heard the views of all parties here. Whatever views you seek in an all-party meeting have already come here. So, why don’t you take a decision on that basis,” CPM’s Sitaram Yechury said before leading his party’s members out of the House.

Urbanise and be rich

It is an empirical truth that, by and large, the most economically prosperous countries are also highly urbanised. While urbanisation may not be the only factor that makes a country rich, it is undeniably one of the key catalysts that help propel an economy to a higher growth trajectory. Take the example of China. China’s emergence as an economic superpower has occurred hand in hand with rapid urbanisation—about 53% of China’s population is urbanised now compared to only 18% in the late 1970s.

What has been India’s experience so far? As per the latest census report, India’s urbanisation rate has increased to just 31% in 2011, from about 28% in 2001. Not only the pace of urbanisation is agonisingly slow in India’s case, the disparity between different states as regards to the urbanisation trend is also striking.

States such as Bihar (11.3%), Odisha (16.7%), Uttar Pradesh (22.3%), Chhattisgarh (23.2%), Jharkhand (24.1%), Rajasthan (24.9%), Madhya Pradesh (27.6%)—despite showing a rise in urbanisation rate in the last decade—remain way below the national average rate of 31.2%. On the other end of the spectrum, Tamil Nadu (48.5%), Kerala (47.7%), Maharashtra (45.2%) and Gujarat (42.6%) have a relatively higher urbanisation rate, among 16 major states we have considered in our analysis. The census findings show that Kerala has recorded the highest increase in urbanisation rate in the last decade (from 26% in 2001 to 47.7% in 2011), while the least improvement has been in the case of Bihar (+0.8%), a trend which is indeed worrisome given that Bihar has the lowest level of urbanisation rate (11.3%) among 16 key states.

But a clear trend emerges when the urbanisation rate of each of 16 key states is compared to other parameters such as overall literacy rate, population growth rate, infant mortality rate, poverty rate and per capita GDP. States which are less (more) urbanised have a lower (higher) literacy rate. States such as Bihar (63.8% literacy rate), Rajasthan (67.1%), Jharkhand (67.6%), and Uttar Pradesh (69.7%), which are the least urbanised also have the lowest literacy rate. On the other hand, states which have a relatively higher urbanisation rate—Kerala (93.9%), Maharashtra (82.9%), Tamil Nadu (80.3%), Gujarat (79.3%)—also enjoy a high literacy rate.

States with a lower (higher) urbanisation and literacy rate have recorded the highest (lowest) increase in the decadal population growth rate between 2001 and 2011. States such as Bihar, Chhattisgarh, Jharkhand, Rajasthan, Madhya Pradesh and Uttar Pradesh, which rank poorly in urbanisation and literacy metrics, have seen 20%-plus population growth rate between 2001 and 2011. Kerala stands out at the other end of the spectrum of having recorded the lowest population growth rate (4.9%) in the last decade.

Infant mortality rate is higher (lower) in less (more) urbanised states. It is highest in states such as Madhya Pradesh, Odisha, Uttar Pradesh, Rajasthan, Chhattisgarh and Bihar, while being the lowest in the case of Kerala, Tamil Nadu and Maharashtra.

Incidence of poverty is higher (lower) in less (more) urbanised states. Orissa (32.6%), Bihar (33.7%), Chhattisgarh (39.9%), Jharkhand (37.0%), Madhya Pradesh (31.7%) and Uttar Pradesh (29.4%) have the largest share of below poverty line population residing in these states as compared to states such as Kerala (7.1%), Tamil Nadu (11.3%), Gujarat (16.6%) and Maharashta (17.3%), where percentage of BPL population is below the national average of 21.9%.

States with lower level of urbanisation rate are poorer than the more urbanised ones. It is hardly surprising that states such as Bihar, Uttar Pradesh, Madhya Pradesh, Jharkhand, Odisha and Chhattisgarh have significantly lower per capita income compared to Maharashtra, Gujarat, Kerala and Punjab, which are relatively more urbanised. The per capita monthly expenditure profile of the prosperous states is naturally higher than the relatively poor ones.

This indicates that, by and large, higher urbanisation leads to lesser poverty, increased prosperity and improvement in development indicators as well. Of course, there could be some outlier cases where a one-to-one correlation may become hard to establish, but the overall message is simple—“higher urbanisation improves economic well-being.”

CSIR Scientists in Villages

Council of Scientific & Industrial Research (CSIR) has been providing the S&T knowledgebase needed for the socio-economic development in the country. CSIR’s scheme namely, “CSIR-800” is focused at bringing in desired S&T interventions for improving the quality of life, removing drudgery and augmenting income of the people at the base of the economic pyramid. CSIR’s Technology-enabled Villages (TECHVIL) initiative is for relevant technological interventions and skill development and up-gradation for targeted people at the base of economic pyramid. CSIR has been adopting villages to promote employment generation and income augmentation. It has catalyzed commercial cultivation of Geranium in Uttarakhand and Lavender in Jammu & Kashmir and Himachal Pradesh through community participation. In these end to end missions, farmers have been trained not only for cultivation of Geranium and Lavender but also for extraction of oil, augmenting thus their income. Likewise CSIR efforts through development of niche Mentha varieties and their propagation for mass cultivation are noteworthy. The efforts have led to economic growth and have enabled India to acquire a world leadership position in Menthol mint oil production and export. CSIR has transformed the landscape of Lahaul through introduction of lilium cultivation for the first time. High quality planting materials, agrotechnology and technical services were provided to farmers of the region, as a result they are now selling cut flowers of lilium at a premium price in the Delhi market. Also, they are raising nursery to generate good quality bulbs for further distribution to farmers. Preservation of peas is one of the major needs of the Lahaul region and to cater to this requirement CSIR has developed a low cost simple technique for preservation of vegetables (cauliflower, beans, peas) through blanching, brining and appropriate packaging. This process enhances the shelf-life upto 12 months. Buckwheat is highly nutritious widely available resource of the Lahaul region which goes waste. CSIR has developed a cost effective technology for delicious nutribar from buckwheat. The product has been launched and it has generated a lot of interest among locals. The young people have been trained for development of the product. The ginseng root is known to lower blood sugar and cholesterol levels, protect against stress, enhance strength and promote relaxation. CSIR has introduced Ginseng in Lahaul valley. CSIR has set up post-harvest centres in Mizoram (Aizawl) and Arunachal Pradesh (Pashighat). These centres are focused at helping the local farmers in the region for value addition to their agricultural produce. The centres house technology for high efficiency drying and processing of ginger, cardamom, turmeric, chillies etc. The farmers are able to sell their produce at 20-25% higher price to these processing centres. The CSIR Post Harvest Technology Centres are thus augmenting income and generating direct employment. CSIR efforts for socio-economic development have led to: empowering people at Kashmir Valley through creation of aromatic industry; development of bio-inoculants for enhancing plant productivity and its dissemination in UP to the farmers in partnership with the State Government on a very large scale and it has enhanced agriculture productivity; development of mushroom technology, its transfer and training which has benefitted economically the rural women in North East States; development of the ethnic products and their promotion for economic development of the women entrepreneurs of Manipur. CSIR has developed indigenous substitute of Ukraine clay in granite ceramic tiles which has reduced the Ukraine clay requirement from 20% to about 1%, reducing thus the foreign material import and associated costs. This has made major economic difference and benefitted small and medium scale enterprises in Gujarat. Over the years CSIR has developed technologies for: food and food processing; building and construction; enchancing potability of water; environment and sanitation; cultivation and processing of economic plants; rural roads; farm machinery; solar rickshaw (soleckshaw), leather; pottery etc. The technologies developed have been gainfully utilized in several states and contributed in improving quality of life and economic growth of focused villages and small towns.  CSIR-Centre for Cellular & Molecular Biology (CSIR-CCMB) had developed DNA barcoding technology. In March 2001, Verma and Singh invented the “Universal primer technology” to address the question pertaining to establishment of the identity of any unknown biological sample and assign it to its known species source (Verma and Singh, US and PCT Patent application No: PCT/IN01/00055, First Filling Date: 28/03/2001; Priority date: 28/03/2001). This technology worked across large range of animal species in a universal manner and was able to detect any of the endangered species of India (and that of entire world indeed), from birds to fishes to mammals to provide “beyond a reasonable doubt” evidence on species identity in the court of law. Patent related to this invention was filed in several countries and the research papers were published in various journals. This technique of CSIR-CCMB revalorized the arena of Wildlife Forensics. It is currently being used routinely in LaCONES of CSIR-CCMB to provide the wildlife forensics services to the Nation in the cases pertaining to wildlife crime. CCMB is self reliant in this aspect with advanced technology

Skill Development Institutes

The Ministry of Micro Small and Medium Enterprises (MSME) has three National Level Entrepreneurship Development Institutes (EDIs) for conducting skill development activities covering the entire country, namely –National Institute for Entrepreneurship & Small Business Development (NIESBUD), NOIDA; National Institute for MSME (Ni-MSME), Hyderabad; and Indian Institute of Entrepreneurship (IIE), Guwahati. Besides, there are 30 MSME-Development Institutes and 18 MSME Tool Rooms & Technology Development Centres which also inter-alia conduct skill development programmes in the country. Out of these two Institutes namely, MSME Development Institute, and Institute for Design of Electrical Measuring Instruments (IDEMI) are located in Mumbai. Development of MSME The responsibility of development and promotion of Micro, Small and Medium Enterprises is primarily of States/Union Territories. The Central Government however supports and supplements the efforts of State Governments and Union Territories in this regard. Ministry of MSME is implementing Prime Minister’s Employment Generation Programme (PMEGP) for encouraging setting of Micro Enterprises under which General category beneficiaries can avail of margin money subsidy of 25 % of the project cost in rural areas and 15% in urban areas and Scheduled Caste/Scheduled Tribe /Women beneficiaries can avail the margin money subsidy of 35% of the project cost in rural areas and 25% in urban areas. In addition, the Union Government is giving concessions/incentives to the investors under the Credit Guarantee Fund Scheme and Credit Linked Capital Subsidy Scheme (CLCSS). The Credit Guarantee Fund Scheme provides collateral free credit facility (term loan and/ or working capital) extended by eligible lending institutions to new and existing micro and small enterprises up to Rs. 100 lakh per borrowing unit. CLCSS provides 15% capital subsidy on eligible institutional loan up to Rs.100 lakh.

National Initiative for Innovation Centres in the Country

A new scheme on “National Initiative to establish 20 Design Innovation Centres, one Open Design School and National Design Innovation Network” has been launched during 2013-14.  There is proposal under consideration of the Government to formulate National Innovation Policy in education sector at present. Research and innovation have also been the focal points during XII Plan. Further, Rashtriya Uchchatar Shiksha Abhiyan (RUSA), which seeks to support and reform the state higher education system, is providing funding for Research, Innovation and Quality Improvement.  The states have to prepare a Research and Innovation Plan which would include facilities that (i)      support research hubs/parks etc., (ii)    adopt of meta-university concept that offer cross university education and credit transfer facility to students, (iii)   procure high quality e-resources, (iv)  upgrade library and laboratory facilities, (v)    facilities like incubation centers, innovation hubs, (vi)  initiatives to attract top-rated international faculty, (vii) institutions that offer merit-based scholarships, fully-funded doctoral fellowships, post-doctoral fellowships, (viii)           promotion of  research and entrepreneurial activities, (ix)  support different types of research programs – Base Research, Key Technology (R&D), High end (R&D) etc., and (x)    Special grants to faculty for conducting outstanding research.