Sunday, 26 March 2023

Gilles Verniers wrong on Democracy

 Gilles Verniers- who, as a French speaker may be ignorant of Anglo Saxon Constitutional Law- is a Professor of Political Science at Ashoka University. He writes in the Wire that Rahul Gandhi's disqualification is an abuse of power. By his own logic, he must be a supporter of Netanyahu in his struggle to cut the Israeli Supreme Court down to size. 

 The question we must ask this stupid Professor is whether he thinks the Indian Supreme Court overstepped the mark in 2013 when it laid down the rule that disqualification from Parliament is automatic once a person is sentenced to two years or more in a criminal case? Was the  Supreme Court wrong, in 2016, to admonish Rahul not to indulge in 'collective denunciation'? Furthermore, in connection with the Rafale affair, the Bench had admonished Rahul in 2019 in the following words “It is unfortunate that without any verification certain remarks were made by the contemnor (Rahul Gandhi) against the Prime Minister. Mr Gandhi needs to be more careful in future.” It is a matter of public record, that it was the 2013 and 2016 actions of the Bench which prompted the harsh sentence passed by the Surat Magistrate.

Currently, we think it likely that the quantum of punishment will be reduced by a superior court and thus the disqualification will be reversed. Here, 'the process is the punishment'. Hopefully Rahul will be more cautious in his choice of words going forward.

Gilles disagrees. He thinks the Executive, not the Bench, has abused its power. The problem here is that the court case was not brought by a member of the executive. A legislator is merely a legislator unless he also holds a Cabinet or other similar office. 

A Judge is never a member of the Executive while the Parliament Secretariat and Election Commission are independent branches of the Civil Service which are bound to follow the Law of the land- in this case, the 2013 Supreme Court decision 

The disqualification of Rahul Gandhi from his seat in parliament, following his conviction in a criminal defamation case filed by a BJP legislator in Gujarat after a speech Gandhi made during the 2019 general election campaign in Karnataka is an important political moment that can be broken down into three aspects:

the thing has only one aspect- viz the law as established by the 2013 decision. 

the law, politics, and the larger meaning of this event for India’s democracy.

There is no larger meaning. Rahul's lawyer will get him off unless the CJI takes over the case as Master of the Rolls. 

On the legal aspect, Rahul Gandhi’s supporters say, not without reason, that this swift disqualification is the distortion of a law that was meant to remove from the parliament elected representatives convicted of serious crimes, like fraud, corruption, or violent crimes.

Criminal defamation is a serious crime. Rahul was inciting caste based hatred. Similarly Azam Khan was disqualified after being sentenced in a 2019 hate speech case.  

In the present case, the judge handed down a sentence that matches exactly the minimum required for the disqualification clause to kick in, under Section 8(3) of The Representation of the People Act.

It is also the maximum penalty. The reason it was applied was because Rahul had ignored the the Supreme Court's warning against 'collective denunciation' 

This obviously raises suspicions, even though the letter of the law remains unbroken.

Are those suspicions reasonable? The plain fact is, if you say 'all thieves are from such and such community, dig a little and you will find countless thieves from that community' then it more than likely that some person from that community will complain against you. If you have previously been warned by a Judge- and Rahul was warned by a two Judge Supreme Court Bench- then you will be punished. But 'the process is the punishment'. You can spend money and get a superior court to reduce the quantum of punishment to a simple fine. The problem is that Rahul has a lot of other defamation cases against him. So this drama will recur periodically.  

The case itself is questionable. As the legal scholar Gautam Bhatia

a cretin who thinks a Judge can be sued for defamation for things he says while passing judgment! 

noted in a tweet, “References to a generic class of persons are not actionable unless an individual can show a direct reference to *themselves*”.

Article 499 of the Code says any Class or Association of people can be defamed. It is enough to belong to that class or association and to show that damage has been done to win your case. In this case, the petitioner could bring witnesses who would say 'hearing what Rahul said caused me to think that maybe I should not give my vote to this person because he too is a Modi'.  

In this case, Rahul Gandhi did not specifically refer to the plaintiff, Gujarat BJP MLA and former minister Purnesh Modi, in his speech.

He said all thieves have this surname. This meant Purnesh had a higher likelihood of being a thief than a person from a different caste.  

Such a judgment opens the door to all kinds of new defamation claims against elected representatives, including cases of hate speech targeting entire communities.

Such laws already exist. You can't say 'all terrorists belong to such and such community'. However there are clever ways of conveying a suggestio falsi without crossing the line. Still, when caught out, a politicians will appear to offer profuse apologies while actually repeating the slur in some more veiled fashion.  


Political aspect

On the political front, this disqualification blocks Rahul Gandhi from contesting in 2024 (unless a higher court suspends the decision before the seat of Wayanad gets filled, or if the initial sentence is reduced). It does not however prevent him from campaigning, as long as he is not jailed. And even a jailed Gandhi would be a powerfully evocative image that the opposition can use as a rallying cry.

This fool is not stating the obvious. If Rahul is barred from being PM till 2034, there there is no obstacle to opposition unity. Voters will be reassured that the mooncalf won't get the top job. They may hope it is someone they themselves like.

By continuously pounding Rahul Gandhi, the BJP seeks to elevate his position as the main figure of the opposition.

Obviously. You want to run against a cretin, not a smart politician. 

On the one hand, the BJP needs Rahul Gandhi as a figure of mockery, a weak uncharismatic politician who embodies everything the BJP claims to be fighting against: privilege and dynasticism.

Whoa there Gilles? Which side are you on? Why not just say Rahul wears adult diapers because he constantly soils himself?  

Recent critiques of Rahul Gandhi’s speeches abroad aim at presenting him as anti-patriotic.

He says India is not a nation. It is like the EU which can have Brexit or Grexit or whatever. 

On the other hand, the BJP does not want to see him raise his profile in terms that differ from those they choose to define him by.

Actually, Modi would be happy if Rahul started behaving like a patriot. The plain fact is that the mooncalf is making the task of India's diplomats more difficult. Look at the Khalistani attack on the Indian High Commission. The Brits can point out that Rahul is saying India is not a nation. Why not hold a referendum or just allow East Punjab to go its own way?  

In recent months, Rahul Gandhi took the opposition on the ground through the Bharat Jodo Yatra, underlining that the real opposition to the BJP government will not take place within institutions of representation. He gained credibility and demonstrated an ability to connect with people in a way that differs from the staged and distant rallies held by the Prime minister.

This simply isn't true. Modi's appears to enjoy a 78 percent approval rate. Rahul's approval rate has halved since 2019 even though the Yatra gave him a bit of a bump.  

By using a law that Rahul Gandhi himself pushed for adoption 10 years ago, the government and the BJP in power raise his status to that of the principal opponent while also neutralising him.

The Executive isn't using the Law. This is an independent decision of the Judiciary. Will anybody say 'Modi forgave Rahul and let him escape jail' if a higher court reduces the quantum of punishment or sets aside the judgment entirely? 

Whether this will work in favour of the BJP or backfire remains to be seen. Opposition leaders will certainly be jolted by this episode, which could strengthen their resolve to work together ahead of the election.

The problem is that 'working together' could damage their own prospects. There is such a thing as negative synergy. Modi may have kept something up his sleeve for 2024. Alternatively, the Pakistanis might do something stupid and help Modi inadvertently. 


Democracy under attack

There is finally a larger aspect to this question than mere electoral tactics. The heart of the criminal defamation case against Rahul Gandhi was not that he had disparaged an entire community

No. That was the complaint and that was the judgment.  

but that he had evoked the Prime Minister’s association with disgraced business figures, some of them sharing the same name.

So, he didn't even have the defense of truth or good faith. The PM is not a thief. He hasn't been convicted of any type of financial irregularity. The Gandhi family on the other hand is notoriously corrupt and has accumulated disproportionate assets amounting to billions of dollars.  

Accusations of cronyism and favouritism have been a weak spot for the Prime minister, amplified by the recent Adani affair.

No they haven't. Nobody thinks Adani is bribing Modi while it simply isn't the case that Modi is a homosexual who bribes Adani into providing him sexual services.  

The reaction to these accusations has not been to address them head-on, or to respond to legitimate questions, including in Parliament, but to attack those who make these critiques.

The attack on Adani was harmful to India's development. India must protect its own Corporations just as the Swiss Government has defied Brussels to help Credit Suisse.  


There is a growing intolerance in India for any form of critique of the Prime minister,

because presenting the PM as a Nazi is harmful to India's foreign and defense policy.  Even attacking Adani- in the context of Hindenburg- is bad for India. Rahul does not understand this. There was a time when the British PM and head of the Opposition would have been glad to be photographed with him. Now only the sad, deluded, Jeremy Corbyn will touch him with a bargepole. 

and a greater will to use institutions and their instruments, including the law, to target dissenting voices.

India has an activist judiciary. This is why there is a real danger that the Bench will surprise everybody by sending the mooncalf to jail. This would be revenge for what Indira did to the Bench back in the Seventies. Don't forget, Chandrachud's daddy was elevated to the Supreme Court in 1972. Morarji made him CJI and he sent Sanjay Gandhi to jail over 'kissa kursi ka'. When Indira returned, there were hints that he would be impeached in revenge. 

Just a few days ago, dozens of FIRs were lodged against citizens who merely plastered a few posters in Delhi calling for the defeat of the BJP and the Prime minister in the next election.

Why are people who break the law put in danger of prosecution? Would it not be better to offer hugs and kisses to all offenders?  


Moreover, critiques against the Prime Minister are conflated as attacks against India as a whole,

which is exactly what they are if you go on foreign soil and say 'democracy is being destroyed'. If the foreign country claims to follow an 'ethical foreign policy', then you are advocating less favorable treatment of India. This may be justified if, like Indira Gandhi, the PM really is an autocrat who has torn up the Constitution and is jailing and torturing her opponents. 

giving a new lease of life to a political trope that was used four decades ago to quash opposition to Indira Gandhi.

Dynasticism is not compatible with Democracy more particularly if, as in the case of the mooncalf- merit is entirely lacking. 

It is ironic that some of those using these tropes today belong to the same political party that suffered from it in the past.

No it isn't. Rahul is actually damaging India's national interests. No Jan Sanghi was able to do that during the Emergency because they were locked up.  

This intolerance for dissent

Varun dissents from the official BJP policies. But he does so on the basis of reasoned arguments. Sooner or later the BJP will quietly adopt one or two of his more worthwhile suggestions. Whether he will be elevated is a separate matter.  

is consonant with the hyper-personalisation of power that we have seen growing in India, both at the state level and at the centre, over the past decade.

Congress has become a dynastic personality cult. But its footprint is shrinking. However, Kharge may engineer a big victory in Karnataka where the BJP took over a lot of corrupt Congress wallahs who are now defecting back to the Mothership of corruption. 


In many democracies, including India, the right to criticise those who govern is constitutionally guaranteed.

Varun has criticized some Government policies. He hasn't been expelled from the Party though he and his mother have been downgraded.  

In democratic theory, it is posited that citizens, including members of the opposition, have a right to contest, to critique those who govern precisely because they themselves do not have power.

In a Parliamentary Democracy, there should be criticism and scrutiny at the Committee stage. Moreover, so long as members of the house use parliamentary language and don't engage in defamation, they can say what they like on the floor of the house and their remarks won't be expunged.  Rahu's grandfather, Feroze, was very successful in attacking corrupt operators- e.g. Dalmia and Mundhra- from the floor of the House. The fellow described his wife, Indira, as a Fascist. Rahul's other grandfather was an actual Italian Fascist. Quite a legacy to live up to!

What we see here is the gradual instauration of ‘crime de lèse-majesté’, a form of offense that has no place in democratic regimes.

What we have seen is a dynasty entrenching itself. Should it have 'sovereign immunity'? That is the question. Must Modi impose a State of Emergency and tear up the Constitution to save Indira's grandson from jail?  


The counterargument to this is that Rahul Gandhi was found guilty in a court of law and that this was not a political judgement. As always, the impossibility of proving this or the contrary creates ground for legitimate suspicion, or at the very least raises questions.

Those questions are 'justiciable'. Let us see in Singhvi, Rahul's lawyer, can get the conviction set aside on some such grounds.  

The plaintiff belonged to the party of the Prime Minister, the case was tried in a state where judges seldom contradict the BJP.

Nonsense! They have sentenced a BJP Minister to death, though the convictions proved unsafe because of fabricated evidence. What a magistrate can't do is defy the law of the land as established by the Supreme Court.  

The terms of the sentence are unusual and expedient to the political context.

But they can be overturned. Why was a review petition not filed immediately?  Perhaps Congress wanted this drama to play out. The problem is Chandrachud. What if the Supreme Court takes over the case and the new master of the roster takes revenge on Rahul for what Indira tried to do to his father?


What can also be questioned is the selectivity of cases. In recent months, significant opposition figures have been brought down by courts while members of the majority who have come under similar suspicion have not been subjected to the same scrutiny.

This is an allegation. Is there any evidence to back it up? The fact is some BJP legislators have been subject to prosecution.  

There are two fundamental aspects to the rule of law.

Not in India. There is only one. The Supreme Court alone has the right to interpret the law. Moreover it can strike any ordinance or statute down if it considers it to violate the 'basic structure' of the Constitution. But what that 'basic structure' is nobody knows.  

The first is that the rules must be applied impersonally, i.e. equality before the law.

That has been fulfilled.  

The second is that those in power, those in charge of applying and enforcing the law, should be subject to it in equal measure.

A Judge who says 'all thieves belong to such and such community' would soon face disciplinary action.  

A democratic test here would be for a member of the majority to be subjected to the same treatment.

Which is what actually happens. Modi runs a fairly tight ship. He gets rid of problematic people before a big scandal can unfold. Dynastic parties don't have that advantage. Predictably, they are more corrupt. On the other hand, we are forgiving towards Kejriwal because, in the nature of things, a new party will have untested people some of whom may turn out to be 'bad apples'. 

What makes a political regime democratic is not merely how elections are fought and power wrested.

Quite true. That is why dynastic parties are anathema to it.  

It is also the extent to which it adheres or not to democratic norms while in power.

But what those norms are, it can decide for itself save where the Judiciary has indicated otherwise.  Perhaps what Gilles means is 'I am entitled to say that a party I don't like is not adhering to democratic norms'. But this is merely a subjective expression of opinion. You have the right to believe that democratic norms involve dressing up like a pussy cat and saying miaow. However, if you have been hired to teach Political Science, you can't pass off this subjective opinion of yours as part and parcel of what is objectively meant by 'democratic norms'. The test here is that of the 'reasonable man' which would require, in this case, an opinion supported by Constitutional Lawyers who have a deep understanding of the Polity in question. Verniers lacks any such understanding. The plain truth is that India has an independent, activist, Judiciary with a very narrow conception of the doctrine of political question (if, indeed, it has any such thing). Thus 'democratic norms' are those as by Law established and supported by decisions of the Bench. 

When the tools of democracy and the law are used to gain political advantage, it constitutes an abuse of power.

No. This is utterly false. If a Party gains power or other political advantage though wholly democratic and legal means, no abuse has occurred save by a decision of the Courts. Gilles is a cretin. Students at Ashoka are being cheated. 

 

Saturday, 25 March 2023

Horace, Horus, & Quranic Tajalli



Prometheus, stealing fire from Heaven also placed
An atom of the Lion in our heart- else disgraced
By what whores us- Horace as Horus
Satire but bores us, ourselves its chorus.

Envoi-
Caliph! From this Kaffir-e-Jaahil take Tassali
In but Mushaf-e-Quran is all Tajalli! 


Rahul Gandhi guilty of Defamation

Umang Poddar, writing for Scroll, argues that Rahul has been erroneously convicted of defamation.  Sadly, he is unable to find any argument which addresses Section 499 of the Penal Code directly which is the law of the land.


Gandhi’s statement at the election rally was the basis for Bharatiya Janata Party legislator Purnesh Modi from Gujarat to file a case of criminal defamation against him. The BJP MLA claimed that the Congress politician had “defamed 13 crore people living in the whole of India having the surname ‘Modi’”.

The Surat court agreed. It said that Rahul Gandhi was a member of Parliament whose words would have a substantial impact on the public. It gave him to the maximum punishment under defamation law.

However, many legal experts believe that the elementary constituent of defamation – which is lowering someone’s reputation in the eyes of a reasonable person – has not been not met in this case.

Rahul uttered a casteist slur. Not all Modis are thieves but all thieves are Modi. If you dig a little you will find countless Modis are crooks.  Thus, statistically, you should be more suspicious of Modis than other people.  

In addition, Gandhi’s mention of the surname Modi is vague and does not refer to a specific set of people, they say.

Yet, it is a fact that Modi is a caste based surname though, of course, this isn't always the case.  

Delhi-based senior advocate Nitya Ramakrishnan said that the judgement suffered from a lack of logic. “The first question is how is it defamation of Purnesh Modi or of all Modis?” she asked.

This question was answered by the petitioner to the satisfaction of the Court. It is obvious that it is defamatory to say that any given Modi- Purnesh or Narendra or anybody else- is more likely to  be a thief whereas those lacking this surname are not thieves.  

The statement must be examined to determine whether it intended to lower the moral or intellectual character of the complainant Purnesh Modi, she said. “This is the only reason upon which the complaint could have been entertained,” she said.

It very explicitly had the intention of damaging the character of BJP politicians like Purnesh Modi. Rahul Gandhi is a politician who opposes the BJP and who claims that it is looting the country.  

The Code specifies that 'It may amount to defamation to make an imputation concerning a company or an association or collection of persons as such.' The collection in this case is people with the surname Modi- which is generally caste based in India. 

However, she noted that Gandhi said that Lalit Modi, Nirav Modi and Narendra Modi are names of thieves. Lalit Modi and Nirav Modi are fugitive businessmen. “Even if he said all thieves are Modis, it cannot be interpreted as all Modis are thieves,” Ramakrishnan said.

This is irrelevant. It is enough to say, without any proof, that there is a higher risk of having dealings with Modis because 'all thieves' have that surname.  

The statement did not hurt all Modis,

Yes it did because we have no means of ascertaining whether any given Modi we encounter is or is not a thief. All we have been told is that there is a higher probability that the person with the surname is not to be trusted. This gives rise to a prejudice against all Modis.  

she said, “just as saying that all men are mortal is not the same as saying all mortals are men”.

It is the same unless we know of some class of beings of equal or greater sentience to ourselves who are mortal. The semantic 'extension' is the same. 

In this case, she said that the question which must be asked is, “Does it convey to anyone that they should not deal with anyone whose name is Modi?”

At the margin, yes. If there are two candidates who are otherwise equal, choose the non-Modi because he is less likely to be a thief.  

It does not, she said: “It was a rhetorical and half-jocular remark focusing on three names that were coincidentally ‘Modi’.”

Nevertheless, the Code specifies that the statement could be defamatory. The intent of the remark was to create suspicion against people surnamed Modi and cause them to give greater credence to the notion that such people may be thieves despite their being no evidence against them. Suppose one were to say list a number of notorious terrorists with a particular trait and then mention a person not known to be a terrorist who shares that trait then there is a clear attempt to defame based on the highlighting of a trait they share in common.  

The judgement is flawed, Ramakrishnan said, and did not even meet the first threshold required in defamation cases.

 Yet the judgment will stand though the quantum of punishment may be reduced. The alternative is that the law of defamation would no longer be applicable to a wide class of cases where people are stigmatized as terrorists or murderers or thieves simply on the basis of caste or creed or regional origin. 

Can classes be defamed?

Yes. Section 499 clearly mentions class. It also mentions caste in a slightly different context.  

Though some observers wondered after the verdict whether an entire group of people can be defamed, Section 499 of the Indian Penal Code makes it clear that defamation charges can be brought by “a company or an association or collection of persons as such”. However, the section adds that no imputation can be defamatory unless it “directly or indirectly” lowers the “moral or intellectual character of that person, or lowers the character of that person in respect of his caste or of his calling” in the eyes of others.

This test is met. Not all people belonging to a particular sub-caste carry the same caste-based surname. Thus there are plenty of 'Iyengars' who have a different surname. If I say- 'isn't it strange that all thieves happen to be called Iyengar'- then not only am I lowering the character of such people in the eyes of members of their own sub-caste who have different surnames but I am also lowering the character of Iyengars in the eyes of their professional colleagues. 


However, advocate Apar Gupta, executive director of the Internet Freedom Foundation, noted there needs to be “a very high degree of certainty” that the individual claiming to have been defamed is being identified as a member of the group – which is usually a “well-defined class” of people.

Caste in India is very well-defined in law and Government policy..  


But people having the same surname are, by their very nature, an indeterminate class,

Not in this case. It is easy to determine that I am not a Modi whereas the Prime Minister is. 

Gupta said. “A person will not make an association with the complainant [Purnesh Modi] based on Gandhi’s statement,” he added.

This is clearly false. Suppose I am a member of the Congress party- as indeed many people in Surat are. If I engaged in a business or personal transaction with Purnesh Modi, I am likely to be reproached by other members of my party for either imprudence or a perverse defiance of the sage admonition of the beloved leader that 'all thieves are surnamed Modi'. Clearly a man who knowingly deals with such people is bound to get robbed sooner or later. This damages my credit. The same would be true if I socialized with notorious rogues or courtesans.  

Gupta added that if someone says that all lawyers are crooks, that will not amount to defamation of all lawyers. “However, if someone says that all lawyers of Tees Hazari District Association [in Delhi] are crooks, then that is a determinative body which [and whose members] could bring a claim of defamation,” he said.

This is precisely what is happening here. It would be fine to say 'Only Indians are corrupt or thievish. Look at the Chinese! They are not greedy and unprincipled like us because Chairman Mao re-educated them.' It would not be fine to say 'Only people from Pinarayi are corrupt or thievish. They don't understand Mao and prefer to follow Deng Xiaoping.' then the statement is defamatory. It picks out certain members of the CPM in Kerala- most notably the CM- and not others. 

Delhi-based senior advocate Siddharth Luthra said that while determining if a community of people has been defamed, “the main point to be noted is that you have to make a link that a person’s statement [about a community] has embarrassed me” as an individual.

The petitioner was a BJP politician who could easily find people to testify that they had become suspicious of him after hearing Rahul's words.  

He said that this link has to be specific. “For instance, if someone says that all journalists are questionable,

questionable is not in itself pejorative 

that does not mean that any journalist can bring a claim for defamation,” he said.

But if it was asserted that all journalists rape kids, then a particular journalist who had been injured by the spread of this canard would certainly have an action for criminal defamation. 

However, Luthra said that since he had not examined the evidence presented in this case, he could not comment on whether the judgement was correct.

But would do so if paid sufficiently. Lawyers don't work for free you know.  

How has the court interpreted it?

In previous instances, the Supreme Court has said that if a community believes it has been defamed, the remarks have to be specific and identifiable. This was illustrated a landmark case from 2010, when an actress made a general claim that incidents of pre-marital sex and live-in relationships in Tamil Nadu and noted that this was not an offence.

She said there was nothing wrong with sex outside marriage.  

Several complaints were filed against her, including several by married women who were politicians and social activists. They claimed that the actress’ remarks had lowered their reputation by suggesting that people of their category engaged in pre-marital sex.

This was patently absurd. The case should have been dismissed with prejudice. It should not have gone all the way to the Supreme Court.  

The Supreme Court held that there was no intent to cause harm to complainants nor was there any actual harm caused to their reputations. It added that the complainants were “reading too much” into the actress’ remarks. It was a rhetorical remark which did not suggest that all women in Tamil Nadu engaged in premarital sex and nor was it directed at any individual.

However, in cases where the group is identifiable, the court has upheld defamation claims. Among these was a case from 1965, which related to an article published in a newspaper containing defamatory remarks about public prosecutors in Aligarh. The court said that they were an “identifiable group of prosecuting staff” so could bring a claim of defamation. If they had been an indefinite group of people, such a claim could not be brought, the court noted.

So, the Scroll article comes to the conclusion that Rahul has defamed a determinate class of people- viz. those surnamed Modi whom it would be natural to link to the people Rahul named. Suppose Rahul could prove that Narendra Modi is a thief- as he has repeatedly asserted (chowkidar chor hai)- then he had a defense in law. But Modi is not a thief. Rahul was reckless in not being content to defame his avowed enemy but everybody with the same surname.

One reason Rahul got such a stiff sentence is that he ignored the 2016 warning given to him by the Supreme Court (Misra & Nariman)  against what it called 'collective denunciation'. Yet, in 2019, that is exactly what he did branding all Modis as being statistically more likely to be thieves. Indeed, this implies an 'inherent vice' because, according to Rahul, non Modis don't steal. Yet, we know of at least one family surnamed Gandhi which appears to have become very very rich in the last few decades. But then, I suppose, Indian history has had many 'looters' who arrived from foreign countries and enriched themselves beyond the dreams of avarice. 

Friday, 24 March 2023

NYT's lies about RaGa's disqualification


The NYT has a correspondent in India- which is a pretty big country about which plenty of information is available on the web. Yet it is incapable of writing a single sentence about India which is not false, foolish or mischievously misleading. Start with the headline-


Leader of India’s Opposition to Modi Is Expelled From Parliament

Rahul Gandhi does not lead his own Party, let alone the opposition. He is merely a MP. Since his party has less than ten percent of the seats in the lower house, there is no 'leader of the opposition' there. Even there he does not lead his party. Adhir Ranjan Chowdhury is the leader. 

Has Rahul been 'expelled' from parliament? No. He has been automatically disqualified in consequence of a Court Judgment. The British parliament does expel members who however are not barred from seeking elections. India suspends members but this too is no bar to reelection.  

The puzzle is why Rahul didn't have a lawyer in the Surat Court House to immediately post a review petition. Alternatively, he could have knocked on the door of the Apex Court. In 2016, a BJP M.P was sentenced to three years. He immediately settled the matter with the complainant by agreeing to pay him a good sum and got the Supreme Court to quash the case within 16 days. The Parliamentary Secretariat was roundly abused by Congress for failing to disqualify the man immediately which is why they acted with alacrity in Rahul's case. 


The expulsion of Rahul Gandhi is a devastating blow to the once-powerful Indian National Congress party.

It makes no difference whatsoever. Rahul performs poorly in Parliament. The hope is that opposition unity will increase if Rahul is barred from holding office till 2034. However, it is likely that a higher court will suspend the sentence or lower the quantum of punishment so that disbarment is not triggered.

He and several other politicians are now in jeopardy through India’s legal system.

Nonsense! Criminals are always in jeopardy but that is why they are careful to cover their tracks.  


NEW DELHI — Rahul Gandhi, one of the last

No. Rahul is the least successful 

national figures standing in political opposition to Prime Minister Narendra Modi of India, was disqualified as a member of Parliament on Friday, sending shock waves across the country’s political scene and devastating the once-powerful Indian National Congress party Mr. Gandhi leads.

What a load of crap! The Surat judgment was a surprise and most of us had not grasped that disqualification would be immediate rather than after 30 days but we all know that Rahul's lawyer- the superb Abhishek Singhvi- can get a quick hearing in a superior court; but this is little more than a storm in a teacup. A higher court is likely to reduce the quantum of sentence. Two years imprisonment is the maximum tariff applicable and a little humility on Rahul's part will be enough to appease the Bench. On the other hand, if Congress plays the long game- or Rahul's Messianic megalomania gets the better of him and he defies the Judges, they can suspend the sentence but let the conviction stand thus keeping him out of office till 2034- when he will be in his mid Sixties and hopefully will have matured a little- then Congress has a chance of forming an alliance with opposition heavyweights. 


Mr. Gandhi was expelled from the lower house the day after a court in Gujarat, Mr. Modi’s home state, convicted him on a charge of criminal defamation. The charge stemmed from a comment he made on the campaign trail in 2019, characterizing Mr. Modi as one of a group of “thieves” named Modi — referring to two prominent fugitives with the same last name.

No. He asked why all thieves have Modi as their surname. Further he named two proclaimed offenders, gratuitously added the name of the PM who is known to be honest and then said 'a little investigation will show there are plenty more Modis who are thieves'. Thus he defamed an entire community known for their skill and integrity in mercantile commerce.  The fact is, Modi is a surname very similar to Gandhi. Rahul's family is accused of corrupt practices and currently under the scanner in the National Herald Case. His father, Rajiv, was brought down by allegations of corruption in the matter of the acquisition of artillery from Bofors- a Swedish company. 

Mr. Gandhi received a two-year prison sentence, the maximum. He is out on 30 days’ bail.

Which is plenty of time to get a superior court to intervene 


Any jail sentence of two years or more is supposed to result in automatic expulsion, but legal experts had expected Mr. Gandhi to have the chance to challenge his conviction.

He does have that chance. The question was whether the Speaker had discretion in the matter. It turned out that he hadn't. The Lok Sabha Secretariat issued the disqualification letter as per current rules and regulations.  Since the Election Commission lawyers recommended disqualification and since under Article 103 the President takes advise from the EC in such cases, it is clear that the Secretariat had no other choice.

The Secretary General of the Lok Sabha Secretariat is a senior, Uttarakhand cadre, IAS officer who was promoted after the retirement of a lady officer from the MP cadre. Nobody has ever suggested that either had or has any political affiliations. Yet this is the suggestio falsi in the NYT's next line.

A notification signed by a parliamentary bureaucrat appointed by Mr. Modi’s Bharatiya Janata Party

this is wholly false. On the retirement of the Secretary General, her deputy was appointed in line with Civil Service procedures and with due regard to seniority, experience, etc. There is no suggestion that Kumar was promoted out of turn or that there was any favoritism or partisanship in his appointment. This was purely an internal matter for the Civil Service. It is not true that Mr. Kumar was appointed by Modi or any other politician.  

on Friday stated that Mr. Gandhi had been disqualified automatically by the conviction itself, per the Constitution of India.

A Supreme Court decision in 2013 ensured this outcome. Manmohan introduced an ordinance to prevent this but Rahul tore up that ordinance and so it had to be withdrawn.  


“They are destroying the constitution, killing it,” said Srinivas B.V.,

who is not a lawyer and, at 42, not particularly young 

president of the Indian National Congress Party’s youth wing. “The court gave Mr. Gandhi 30 days to appeal against the order, and hardly 24 hours have passed since.”

The disqualification took effect immediately the judgment was handed down as the notification clarified. It was Congress which raised a hue and cry when a BJP MP was not immediately disqualified on sentencing in 2016. But that MP got the Supreme Court to quash the case within 16 days. Rahul's lawyers could have done it in within 5 days. 

Mr. Gandhi said in a Twitter post on Friday, “I am fighting for the voice of this country. I am ready to pay any price.”

That price came due when he defamed an entire community numbering millions of people.  

Mr. Srinivas said the party will fight the expulsion, politically and legally.

The fellow is a nonentity. How shite is the NYT's local correspondent if she couldn't get a quote from somebody smart- like Singhvi?  

One of the party’s most prominent members, Shashi Tharoor, who like Mr. Gandhi is a member of the lower house in the state of Kerala, said on Twitter that the action ending his tenure in Parliament was “politics with the gloves off, and it bodes ill for our democracy.”

Again, a light weight. What the NYT should have done is got a quote from Singhvi or, if he was too busy, a smart Supreme Court lawyer who had read the judgment and could predict what line Singhvi would take. 

If I were writing this article I would, as Singhvi has done, highlight the fact that the petitioner sought to delay the case perhaps hoping that a new magistrate would be more sympathetic to. The thing is a red herring- the complainant had had to get orders from the High Court twice to quash decisions of the previous Magistrate- but it is newsworthy.  

Mr. Gandhi, a scion of the Nehru-Gandhi family whose father, grandmother and great-grandfather served as prime minister, has taken pains to improve his national profile in recent months.

He went on a long walk. But he grew messianic and started babbling nonsense. In particular his crazy remarks while in England drew severe criticism.  

He led an unexpectedly popular march late last year across swaths of India, rallying crowds to “unite India” against the Hindu-first nationalism espoused by Mr. Modi.

He was imitating Murli Manohar's 'Ekta yatra' (Unity March) from 1991. 

And since the fortunes of Gautam Adani, a tycoon long associated with Mr. Modi, collapsed under pressure from a short-seller’s report in January,

but they have revived. It is Credit Suisse, which was critical of Adani, which has collapsed. 

Mr. Gandhi has been using his platform in Parliament to call for an investigation of his business empire.

He hasn't been using shit. The cretin doesn't get that Gehlot and Mamta and Stalin need Adani. The country needs Adani. Nobody needs Rahul.  

The Congress Party is not alone in worrying about the implications for India’s democracy that Mr. Gandhi’s disqualification poses.

Democracy improves if imbeciles are replaced, in Parliament, by smart people who don't babble defamatory or paranoid nonsense.  

With parliamentary elections coming next year, the government's attempts to clamp down on dissent seem to be gaining momentum, other opposition leaders pointed out.

Why clamp down on stupidity? It is a different matter that putting pols in jail for corruption is popular. But having Rahul around is helpful to Modi. What is odd is that the CBI is assuring Tejashwi Yadav that he won't be arrested in the land for jobs scam.  

Last month, Manish Sisodia, the second in command of the Aam Aadmi Party, was arrested on charges related to fraud.

Even though nobody had said 'All Sisodias are fraudsters.' The fact is people get arrested for crimes if there is evidence they committed those crimes. On the other hand, it may be that the ED is conducting fishing expeditions. The Tax Man can shift the burden of proof onto those it suspects of tax evasion. But, for 'money laundering', if there are no disproportionate assets and no paper trail, how can there be a presumption of guilt? 

Earlier this month Kavitha K., a leader from a regional party that recently turned to national politics, was questioned by federal investigators in connection with the same case.

Sounds like a fishing expedition. But there's plenty of that sort of things going in the NYT's backyard. 

The string of criminal cases against politicians — though none have been brought against high-profile members of Mr. Modi’s Bharatiya Janata Party, or B.J.P.

they were accused of murder and terrorism by the previous administration on the basis of fabricated evidence 

— contrasts awkwardly with Mr. Modi’s presentation of India as “the Mother of Democracy” during a global publicity blitz to accompany its hosting the Group of 20 summit meeting this year.

Fuck off! Modi has the highest approval rating of any elected world leader.  With India overtaking China as the most populous country, there can be no question it is the mother of all democracies. 

What's more America needs India otherwise it just gets frozen out of South Asia totally. You are welcome to class India as an autocracy. But that means Democracy is shrinking and will soon be confined to the ageing populations of Europe and its settler colonies.  

Police raids against the BBC’s office in India and some of the country’s leading think tanks have intensified doubts about the strength of India’s democracy.

India's First Amendment goes in the opposite direction to America's. The Government is welcome to ban anti-national propaganda and to arrest journalists or close down news organizations which break Indian law. This does not endanger democracy which depends on things India has- like a strong and independent Election Commission and a wholly separate and self-selecting Judiciary- whereas America does not.  The plain fact is that there is plenty of voter suppression in America. Nothing similar could be said of India.

Eliminating the opposition from parliament through the courts might heighten those misgivings dramatically.

But those misgivings don't matter at all. America is weak and in retreat. It could 'Magnitsky' Bangladeshi or Myanmarese officials but India is in no mood to defer to a corrupt country now wholly committed to the path of cowardly retreat.  

Thursday, 23 March 2023

Rahul Gandhi's big mouth

A parliamentary democracy grants certain privileges and immunities to legislators. In general, what they say in the House can't become the basis of a civil suit or criminal charge. On the other hand, defamatory remarks may be expunged from the record on order of the Speaker. This does mean that legislators acquire a habit of, if not judicious speech, then a method of communicating which is sufficiently allusive and ambiguous for them to get their message across without their statements becoming legally actionable. The great advantage of being a legislator is that you get into the habit of speaking 'parliamentary language'. This, by itself, adds gravitas and credibility to the manner in which experienced members of parliament habitually express themselves.

Consider Modi's remark, in Parliament, on Congress MP, Renuka Chowdhury who was screeching loudly. He didn't say 'she is screeching like the demoness Surpanakha in the TV serial 'Ramayana'.' Instead he asked the Speaker not to stop the screeching lady because it was giving legislators the opportunity to hear such laughter as they had previously only heard in the Ramayana serial'. Everybody knew Modi meant that Renuka was screeching like Surpanakha- she herself certainly did which is why she wants to bring a defamation case against Modi (though, what he said was protected by parliamentary privilege. If it was defamatory it would have been expunged) after all these years. But Modi hadn't explicitly said that she was screeching like a demoness. He said it was a privilege to hear such laughter after many years.

Rahul has now been disbarred as an MP because he said that all  thieves are members of a particular community sharing a common surname. A little digging will uncover countless more examples of this 'inherent vice' in that community. This act of 'collective defamation' led to a criminal conviction and automatic disbarment from Parliament in line with a 2013 Supreme Court decision.

A professional politician would never have made such an outrageous statement. He'd have said 'it is sad that the good name and reputation of a wonderful community is being tarnished by people like such and such fraudster and such and such politician'. There is a suggestio falsi here- viz. that the politician is as crooked as the fraudster- but the statement is not actionable. It is not an insult to any particular community- though that may be the intention. Neither the Courts nor the Election Commission can take action against the legislator though he may be issued a warning in which case he can make a fulsome apology while repeating the slur in some witty but seemingly innocent manner.

Rahul's big mouth- his failure to learn the rules which apply to the manner in which legislators communicate- has now angered not just the Courts- who have been reprimanding him since 2016 for his reckless disregard for the truth- but also the machinery of Parliament. Thus the Speaker was already under pressure to discipline Rahul, even before the judgment in the defamation case. Indeed, Parliamentary functioning had been brought to a standstill because of Rahul's antics. There can be no doubt that the Parliamentary Secretariat's actions, in line with the EC's recommendation as per Article 103,  have promoted the functioning of Parliament. Rahul has been no great ornament of that chamber. 

What is bizarre, in the context of Rahul's remarks in the UK which have created a storm in Parliament. Is that Rahul Gandhi has been an MP since 2004. Sadly, he doesn't seem to have understood how Parliament works. The Speaker decides who can speak and for how long. Mikes of MPs are switched on and off by Civil Servants who answer to the speaker. Congress is no longer the official opposition party in the lower house because it got less than ten percent of the seats. Rahul himself is merely an ordinary MP. It is right and proper that his mike is turned off save when the Speaker has given him the nod to speak. Yet Rahul has, ignorantly, made out that what is happening to him- and what happens to all MPs- represents an assault on Democracy. He has made various other allegations but this time he has said something ludicrous which impugns the integrity of the Speaker and of the professional Civil Servants who are in charge of turning on and turning off the microphones in the Lok Sabha and Rajya Sabha. It would have been perfectly proper for the Speaker to suspend Rahul it automatic disqualification hadn't come into effect as result of judicial sentence. The mooncalf must learn his lesson or be turned out to pasture. 

Rahul also does not understand that defamatory remarks and unparliamentary language are expunged from the Parliamentary record as a matter of course. Alternatively, he does understand how Parliament works. He simply feels that the rules don't apply to him. 

Either way, Rahul has given the BJP a way to turn the tables on the opposition. Attacking Rahul and standing up for Adani is good politics. Rahul is a loser who will disappear from parliament after the elections next year. The Adanis, after a little salutary trimming of the fat, will grow and grow. The Opposition won't join hands with Congress preferring to cannibalize its vote. Why? Rahul isn't just stupid. He is actively anti-national. Yet, Kharge says, nobody else can be PM after the 2024 elections. This means that it is in everybody's interest to ensure that Congress MPs are completely ineffective. Other opposition leaders have their own States to rule. They don't expect to get any juicy Union Cabinet posts in the near future. Thus, it is no skin off their nose if the Lok Sabha keeps getting adjourned by protests and counter-protests focusing on the utterly useless, but still Messianic, Rahul. 

Now let us look at the Wire's analysis of what is happening.

The Prime Minister Narendra Modi and some of his Union ministers, including the defence minister Rajnath Singh, have demanded an apology from Rahul Gandhi for allegedly maligning India in the United Kingdom and seeking foreign intervention in restoring the crumbling structures of Indian democracy.

Now is the time to attack Rahul because the other opposition parties have an incentive to join in to cannibalize the Congress vote. However, it was Rahul's ludicrous allegations re. how Parliament functions which gives them a legitimate casus belli.  

The matter has snowballed into a parliamentary impasse over which House proceedings have been stalled for two consecutive days since the beginning of the second part of the Budget session.

If Adani had collapsed, Rahul would have looked smart. But it seems certain that Adani is riding out the storm while some 'woke' Western financial institutions have already bitten the dust. Indeed, like Dhirubhai Ambani, Adani may be celebrated by Bollywood but with a nationalist twist as a home grown hero standing up to evil Western capitalists. 

The treasury benches’ concerted attack stems from an all-round campaign against Rahul Gandhi by the Bharatiya Janata Party across all platforms ever since the Congress leader repeated some of his criticisms of the Union government and its alleged misuse of power in his recent visit to the UK where he interacted with journalists, academics, researchers, and civil society activists.

The 'anti-national' charge has already been substantiated by Rahul saying India is not a Nation. It is a Union of sovereign states like the European Union from which Britain just exited. The other point is that Indians don't believe Modi is a generous man. That Gujju may take money from Ambani and Adani and anyone else, but he won't make anybody rich just because he likes the cut of their jib.  

The Congress, however, has said that an apology is not on the cards and accused the BJP and the Union government of spinning Gandhi’s statements for its political gains, and more importantly, deflecting attention from the Adani controversy that has rocked the parliament for days now.

The problem here is that if Rahul makes an apology in a TV interview with a sympathetic celebrity, he will get back popularity. People will say- 'he is turning over a new leaf. He has learnt his lesson'. If the Gandhi family had a good advisor, they'd have done this already. Fortunately for the BJP, Congress sycophants are encouraging Rahul in his Messianic delusions. They may think that they will hold power after Rahul loses his seat in Parliament. The opposite will happen. Regional satraps will set up their own 'grassroots' Congress parties. The 'High Command' will have nothing to command.


What exactly did Gandhi say in London?

He said his mike was muted because Parliament was not functioning properly. 'Defenders of democracy' should take note. Economic and military sanctions against India were appropriate.  

Did he really ask for foreign countries to intervene in India’s internal matters, as the defence minister claimed in the Lok Sabha?

Yes. He repeated the 'Democracy is a global public good' argument for 'regime change'. Back when Rahul was doing his MPhil, this was still a novel argument and did not encompass financial or military measures. But both had become mainstream policy instruments even before 9/11. 


Did he really “insult” India in London, as the Prime Minister claimed?

Yes. He also said that the Speaker was either not in charge of the House or else was getting mikes turned off in an illegitimate or illicit manner.  

The short answer is no. Gandhi, in fact, only repeated his earlier criticism against the Modi government.

But, by dragging in Parliament as an Institution, he had made Parliament the forum in which he himself would be judged and, absent an apology, become subject to punishment.  


Take a look at Gandhi’s statements.

“Look, first of all, this is our problem (erosion of democratic institutions under Modi); it is an internal problem and it is India’s problem and the solution is going to come from inside, it is not going to come from outside. However, the scale of democracy in India means that democracy in India is a global public good. It impacts way further than our boundaries,” Gandhi said to a question at the think tank Chatham House in London.

So, Rahul is saying that 'defenders of democracy' should finance him while applying sanctions to India so that the present administration loses popularity and he himself takes over the country. This is still an appeal for foreign intervention though Rahul is making it clear that it will be Indians who will be in charge of the new regime. Even Ahmad Challabi wouldn't have suggested anything more if Iraq had nukes.  

“If Indian democracy collapses, in my view, democracy on the planet suffers a very serious, possibly fatal blow.

Democracy has already collapsed if a dynasty rules it.  

So, it is important for you too. It is not just important for us. We will deal with our problem, but you must be aware that this problem is going to play out on a global scale.

How? The answer is 'Hindu Terrorism' which Rahul warned the Americans about over a dozen years ago.  

It is not just going to play out in India and what you do about it is, of course, up to you. You must be aware of what is happening in India — the idea of a democratic model is being attacked and threatened,” he added.

But no democratic model makes room for a Dynasty presided over by a foreigner who happened to marry an airline pilot who only inherited the throne because his brother turned out to be shite at performing aerobatic stunts.  

However, the BJP particularly picked out one of his statements to allege that Gandhi sought foreign intervention in India’s internal affairs – something which, according to the BJP, compromised India’s autonomous position in the world.

India needs to push back against anti-national propaganda no matter what its source. Manmohan understood this.  

However, Gandhi on his part only reminded the audience at the events that the western powers like the US and the UK which pride themselves as defenders of democracy have been “oblivious” to the systematic erosion of democracy in India.

Though no such thing obtained. Dynasticism has declined. Varun may rise to become a Minister or CM or even a PM. But if he does so, it will be on the basis of merit, not birth. 

Here is what Gandhi said at his first event at Cambridge University:

“Everyone knows and it’s been in the news a lot that Indian democracy is under pressure, is under attack, right.

Rahul is attacking the democratically elected Govt. of India with vicious lies. He wants foreign help. That is the truth of the matter.  

I am an opposition leader in India and we are navigating that space. What is happening is that the institutional framework which is required for a democracy – Parliament, free press, the judiciary – just the idea of mobilisation, just the idea of moving around…these are all getting constrained. So, we are facing an attack on the basic structure of democracy.

In which case the matter is justiciable under Indian constitutional law. Why is Rahul not approaching the courts? It is because he is telling lies.  

In the Constitution, India is described as a Union of states

No. It is described as a Nation which has elected to be a Republic so as to assure the unity and integrity of the Nation. As a matter of administrative law, India has a Union Government as well as State and Union Territory governments. But it also has Municipal corporations and gram panchayats. This does not alter the essential unitary character of the constitution.  

and that Union requires a negotiation and a conversation.

No. Majorities in Legislatures are not obliged to negotiate with crazy liars.  

This is increasingly coming under threat.”

Only in the mind of a cretin. 


Similarly, speaking with journalists at an event organised by Indian Journalists Association in London, he said:

“People do not understand the scale of India and its democracy. So, how would you react if democracy suddenly disappeared in Europe? You would be shocked and you would be like ‘oh my God’ that is a massive blow to democracy. Well. how would you react if a structure three-and-a-half times Europe suddenly went non-democratic. That’s happening already. That’s not something that is going to happen in the future. It already happened.”

But it hasn't happened. Congress won Himachal because Rahul stayed away. If Rahul had killed himself twenty years ago, Congress might still be in office.  


Taking a leaf out of the same argument, Gandhi said at the Chatham House:

“The surprising thing is that the so-called defenders of democracy, which are the US, European countries, seem to be oblivious that a huge chunk of democratic model has come undone. The opposition is fighting the battle and it is not an Indian battle alone, actually it is much more of a bigger battle, a battle for a huge part of democratic people.”

In which case 'defenders of democracy' need to impose sanctions on India. Also they should refrain from military cooperation. 


In his speeches, Gandhi also mentioned that his phone has been under surveillance,

but has provided no proof of this to Indian authorities. 

and that criticisms of the opposition are shut down by the government’s heavy-handed use of power.

How then did Congress win in Himachal and AAP win in Punjab and Delhi?  

He alleged that discussions on controversial matters like demonetisation, problems with GST, or farmers’ laws, or even the Chinese aggression at India’s borders are not allowed to take place in the parliament.

He is lying. Surely the Wire must be aware of this? 

“So, that stifling made us ask ourselves a fundamental question…How do we communicate with the people of India when the media is biased and when the institutions are captured?

Rahul can only communicate in one way- by telling stupid, hysterical, lies.  Still, there is nothing objectionable about a politicians claiming that everybody hates him and wants him to fuck off and die. 

The answer we came up with within the Congress party was this walk (Bharat Jodo Yatra) across the country,” he said, while alleging that the opposition is finding increasingly difficult to communicate with people with the supposed takeover of platforms like media and other institutions by the union government.

Hopefully, Rishi Sunak will start hopping across the UK so as to stay in office.

The criticisms may have touched a raw nerve of the BJP’s, especially at a time when Prime Minister Narendra Modi is being projected as a global leader by his party, which has systematically attempted to show India as the new global superpower.

India needs to take every legal and diplomatic step to hit back against woke NGOs or Soros type nutters.

In fact, much of such a projection is likely to play a huge part in the saffron party’s campaign for the 2024 parliamentary elections.

That would be as foolish as 'India shining'. Voters don't care how the world views them. They want to be more secure and better off. 

However, what may have also offended the BJP is Gandhi’s straight criticism of the Rashtriya Swayamsevak Sangh in London, prompting the RSS second-in-command Dattatreya Hosabale to attack the Congress leader.

Being attacked by the mooncalf is good for the RSS.  

Many RSS leaders also double up as BJP’s leaders. Also, the Sangh Parivar has a sizeable foreign presence and has been very active in drawing attention to the BJP’s campaigns in India and amplifying Narendra Modi’s larger-than-life image abroad.

It is true that the RSS is pro-India and Diaspora Indians influenced by the RSS support Indian interests which, it must be said, are aligned with those of other Democracies. 

Against such a backdrop, Gandhi compared the RSS to the Muslim Brotherhood and called the organisation a “fascist and fundamentalist outfit”.

 Rahul is a very silly man. He has been sentenced to two years imprisonment for uttering a slur against the Modi community. The sentence has been suspended for 30 days so a higher court may reverse the decision. Otherwise he will be barred from Parliament. He must be wishing he hadn't torn up Manmohan's ordinance on this back in 2013.

The RSS was set up in imitation of the Congress Seva Dal. If it is 'fascist', so is the Seva Dal of which Nehru was a prominent member. Rahu's grandfather, of course, was an actual Italian Fascist. No wonder Sonia got on so well with Indira. 


“When I joined politics in 2004, the democratic contest in India used to be between political parties

The PM was Vajpayee- a RSS member- and the Deputy PM was Advani- also an RSS member. Modi was CM of Gujarat while Congress's candidate in Gujarat was Vaghela, also an RSS member. The Jan Sangh was created by the RSS. It joined the Janata coalition which fell apart on the dual membership (of the RSS) issue. That's when it turned into the BJP.  

and I had never imagined that the nature of the contest would change completely. The reason it changed is because one organisation called the RSS, a fundamentalist, fascist organisation has basically captured pretty much all of India’s institutions,” he said.

Why was Vaghela in Manmohan's Cabinet?  

“The RSS is a secret society.

Nope. It is a perfectly legal organization to which people are proud to openly belong. Maybe Sonia didn't tell her little darling that Vaghela Uncle was an RSS man. She kept it secret from him. She also didn't tell that Grand Pa was a Fascist.

It is built along the lines of the Muslim Brotherhood

the RSS was set up by Dr. Hegdewar on the lines of the Congress Seva Dal to which he also belonged and which had been set up by his pal from Medical College, Dr. Hardikar. Both were influenced by the Anushilan Committees of pre-War Bengal. The Muslim Brotherhood was set up a few years later.  

and the idea is to use the democratic contest to come to power and then subvert the democratic contest afterwards.

That was a Communist strategy. It isn't the RSS strategy.  

It shocked me how successful they have been at capturing the different institutions of our country. The press, the judiciary, Parliament, the Election Commission and all the institutions are under pressure, and (are) controlled in one way or the other,” he added.

There speaks the voice of paranoia. Even Vaghela Uncle was RSS! Did you know Speaker of the House, Sumitra Mahajan, was an RSS woman? Why she was not wearing khaki shorts? I tell you, it is all a big conspiracy! 

Gandhi has been making these criticisms against the BJP and the Sangh parivar consistently since the last few years. His opinions were amplified even more by the Congress during the recent Bharat Jodo Yatra. His statements in London weren’t new except for the fact that they were spoken in front of an international audience.

Very true. Rishi Sunak was there and Joe Biden. Putin popped in for a moment but left when he saw the Pope arrive. This international audience screamed with joy when they saw Rahul baba.  


Political observers may ask whether it was prudent for Gandhi to take his criticisms abroad or not, given that he has faced similar attacks by the BJP each time he has spoken in front of an international audience in the past. However, Gandhi in making his criticisms has not hesitated in opening himself up to such attacks.

I suppose, his thinking is that if he is barred from Parliament then he will have more time for foreign holidays.  

Many on the other side of the government have privately been saying that Gandhi and the Congress may need to define the contours of its criticisms, especially since high-pitched nationalism has been the biggest draw for the BJP in electoral battles. Now as the Lok Sabha elections are only a year away, critics feel that the Congress may need some strategic thinking to better focus on palpable problems of people under Modi, like inflation, unemployment, and a general erosion of social harmony in India – issues that could bring Gandhi closer to the electorate and his own party’s rank and file.

Saying inflation is bad and that unemployment sucks ass big time is not enough. In Karnataka, Congress is offering a straightforward bribe to jobless graduates. That may get it some votes. Money talks. Bullshits walks from Kanyakumari to Kashmir.  


But such electoral considerations do not seem to have stopped Gandhi – so far – from being a straight-talking politician.

His walking is his strong suit. Talking- not so much. Who knows? Perhaps, he will talk his way into another criminal defamation case and end up behind bars. 

Sen on Micturition & Development strategies

Strategy means 'a plan of action designed to achieve a long-term or overall aim'. Different tactics may be used at different times as part of a given strategy. A 'Development strategy' is a plan designed to make socio-economic growth more rapid. It can either be 'mimetic' and involve 'catching up' with a more developed country or else it can be sui generis and aim to create a type of society for which no concrete model exists anywhere. 

It is easy to evaluate economic strategies for countries with little 'fiscal headroom' . If they run out of money, the strategy was misconceived. Either a Development Strategy boosts tax revenue faster than it adds to the Deficit- in which case it is sensible- or it has the opposite effect, in which case it is foolish.

This is common sense- but not to Amartya Sen who wrote, in 1996
The need for a development strategy can be denied at two rather different levels.

No. Not having a strategy is still a strategy- a laissez faire one. The fact is, if there is a Government budget, then there has to be a plan- or strategy- to secure revenue to cover expenditure. 

First, it could be argued that public policies, in general, do not actually facilitate economic development. Perhaps the government could do better by letting well alone, and by permitting people to pursue their private gains, without let or hindrance. The point is also made that the rich countries today were once poor too, and managed to achieve development without any fancy public policy for economic development.

But they had fiscal policies and thus a plan of some sort to cover Government expenditure and pay for Public Goods. 

Why can't the poor countries today do much the same?

Because there is a reason they are now poorer. Generally this has to with the fact that rural women are having too many babies. Get the women in to big factory dormitories. They will quit after a few years but then go on to have just one or two babies. But those babies will be educated and well nourished. That's how you get demographic transition. This also means that 'club goods' can be funded by local taxation and this leads to 'Tiebout sorting' as people leave bandit ridden shitholes and move to the bright lights of the city. 

Second, even if it is thought that there is a reasonable case for having some public policies for economic development, it could be doubted that these policies should take the form of some great design that the government should try to impose on the economy. The doubt here is not about the need for public policy, but about having it in so grand a form that it could be called, without blushing, "a development strategy."

This is nonsense. It is obvious that a strategy which sustainably and consistently boosts tax revenue is a 'development strategy' because the country is developing, it is growing, it is overtaking other similar countries which have followed a different path. 

An alternative would be to leave matters to rational microeconomic evaluation and to cost-benefit analysis of projects, and then to accept whatever overall pattern results from such evaluation and analysis.

This is not an alternative. Cost-benefit analysis costs money. Even it is supplied gratis, it does not actually promote any 'over all pattern' because people keep telling it to fuck off or else it will get its fucking head kicked in.  Sen forgets that CBA only happens if Government money is going into the project or else there is a legal requirement. If tax revenues rise as a result, the thing 'pays for itself' or yields a profit. No doubt some 'externalities' may arise. But there too fiscal policy- e.g. 'Pigouvian' taxes or subsidies- has salience.

My point is that 'Development strategies' are part and parcel of Government budgeting. As with private investment decisions, what matters is whether the 'thing pays for itself' or else yields utility to the tax payer as 'collective consumer'. 

Scepticism of "development strategy" can combine well with an affirmative belief in governmental cost-benefit analysis

Skepticism of Socialism or Government control of the economy is one thing. But if there is a budget, then there is a development strategy because Governments need to ensure that they will have rising not falling tax revenue.  

These sceptical questions are important to address.

No. It is obvious that bureaucrats and politicians shouldn't control enterprises. They simply lack the necessary skills or motivation. 

In responding to them, it is useful to note that a development strategy need not be particularly despotic,nor be a very grand and neatly designed scheme. It is mainly a question of what a government can sensibly do on a systematic basis, and what approach it should take in deciding on what it can sensibly do.

This depends wholly on the budget. If what you are doing leads to more tax revenue and a smaller deficit as a proportion of National Income, you are on the right track, ceteris paribus.  

When Sen was a young man there was a theory that rich people were idle. Poor people were forced to labor but only paid enough to keep body and soul together. Thus they had no incentive to become more productive since the idle rich would swoop down on them and confiscate the 'surplus value'. It was in this context that things like land reform and 'super-tax' for the idle rich were considered a panacea. Sadly, increased equality didn't actually mean increased opulence. It meant a large and costly bureaucracy and a vast machinery of tax evasion and avoidance. The talented ran away. The fiscal deficit gave rise to 'Stagflation' as politicians printed more and more money to balance the books.

Sen ignores these developments though he emigrated to England just when this problem had grown acute. 

He writes- 

in addition to favouring general economic development, any responsible state has to consider issues of equity and disparity.

No. A responsible state has to tell its citizens that taxing the supposedly idle rich won't help, it will harm, the working population. That's what happened in the UK and the US. Thatcher and Reagan were re-elected by working class folk. Even the Scandinavians gave up on 'solidarity wages'.  

Even very fast economic development can neglect some people,

but collective insurance can provide them a social minimum. This is pure fiscal policy.  

while others do extremely well, and there is no escape from encountering distributional issues. How the distributional problems are to be tackled by the state, the civil society and social groups remains an important question, but the concern for social justice cannot be brushed aside in thinking about the promotion of economic development.

The history of every country since about 1970 shows that the opposite is the case. There is no constituency for fiscal redistribution save perhaps in some small, relative homogeneous nation states. But, even there, mass immigration is causing voters to rebel against high taxes and generous welfare provision.  

Sen does mention 'Financial prudence' as relating to Development Strategy. He doesn't get that all Accountants- even those who work on the Government budget- have to be prudent. He says- We may however ask: why is financial prudence so important for determining development strategies anyway?

The answer is that development stops when you run out of money. You can't service your debt. The IMF scolds you and makes you cry. 

The answer  lies in the recognition that immoderate inflation brought on by fiscal indulgence and irresponsibility can extract a heavy price  on the real economy.

Sen, poor fellow, was only taught about 'closed economies'. How was he supposed to know that countries can borrow and trade with each other? Yet, Sen was in India when successive Plans had to be put on hiatus because the country ran out of foreign exchange. Prudence should have counselled only green lighting projects which would quickly earn more hard currency than was sunk into them. But Ind's Sen-tentious cretins hadn't been taught Accountancy. They only knew some garbled 'mathematical econ' which was based on crap math and crappier econ. 

Financial prudence demands that we must take note both of (1) the identified economic costs of budget deficits and their likely inflationary implications,

only the Balance of Payments matters. If f.d.i is flowing in and economies of scale and scope are being exploited there are no 'inflationary implications' though, no doubt, you will have bubbles in real estate and some areas of the stock market. 

and (2) long-run risks of macro-economic instability, and that can be done in assessing alternative choices of development strategies,

no, it can't. We don't have the relevant information. One plan is as good as another till Reality bites back.  

paying full attention to the direct as well as indirect effects of social development,

which are known only to God. We have no access to any such information. What we do know about is the budget. Good accountants can forecast it well enough in the short to medium term. This means you change tactics depending on the projected deficit.  

in terms of their overall impact in enhancing the lives of people.

Fuck that. Just concentrate on the budget. Nobody knows what will or won't enhance the 'lives of people'. Maybe, starving and muttering 'Ahimsa! Ahimsa!' while the Chinese invade will make them very very happy.  

The costs associated with the budget constraint will apply to all alternative avenues of public spending, and the case for social development has to meet that test of doing comparatively well.

Fuck does this mean? There's a budget constraint and therefore you need to keep costs down while trying to boost revenue without killing the golden goose that is the tax paying sector. Otherwise, there will be no fucking 'social development'. Instead the IMF will turn up and make fun of your puny genitals and you will cry and cry.

It is sad that people like Sen wasted their lives- and destroyed the life chances of hundreds of millions of Indians because they didn't know that

1) India is not a closed economy. Apparently there's something called Planet Earth which has many countries. India trades with them or, if it can't trade with them, then Pandit Nehru goes and tries to beg for food or money from them

2) Economics is just an extension of Accountancy. Plans are about what to do with the money that is coming in. But all that matters is that money comes in. If it doesn't you don't got a fucking Plan and the IMF will come and scold you and scold you and you will run weeping to Mummy but she will give you tight slap when she discovers you fucked over the economy instead of getting a job with a Multinational.  

Finally, there are important questions of ends and means in deciding on the concept of development. 

No there aren't. Economic Developing is about having more and being more secure. That's it. Nothing else matters. Spiritual Development may be about getting by with less and spending every moment in dread of the Day of Judgement. But Economics is not concerned with Eschatology. Fiscal policy reflects Development Strategy. If the money runs out, there is no fucking Strategy- just a Plan that failed or was put on hiatus. Sen should have known this better than anybody. The Second Five Year Plan ran out of money. Only budgets matter. Gassing on about 'choice of technique' or 'Project Evaluation' was useless. You had to approve whatever got funded. Sen and his best pal wrote a paper saying as much. Then Sen ran away to England with his best pal's wife. He had to pretend he knew about Development. He didn't. Development is about budgets. Do stuff which pays for itself in terms of higher tax revenue down the road. If you don't, you run out of road. 

There is much evidence that the big upward jumps in life expectancy in Britain during the decades of 1911-21 and 1940-51 were connected with the increased use of public distribution of food

fuck off! 'Voluntary rationing' only began in 1917 and it wasn't till February 1918 that everybody got a ration book. I suspect the Bolshevik Revolution had something to do with this. 

and health care in the war years, related  partly to the culture of sharing during those beleaguered times.

No. There was a great increase in female participation in the work-force. Indeed, there could have been no expansion in the public distribution system or in health care without female labor. Germany had much lower female participation and saw a significant drop in life expectancy- including starvation deaths- though it initially had greater state capacity in these areas. 

There were other factors to do with diet and lifestyle which were important. Germany, which introduced rationing in 1916, followed a foolish Food strategy- killing off the pigs on the grounds that they were 'co-eaters' lowered agricultural production. Various 'ersatz' food stuffs promoted by the government turned out to be useless or harmful. There was massive mortality as a result of 'food availability deficit'. 

Indeed, even though the average quantity of food 7 0.3 consumed in Britain during the war years fell significantly, cases of acute undernourishment virtually disappeared in the same period, because of the guaranteeing of minimal nutrition through public distribution systems.

Tegart, who had crushed the Revolutionaries in Bengal, was given the job of cracking down on the Black Market. But it was the civic sense of the Brits- and things like moving kids from urban slums to rural areas- which made all the difference.

Sen doesn't seem to understand that how a country responds to an existential threat has a lot to do with how 'developed' it already is.  

 Public health and nutritional care are also "economic" matters,

but they are a function of Development in previous decades or- in the case of England- previous Centuries. The Elizabethan Poor Laws had criminalized idleness among the poor. The Work House literally made everybody who was poor work long hours in the most tedious manner possible. Still, without the safety valve of emigration on the one hand, and the immigration of enterprising folk on the  other, the condition of the poor would have remained dismal.  

and since they do influence the variables that make a difference, why should that part of the story not come into the choice of development strategy, going well beyond the pursuit of fast economic growth?

But health and nutrition is reflected in productivity which is what causes economic growth. There is no need to consider them separately save under extraordinary circumstances- e.g. a total war. The GNP matters because it is directly related to how much tax revenue can be raised. Fiscal policy should try to increase that revenue without harming work incentives or lowering the material standard of living. That's why GNP- not virtue signaling bullshit- matters for Development Strategy. 

One might as well say 'Like health and nutrition, defecation and micturition are vital aspects of human welfare. Why should questions re. access to places in which to shit and piss not come into questions regarding the choice of development strategy? It is commonly believed in the UK that a pregnant woman has the right to relieve herself in a policeman's helmet. Sadly, the Law Commission has rejected this view. Is it not the case that Rishi Sunak's Development Strategy must reinstate this traditional right so as to positively impact the capabilities and functionings  of not just pregnant British peeps but blokes who look like we might be preggers and, having spent all day in the pub, are busting for a wee?  


Wednesday, 22 March 2023

Ram Guha thinks India is an 'unnatural nation'!

In an interview with Scroll magazine, Ram Guha says India is an 'unnatural Nation'. This could certainly be said of Pakistan but not India which, like Egypt and China has been recognized as a Nation for thousands of years.


You describe India as an unnatural nation. How did you reach that conclusion?


The original title of this book was actually “Unnatural Nation”. I’m glad I eventually chose something more bland and more descriptive because that phrase comes from reflecting on the history of European nationalism. The Greeks were not nationalists,

They were Pan Hellenic from at least the fourth century BC.  

nor was the Mauryan empire.

The Mauryas fought against 'mleccha' invaders- including Greeks- and expelled or assimilated them.  

Nationalism is a modern phenomenon

No. It is ancient. It evolved out of tribes which shared a language coming together to either resist invasion or to grab territory from neighboring Nations or Empires. 

dealing with a modern nation state which constructs boundaries – boundaries that are rigorously policed.

Nonsense! Plenty of nations don't bother policing their borders. The expectation is that immigrants will assimilate.  

In that territory, which is now circumscribed and defined and claimed by a particular nation, there are certain markers of national identity.

There may be or there may not be. Nationality is a Tarskian primitive. Consider the conflict in Ukraine. It comes down to a question of whether Ukrainian with Russian as a mother tongue belong to Russia. It appears that many such people are now consciously learning and speaking Ukrainian. Putin has only succeeded in making Ukrainians more nationalistic.

In 19th century Europe, these markers were a common religion, a common language and a common enemy.

This is false. An Alsatian Protestant or Jew felt he was French not German. Many such- e.g. Alfred Dreyfus- moved to French territory and enlisted in the Army hoping to win back Alsace and Lorraine for France. 

So in England, Catholics were considered second-class citizens,

only to the same extent as Jews and Non-Conformists. But that had ended by about 1830.  

while in France, Protestants had that status.

till 1789.  

India was very different in its constitutional conception.

Not really, non-Muslims had second class status in Muslim ruled territories. This ceased to apply in the eighteenth and early nineteenth century as British power expanded.  


As I say in this new edition, the object of the current regime is to make us more of a natural nation, with one religion, one language and one enemy.

This happened in 1946. Muslims voted overwhelmingly for the League and got Partition. But Gandhi, in 1939, said the INC was a Hindu party. He demanded that the Brits hand over all power- especially over the Army- to the INC.  

Pakistan was a natural nation.

Nonsense! The very word was invented by a crackpot whose property was confiscated by Liaquat. The poor fellow was deported back to England where he faced considerable financial difficulty. His old College is said to have paid for his burial.  

Everyone must speak Urdu.

Plenty of Baloch and Pathans refuse to do so. Anyway, the country was split up. Bangladesh went its own way. Sadly, that way did not preclude persecuting Hindus.  

It is a Muslim country and India is the enemy.

India only coheres because it is a Hindu country. Where Hindus are not in the majority, there is separatism. But plenty of nations have a fringe of this sort.  

It is a perfect European nation in South Asia – and we are becoming a mirror image of that, a sort of Hindu Pakistan.

That happened in 1947. Nehru passed a law preventing Muslims refugees who had fled across the border from returning to claim their property and take Indian citizenship. 

Or at least the attempt is to make us that.

This happened a long time ago. Muslims were deprived of reserved seats and any type of affirmative action (e.g. for Muslim Dalits) by Nehru and Ambedkar. Hindi in Devanagari script and cow protection were written into the Constitution of 'India that is Bharat'.  


As you chronicle India’s triumphs and tumults over the past 75 years, you note four main axes of conflict. What are they and what is preeminent at this point?

Once Muslims had been chased away or cut down to size, the first threat of conflict independent India faced had to do with the Communists. They were beaten or killed till they learned to play nice. 

The second conflict had to do with reducing the power and autonomy of the 'Presidency' states and concentrating power in the hands of the PMO. The financiers of Congress were deprived of further influence. The Planning Commission and the License Permit Raj made Capitalists into supplicants. 

The third conflict had to do with the reorganization of the States and Union Territories on various grounds. 

Finally, when Congress became openly dynastic and corrupt, there was a conflict about kicking out its stupid or useless hereditary leaders, unless- of course- they were simply assassinated. 


There are probably more than four but there’s religion, language, caste, class, gender.

This could be said of Lichtenstein!  

And now, there’s a sixth – region – North vs South.

Which is also true of the UK or Italy! A historian must look at what makes the country he is studying different from other countries. 

I think religion is emerging as the pivotal point not just of conflict but also of discrimination because there’s a systematic attempt to make Indian Muslims second-class citizens.

That happened long ago! The Muslims were one third of Delhi's population when Nehru came to power. Within a year, there were only five per cent left! The Custodian of Evacuee Property kept persecuting wealthy Muslims till they ran away.  

It’s an attempt that is political, ideological, legislative, social and economic.

Nonsense! After 9/11 many countries have passed laws which, prima facie, target Muslims. But as the terror threat subsides, Islamophobia subsides. Voters understand that the problem is caused by a handful of people whom the police are welcome to crack down upon.  


But the other conflicts are also playing out. That’s part of the reason I describe India as a reckless political experiment:

This is crazy. Pakistan was a reckless experiment which failed spectacularly in 1971. Indira's dynasticism was a reckless experiment- but assassination tempers autocracy. The plain fact is that India is 'anti-fragile' precisely because it isn't an experiment at all. It is a continuation of what the British created. But they too were building on pre-existing institutions.  

so large, so diverse, so divided and yet trying to hang together by a thread

Hinduism's sacred thread- which, it turns out, is plenty strong. 

and also trying to run its politics democratically.

Dynasticism is not democratic.  

The historian Eric Hobsbawm, who

was a Lefty nutter whom the English ignored. 

was a notorious sceptic about the Indian democratic experiment, said that multinational, multi-linguistic states don’t work except in the Soviet Union

where Russian predominated 

 and the Austro-Hungarian empire.

Where German predominated. Hobsbawm hadn't noticed that plenty of people in the UK speak Welsh. Canada has a lot of French speakers. America has plenty of Hispanics.  As for countries like India or South Africa or Nigeria- English is good enough as a link language though, no doubt, Hindi has spread much faster than many would have envisaged when I was a young man. 

India was trying to defy that.

It didn't need to defy anything. It just took and improved on the machinery left by the Brits. It is true that Kamraj thought he couldn't be PM because he wasn't fluent in either English or Hindi. But Deve Gowda showed the thing could be done- if the Dynasty permitted it.  

That is the greatness of our national experiment and I still hope we don’t lose sight of this.

No fucking experiment is involved in taking over and improving on stuff the Brits had spent a century and half building up.  


I’d say religion is the most visible fault line today particularly because it is a tacit aspect of the ideology of the ruling party, not an obvious, explicit aspect.

Yet Gandhi said the INC was a Hindu party in 1939! It was obvious that Hinduism is the glue holding the country together.  

If you look at Hindutva, it’s a peculiar mixture of paranoia and triumphalism – we will certainly win, we will rule the world, but everyone is against us.

The West was certainly against Islam- 1.3 million Muslims were killed and tens of millions were displaced by the 'War on Terror'. Hindus are right to fear the Hinduphobia of the American Academy. Rahul explicitly demands support from America to re-establish the reign of his dynasty. Guha is a useful idiot who parrots Congress propaganda.  

Hindus feel besieged in their own country.

Unless they run away from Muslim majority areas- e.g. Kashmir Valley. Indeed, Rajiv Gandhi won by a landslide in an Election where Congress asked the question 'will the border move close to you'? Rajiv himself was projected as Lord Rama. Sonia, it must be said, was an obedient 'pativrata'.  

This is something that is uppermost in my mind, but other conflicts also simmer. In my book, I talk about the North-South conflict and what that might mean – particularly in 2026 if we lift the freeze on delimitation of Parliamentary seats and the more backward, reactionary patriarchal parts of India have an even greater role in our national politics.

 The seat redistribution will have to wait for the 2031 census. Still, Stalin should find a better partner at the National level than the idiot Rahul. 

So there are different faultlines in the Republic and at different points of time one or the other is more dominant.

Currently, there is only one 'fault-line'- viz. the utterly useless Rahul. Only once he is out of the picture can a rival candidate to Modi (or, after Modi, Yogi) emerge.  


Even as you note the axis of conflict you say that there are forces that bind us together. What are these forces that have kept India together?

Hinduism. That's why Indira fought a court case to get her sons declared Hindu. Even Sonia ensured that her daughter went through a Hindu form of marriage though she asked for the Catholic Church to bless the union. The Delhi Archdiocese refused.  

Historically, there’s the Constitution,

which was immediately amended 

there’s the federal system,

there is no federal system. The 1935 Act had made provision for the creation of a Federal Government but nothing of the sort ever materialized. The Constitution is unitary. Still, in the nature of things, for most people, it is the State Government, not the Central Government, which is more important. The question is whether Modi will go down the road of 'subsidiarity' and 'Tiebout sorting'.  

there was the Congress but it isn’t really a pan-Indian party anymore

It is dynastic but the dynasty is dying nasty. 

so it doesn’t play that role. There’s the market, freedom of movement.

Less so than under the Brits- more's the pity. 

There’s always a battle between forces that unite and forces that divide.

Guha is with the latter. 

It’s an open question where this will go.

In South Asia, Religion has high Income elasticity of demand. Hinduism will get stronger.  So will Islam- but Muslims will concentrate on getting ahead through 'Tijarat'- i.e. hard work and enterprise. But so will everybody else. There will be more Dalit millionaires and, sooner or later, a Dalit Prime Minister. That's a very good thing. 

One of the slightly depressing things about reading the book is you realise that some conflicts have never gone away – Kashmir being the prime among them. You’ve thought a lot about Kashmir. How do you see a just resolution in Kashmir?

Stop throwing money at the problem. The Valley will remain a 'spite-slum' funded more and more by its own diaspora. But this scarcely matters to the rest of the country.  

Of course, now it is so much more difficult. But in the very recent past, we could have got somewhere near a just resolution of the Kashmir conflict, both during Atal Bihari Vajpayee’s term as prime minister and under Manmohan Singh.

Nonsense! Both were credulous fools. Still, Vajpayee gained by seeming 'Nehruvian'. 

There are many reasons why we didn’t, but I’ll just focus on one –

Pak sponsored terrorism. That is obvious. But Guha is too stupid to say so.  

the mala fide and malicious role of the Opposition.


After Vajpayee went by bus to Labore in 1999 and there was talk about a resolution of the Kashmir dispute, he made a famous speech in Srinagar

in April 2003 

where he said the solution was in the realm of humanity, not just the Constitution.

Terrorism isn't very humane is it? The fact is Vajpayee's Kashmir policy was an abject failure. He put his own place in the history books ahead of the country's interests.

At the time, the state government of Kashmir was a coalition of the People’s Democratic Party and the Congress. He was the first Indian prime minister to go to Srinagar in almost two decades and make a speech of peace and reconciliation, and the Congress boycotted it. I would hold Sonia Gandhi as Congress president responsible here.

This is foolish. Mufti Mohammad Saeed, who was Home Minister during the exodus of the Pandits from the valley, had the deciding voice. Within Congress, it was Ghulam Nabi Azad who gained most- or so it appeared at the time.

Fast forward to 2007 when Manmohan Singh as prime minister was in conversation with the Pakistanis. A lot of able diplomats on both sides were trying to work out how to convert the Line of Control into an official border. What happens? The BJP starts an agitation, blocking the road to the Valley from Jammu so that even medical supplies can’t go in.

That didn't matter in the slightest. It was the attack on the Taj hotel which killed off any possibility of rapprochement.  

Now it’s bleak, particularly because of the awful abrogation of Article 370.

Which was only possible because the Bench, in 2016, said J&K had 'no shred of sovereignty'.  

It’s been three-and-a-half years. They’re still a Union Territory. There’s no sign of elections. God knows what kind of redistricting is going on.

But none of this matters in the slightest. There are votes to be had for striking back at Pakistan based terrorists. There are none in babbling about 'humanity' and peas and lurve. 

But if you look at those two extraordinary missed opportunities,

there were no opportunities. Only by hitting Pak based terrorists can you hope for peace. Having an offensive doctrine is what matters.  

you would have to blame first the Congress and then the BJP for putting their petty party interests over not just national interest but also the possibility of peace in South Asia.

It is the Pakistani Army which destroyed the possibility of peace along its borders. But a bankrupt Pakistan will have no choice but to become more peaceful- more particularly as it becomes the target for more and more terrorism.

Staying with the bleak, just past the halfway mark, we get to the Emergency – the period of darkness that’s frequently invoked by the BJP and the RSS as a time in which their ideological predecessors mounted a glorious resistance to Indira Gandhi’s dictatorship. What role did the RSS and the Jan Sangh really play during that period?

First Lohia and then JP brought the RSS into opposition politics. Sadly, 'dual membership' is the issue which sank the ungainly Janata coalition. The BJP did ultimately emerge as the one competent successor to Janata but this was by no means inevitable. All in all, the Jan Sangh took a hit for being part of that disastrous coalition. It was the Rath Yatra which put them on the path to power. India is mainly Hindu and Hindus want a big Ram Temple in Ayodhya. Thanks to the Bench, that is precisely what they are going to get.  

They played some role. The major Jan Sangh leaders were in jail

because the RSS had provided the man-power for both JP's 'sampoorna kranti' as well as 'Nav Nirman' in Gujarat. The ABVP, in particular, kicked ass. 

along with the major socialists and the old Congress and Swatantra Party leaders. Some student leaders of the RSS were in jail.

Others played a less glorious role. The sarsanghchalak Balasaheb Deoras was in correspondence with Indira Gandhi. But they were a part of the democratic opposition – that cannot be denied.

To their credit, they weren't interested in sabotaging the country. What they opposed was misgovernment.  


And now, the Emergency is frequently invoked today by critics of the Modi government when they point to suppression of dissent and free expression. How appropriate is that comparison?

It isn't. The fact is 'dissent and free expression' has turned into anti-national Hindu bashing. Ram Guha is saying India is 'unnatural' whereas Pakistan is perfectly fine. This sort of stupidity helps the BJP. People like me- whose families have always been pro-Congress- suddenly started to think well of Modi. He is smart and focuses on doing his job properly. 

There are very interesting parallels and similarities.

Where in India today is there a politician with the status of JP? Equally, where is there a Sanjay Gandhi? Rahul may be a mooncalf, but he is not a homicidal thug.  

I was a college student in Delhi at the time, so I remember it quite vividly, apart from having studied the records and written about it.

Did Guha go underground to overthrow the Dictator? No. He understands nothing about that time. Frankly, few Tambrams did. We agreed with Vinobha that 'anushasan' (discipline) was the need of the hour.  

And, of course, we are living through this time.

Modi has arrested Stalin and is torturing him just as Indira had him arrested and tortured. 

The parallels are clearly the attack on institutions by the Union government and the creation of a personality cult around the prime minister.

But, under Manmohan- who had no personality- those 'Institutions' were shown to be corrupt and useless.  

In this new edition, I quote some remarks by JP Nadda, the president of the BJP, on Narendra Modi’s 71st birthday, which are very similar to the kind of things that Dev Kant Barooah as president of the Congress used say about Indira Gandhi.

But they are not as bad as what Govind Vallabh Pant said about the Mahacrackpot- viz. that he was the Il Duce and Fuhrer of India. The difference is that Modi rose by merit and is currently the most popular elected leader in the world.  


There are also differences, some which are cheering. For example, the fact that during the Emergency, the Congress was in control of every major state except for Tamil Nadu.

Karunanidhi- who had allied with Indira to become CM- was dismissed in January 1976. 25,000 DMK workers were arrested. Karunanidhi's son, Stalin was tortured. The health of some others was permanently affected. Prominent party functionaries like C Chittibabu MP and Sattur Balakrishnan lost their lives. President's Rule was imposed in February 1976. Ram Guha is himself of Tamil origin. He is a few years older than me. If I can remember what happened when I was 12 in my ancestral State, why can't he though he was a College student at that time?

Today, the BJP does not rule over large parts of Southern and Eastern India, nor does it rule over the important state of Punjab.

It lost Himachal because Congress put up a good fight and Rahul stayed away.  

But there are some differences that are depressing, particularly the majoritarian cast of the ruling party and the prime minister, which was absent in the Congress of the 1970s.

It was dynastic. Sycophancy alone- and a willingness to get your hands dirty- led to promotion. The alternative was torture in a jail cell.  


Towards the end of the book, you refer to a work written by Rajni Kothari in 1970 in which he spoke of the Congress system of Indian politics. Kothari noted that for many years after Independence the Congress had “presented itself as the authoritative spokesman of the nation as well as its affirmed agent of criticism and change”.

Congress could kill you or lock you up if it didn't like the look of you.  

That Congress system has since been replaced by the BJP system. What characterises this BJP system?

Booth management and 'last mile delivery'. But other parties are catching up. They hire Prashant Kishore. They don't listen to cretins like Guha- who has turned into the Huccha Venkat of modern Indian historiography. 

The BJP, like the Congress, is a pan-Indian party.

It is becoming so. By contrast, Congress had a branch in every town, and many villages, by 1930.  

It has national ambitions. It wants to be here forever. It has a charismatic prime minister. It wants to impose its ideology on not just political and public life but on the legislative system as well.

This is true of any and every political party.  

It’s a different ideology from that of the Congress of the freedom struggle for sure

not really. Congress was nationalistic and promoted things like Cow Protection and Hindi as the National Language. In 1937, when Congress Ministries were formed, many Government Schools introduced the singing of 'Vande Mataram'. That's why the League became intent on Partition.  

– but it is a one-party dominant system, comparable to that of the 1950s and 1960s when the Congress was in the position the BJP is in now.

No. Opposition parties tended to represent factions which had previously been with Congress but which had ideological differences with it. This was not the case in TN where the DMK could be said to continue the policies of the Justice Party. Punjab's Akali Dal, too, was separate as were the Communist parties.  

I quote C Rajagopalachari, who had left the Congress in the late ’50s to start the Swatantra Party.

Because Congress had embraced Socialism at the Avadi Conference in 1955. The Second Five Year plan showed Nehru meant business.  

This is what he wrote in 1958 about the Congress, which was then hegemonic.

“If subservience and slavish adulation take the place of independent thinking

i.e. stop worshipping Nehru. He is a vain and stupid man. 

and criticism is never resorted to but with fear and trepidation, the atmosphere quickly breeds the political diseases peculiar to democracy.

Rajaji was a nominated member of the Madras Assembly. He quit in 1956. Was he pushed or did he jump? The truth is that Rajaji did not get on with Nehru- who was soft on Commies. He had left the Central Cabinet in 1952 itself on the grounds of 'health'- though the fellow was to remain hail and hearty for another 20 years.  Since Congress didn't do very well in the Madras elections in 1952, it was obvious that Rajaji (whose imposition of Hindi was still remembered with vehement hatred) was the last person Nehru should have imposed on Madras as CM. Why did Nehru do so? I suppose it was because Rajaji had strong anti-Communist feelings. He had opposed clemency for those involved in the Telengana uprising. But he was also a 'sambandhi' (relative by marriage) of the Mahacrackpot. Furthermore the Americans liked him. Still he was CM for only two inglorious years. It has been said that it was the Governor who imposed Rajaji- that too by nomination. Still, Nehru went along with it. I suppose Rajaji saw his role as CM as involving saving Madras for Tamil Nadu. He rejected the notion that Andhra Pradesh could share the City for even one day. I think this helped his 'Congress Reform Committee' to do quite well in subsequent elections. Still, the times were not propitious for a Right Wing party to gain much electoral support because the mass of the people needed an expanded Public Distribution System and many more schools- not 'caste based' instruction as Rajaji envisaged. 

'Without the free and critical atmosphere of a well-balanced democracy, India is witnessing the growth of the weeds of careerism. intrigue and various types of degrees of dishonesty.

Rajaji was a nominated CM- a bad one. Kamaraj was the man who understood the needs of the ordinary Tamil.  

And opposition is the natural preventative for such poisonous weeds and opposition is therefore indicated by the symptoms.”

Rajaji's career proves otherwise. But then, even Kamaraj and Bhaktavatsalam screwed up. By 1968, T.N was a Left 'Dravidianist' enclave. 'Reel Society'- i.e. film stars and scriptwriters- took over 'Real Society'. They did a better job than Gandhian nutters or Marxist lunatics or the stupid mathematical economists Nehru relied on.  

He also says, “When one party always remains in power and dissent is dissipated among unorganised individuals and relatively insignificant groups, when these groups do not and cannot coalesce, government will inevitably become totalitarian.”

Why should it bother becoming any such thing? The best 'monopoly profit' is a 'quiet life'.  Rajaji did not understand that there must first be Social Democracy before Market based reform becomes sustainable. You have to grow the market so that economies of scope and scale become available. 

This is Rajagopalachari writing in 1958 about Nehru’s Congress and it’s so strikingly resonant when you think of Modi’s BJP today.

How so? Is Modi a Socialist who is implementing 'license permit Raj' and going after Conglomerates which took the place of the Managing Agencies?  


In a volume she edited three years ago, Niraja Gopal Jayal

who does not understand that rights are meaningless unless they are linked to incentive compatible remedies- even absent a bond of law 

noted that the BJP doesn’t just want to reform India, it wants to re-form India.

Because reform re-forms things. Why not say 'the BJP doesn't just want to make India stronger, it wants to make stronger the country that is India'? 

What are the disjuncts you see with the past that the BJP has effected so far?

Modi is less crap than any PM we've had since Nehru's first term. 

We’ve already talked about religion and how it wants to remake India as a Hindu majoritarian state in theory and in practice.

Which is what Nehru & Co did back in 1947 

Some elements in the BJP – not the prime minister, but the home minister – want to impose Hindi on the South and the East, for sure.

Nope. They want Hindi speaking states to be able to replace English with Hindi. But Karnataka is welcome to replace English with Kannada. Hindi won't be imposed on anybody- especially not Mallus because then all the best Hindi speaker will be from Kerala. The rest of us will get jelly. I put up with Mallus because I can't understand their jibber jabber. Imagine my feeling of inferiority and self-loathing if I could understand what those highly intelligent and artistic people are actually saying! 

They are undermining our institutions. So in that sense, it’s a reshaping, a re-forming of the Indian Republic. Some people have talked about the making of a Second Republic. I think that’s premature but the intentions are clear.

Why the fuck would the ruling party want to replace that which is working so well for them?  

Going back to the Emergency in the post-Emergency period, what were the forces that allowed us to reinvigorate our institutions?

Assassination. That's what tempers Dynastic autocracy. Rahul has a lively fear of being killed. That's why he thinks 'power is poison'.  

What can we learn from that for the period when perhaps the BJP system has passed?

Killing Modi won't change anything. Shah will take his place and then Yogi and so forth. Assassination has no power against meritocratic, cadre-based, parties.  

To begin with, undoing the amendments to the Constitution.

The right to property was abolished by Shanti Bhushan. Anyway, Constitutions don't matter very much. The Bench's Collegium isn't in the Constitution but it still prevails.  

I’m reminded of a remark made by JB Kripalani during the Emergency. The great freedom fighter who had left the Congress after Independence to go into Opposition was by the time of the Emergency very old and sick. He was in hospital with all kinds of tubes passing through him.

That was JP. Kriplanai died in 1982. 


A young follower went to see him. As you would do when an elderly relative is ill, he put his hand on Kripalani’s forehead. The old man woke up and told his young friend, “I have no constitution left – all that remains are amendments.”

Kripalani was witty- that much is true.  

The lawyer Shanti Bhushan, who was law minister under Morarji Desai and who recently passed away, was one of the architects of the restoration of the Constitution.

He was also a founding member of the BJP and remained its treasurer till the mid Eighties. He quit when Vajpayee and Advani refused to back his petition alleging that Rajiv won the election on a 'communal' platform. The truth was obvious. India is a Hindu country which doesn't like it when a Hindu woman is gunned down by her own security guards. 

Some people argue that the revival of the Supreme Court really took place in the ’90s when we did not have majority governments at the Centre.

But judicial activism turned out to be no panacea. A rights based approach to Development fails if there is no money to provide the remedy. The plain fact is that the early Nineties saw extra-judicial killing on an industrial scale. Ultimately, that is what holds the country together. 

Some economists believe that coalition governments have been much better for economic growth as well.

Unless they are worse.  

They are certainly better for federalism.

Unless they are worse. What Guha is getting at is the notion that King Log is better than King Stork. But a log of wood can do nothing to defend the country.  

The thing to hope for if you are an Indian democrat who wants a reinvigorated Supreme Court, a free press, more robust federalism and better and more balanced economic growth in India is – no single party should get a majority in 2024.

Why stop there? Why not hope that all the politicians just fuck off and die already?  

Then there may be a way of reviving these institutions.

The press is always going to be shit. The thing only exists to make money.  

Long before the BBC aired “The Modi Question”, you wrote a column saying that Modi should apologise for the Gujarat riots.

Guha should apologize for them because, unlike Modi, he had nothing to lose by their occurrence. I too must apologize for my ginormous dong which has caused millions of women, denied access to it, to hang themselves in despair.  

His followers, of course, say that the Supreme Court has given him a clean chit.

Because the case against him was fabricated 

Why do you think he should apologise?

Because Guha has shit for brains.  

It’s not a question of the Supreme Court. There was a clear dereliction of duty. If you look at books written or edited about that period by Siddharth Varadarajan,

a notorious liar who made crazy allegations against Meta 

by Revati Laul,

who has made a little money by telling stupid lies about the post-Godhra riots

by RB Sreekumar

a cop turned jail-bird whom, the Bench believes, fabricated evidence.  They wrote- 'it appears to us that a coalesced effort of the disgruntled officials of the State of Gujarat along with others was to create sensation by making revelations which were false to their own knowledge".[9

and also the Editors’ Guild report from that time and all the contemporary journalism – it’s clear that the administration should have done much more but let the riots happen.

But Modi, who had only recently come to power, and his Home Minister- another fresh face- had most to loose. The truth is only the Army could have stopped the riots. Fernandes, as Defense Minister, took personal responsibility for ensuring that the jawans obeyed orders.  

Even if Modi wasn’t personally guilty, he was the chief minister of Gujarat.

Which is why the Gujarati voter knew he was completely innocent. Originally, the charge against Modi was that he was stupid and fanatical. Yet, over the subsequent twenty years we have all come to see that he is smart and pragmatic.  

If you look at 1984, the anti-Sikh pogrom in Delhi could have been stopped by the prime minister

yes. 

or home minister

no. Narasimha Rao couldn't do shit without Rajiv's say so.  

if they had wanted. At that time, I was a student in Calcutta, where there were probably 50,000-60,000 Sikhs – many of whom were taxi drivers. They were marked out by their turbans. But West Bengal Chief Minister Jyoti Basu told the police to ensure that not even one of them was harmed.

Why the fuck would Basu object to Indira being killed?  

Jyoti Basu was not a great chief minister in other respects but he had been a young man when Mahatma Gandhi went on fast in 1947 in Beliaghata. He knew how dangerous and poisonous communal conflict was.

But Communist violence kept him in power. He presided over the Marichjhapi massacre of Dalits.  

There were many parallels between 1984 and 2002.

There were none. Congress avenged the death of the Mahacrackpot by killing innocent Maharashtrian Brahmins. They avenged the death of Indira by killing innocent Sikhs. They couldn't avenge the death of Rajiv because they were out of power.  

Manmohan Singh and Sonia Gandhi, to their credit, apologised.

Because they didn't want to be killed.  

This is something that will always hang over Narendra Modi.

and thus get him the Hindu vote. Look at the recent BJP landslide in Gujarat.  

It’s irrefutable that as Chief Minister Modi could have done more to stop the violence but did not.

What he did was end the cycle of politically instrumentalized communal rioting. Consider the Akshardam terror attack. Modi got ahead of the media cycle by putting all the blame on the ISI. That was why voters rewarded him. Riots and curfews are bad for the economy. Just fucking 'encounter' the bad guys- or bulldoze their houses- and peace is restored. 

You’ve written frequently – all too frequently, some people would say – about how the Gandhi family is facilitating Hindutva by

not coming out of the closet as 'janeodhari' Brahmins. Sonia, in 2002, had said she'd build the Ram Temple, if the Bench allowed, with the aid of a Shankaracharya who had done her 'Grha Pravesh' ceremony.  It wasn't her fault that nutters like Arun Singh pushed an anti-Hindu agenda. 

staying in power in the Congress. After those heroic images of Rahul Gandhi’s Bharat Jodo Yatra, have you changed your opinion about him – just a wee bit, perhaps?

Rahul's achievement is to unite almost all other parties against Congress though, truth be told, Kharge must share some of the blame. 

I’ve always said he’s a decent man. But as someone who is a historian of Indian democracy, as someone who has grown up in the 1960s, I cannot abide a fifth-generation dynast leading the party of the freedom struggle. I think it’s morally wrong.

We wouldn't mind even a fifteenth generation leader- if he wasn't utterly shit.  

We don’t recognise the damage that the family control of the Congress party has done to Indian democracy. Indira Gandhi started it by

letting Congress twist her arm into joining the Cabinet. But the alternative was that her aunty- whom she loathed- rising up. Similarly, Nehru- who said he wanted to retire in 1958- had to stay on because otherwise Congress would rope in Indira- and her husband whom Nehru loathed. 

Sanjay was a special case. The boy was unemployable. Thus the only job Indira could get him was as her successor. Thankfully, the fellow crashed his plane. Sonia then turned Indira against Maneka with the result that Varun is now in the wrong party.  

bringing Sanjay Gandhi in 1975.

He had already amassed plenty of influence. 

Only recently, in Tamil Nadu, Stalin

son of Karunanidhi.  

made his son a minister.

But the son isn't a cretin.  

The DMK was a great party of regional pride.

It is thuggish and corrupt. Still, Tamil women have raised up the State. 'Amma' had her good points.  

It has stood for caste and gender equality, for good administration. Now, it’s a family party.

This cretin does not seem to understand that DMK has been dynastic for donkey's years. The only question was which sibling would inherit power. Thankfully, it was Stalin.  


Look at the Akalis. The Akali Dal is the second-oldest political party in India.

But the IUML is the direct successor the Muslim League which was founded in 1906. There are many Akali Dals. The Badal wing is also known as the 'Badal Dal'. 

It has a noble and admirable lineage. But the Badals made it a family party because

the Akali Dal had splintered for reasons we all know  

they saw what Indira Gandhi was doing.

She had been dead for a decade by the time the Badal Dal was founded. 

The Thackerays do the same thing, the Yadavs do the same thing, the Raos do the same thing. It’s absolutely dismaying for Indian democracy to have family control over one set of parties and personality cults over another set, with people such as Kejriwal, Mamata Banerjee and Modi at the helm. As an Indian democrat, I find both repugnant.

A historian should ask why dynasticism prevails. The answer is that it solves a coordination problem and reduces factionalism and 'rent dissipation'. Personality cult is a Marxist term. The meaning is that the leader does not have a deep understanding of dialectical materialism- which, sadly, is worthless shite.  

The subtitle of this book is different. The first edition was India After Gandhi: The History of the World’s Largest Democracy. Now it’s India After Gandhi: A History.

Because Guha doesn't like Modi- the most popular elected leader in the world.  

It may change again. I have to ask the publishers and whether it’s permitted to change it for the paperback or for the next reprint, which may come out in six months. Perhaps it could then be called India after Gandhi: A History of the World’s Most Populous Nation.

Why not 'a History of the World's most populous Hindu nation?"  


What are you working on now?

I’m doing something very different. India after Gandhi is 940 pages long. I’ve been set a challenge by a young writer I admire (but whom I shall not name) to write a book under 200 pages.

Yet younger writers would challenge him write a book of under one page.  


It’s a book about my relationship with my first editor Rukun Advani,

who says Guha was already an anti-Hindutva fanatic 

who actually made me a published writer. He taught me how to write social history, helped me when I wrote biography, who encouraged me to write on cricket, and who still is kind of a sounding board. So it’s a writer’s tribute to this self-effacing and faceless editor. 

This book is based on our correspondence over 40 years. Rukun doesn’t like speaking, but he likes writing – he’s got an acerbic wit and a marvellous sense of style. So it’s a book about the making of books based on a literary and personal friendship of four decades.

Advani, for his part, has this to say about Guha

His agenda even then was anti-Hindutva,

Because Hindus were in the forefront of opposition to Indira's tyranny 

though it took a peculiar shape because it had become mixed up with his interest in cricket. . His aim in those days was to disprove the Hindu idea of reincarnation by circumventing his own afterlife through becoming either Bishan Singh Bedi or Erapalli Prasanna in this life. Failing either of those two options, he seemed to have resigned himself to a third, which was to become Gundappa Vishwanath. 

Say 'Huccha Venkat' and you hit the mark. Guha is a hysterical fool. He is proof that Tambrams are uneducable and thus must receive Extremely Backward- not to say Retarded- Caste status with retrospective effect.