Finding a balance
Lessons in hindsight
Apropos the editorial, “In defence of secularism” (January 4), the majority judgment by the Supreme Court has expanded the interpretation of Section 123(3) of the Representation of the People Act, 1951. Thus, an appeal by poll candidates based on voters’ religious, linguistic or caste identity could now be considered a corrupt practice.
The dissenting judgment, on the other hand, asserts that religion, caste and languages are social realities, which are recognised and acknowledged in the Constitution, and states that it would not be appropriate to prohibit candidates from speaking of the legitimate concerns and aspirations of various religious, social and linguistic groups.
As argued in the editorial, speeches and mobilisation with respect to such issues could be done during the electoral process, without being considered a corrupt practice. However, while endeavouring to widen the definition Section 123(3), perhaps, precision and clarity have been lost and subjectivity introduced. The verdict could, therefore, be subjected to other interpretations. It will now be left to the wisdom of individual judges how they interpret the applicability of the apex court judgment.
The fundamental principle of democracy should be that the people’s mandate is respected. Also, it is wrong to presume that voters are inherently gullible and prone to get carried away by religious/linguistic appeals.
The judgment may lead to a plethora of litigations, several of which could be on flimsy and frivolous grounds. Therefore, utmost care should be taken by the judiciary while invalidating a popular mandate.
Pramod Patil Nashik With reference to Anup Roy’s report, “Supply 40% notes to villages: RBI to banks” (January 4), although this is not the time for a blame game, the Reserve Bank of India’s latest instructions may be interpreted as tacit admission of the fact that the government and the banking system, including the central bank, missed taking a few steps while demonetising ~500 and ~1,000 notes November 8 onwards.
These steps include readying at least a majority of ATMs to dispense the new high-denomination notes of different design and size, the print order for which had been given long back.
Also, more low-denomination notes should have been stocked in semi-urban and rural areas where people were likely to use cash more than electronic payment systems for their transactions.
In hindsight, these two steps could have been taken without affecting the “secrecy” surrounding the announcement of demonetisation.
Until recently, the banking system had not made its presence felt in India beyond a “walkable” distance. Those who are responsible for this state of affairs are now in the Opposition. Also, the imported concept of banking correspondents is yet to take root in India.
A word of caution about new gadgets and systems for money transfer: Even at the cost of delay, new instruments and systems should be tested for universal acceptability and compatibility with the technology and gadgets in use. Changes in instruments and procedures may hamper public trust; there is also the cost aspect.
One possible reason for the present chaos is piecemeal outsourcing of work by institutions to agencies that bear no moral allegiance to their hirers. New strategies have to be drawn up to build reliable relationships between owners and employees in the current era of hiring and firing at higher levels and contract or bonded labour at lower levels.
M G Warrier Mumbai