Clinical trials must include wider pool of volunteers to avoid exploitation

Bioequivalence - If two products are said to be bioequivalent it means that they would be expected to be, for all
intents and purposes, the same.

Flashpoint - a place, event, or time at which violence or hostility flares up
EDITORIAL
For a wider pool: clinical trials and the burden of volunteering for
them
JANUARY 01, 2018 00:02 IST
UPDATED: JANUARY 01, 2018 00:26 IST
The burden of volunteering for clinical trials must not fall only on the poor and vulnerable
C linical trials involving human subjects have long been a flashpoint between bioethicists and clinical
research organisations (CROs) in India. Landmark amendments to the Drugs and Cosmetics Act in 2013 led to
better protection of vulnerable groups such as illiterate people, but more regulation is needed to ensure truly
ethical research. While CROs have argued that more rules will stifle the industry, the truth is that ethical
science is often better science. The big problem plaguing clinical research is an over-representation of low-
income groups among trial subjects. Sometimes CROs recruit them selectively, exploiting financial need and
medical ignorance; at other times people over-volunteer for the money. Such over-volunteering occurs more
frequently in bioequivalence studies, which test the metabolism of generics in healthy subjects. Because
these subjects are well-paid, and get no therapeutic benefit, their only reward from the trial is financial. This
results in an incentive to lie about one’s medical history or enrol in multiple trials to maximise one’s income.
Such deception is a risk not only to volunteer health but also to society, because it can throw off the trial’s
results. In recent years, several Indian CROs were found by European drug regulators and the World Health
Organisation to be fudging bioequivalence data. While such duplicity by a CRO is likely to be found out,
volunteer deception, which can impact data as greatly, can slip under the radar. Unsafe drugs can make their
way into the market as a result, or safe drugs can get rejected. This is why volunteer honesty is paramount.
But how can regulators ensure this? One potential solution is a national registry of trial volunteers, which
will alert a CRO when someone signs up for two studies simultaneously. But this will need work, because
volunteer privacy cannot be compromised. So regulators need to create a system that anonymises each
participant’s data. Another option is to pay volunteers less, taking away the financial incentive to fudge their
participation history. But this measure, in isolation, would reduce trial participation dramatically: an
unacceptable side-effect because clinical trials are essential to drug research. A third, more sustainable
solution is to encourage a wider cross-section of society to participate in research on human subjects. Society
at large must realise the valuable service that clinical research subjects perform by making drugs safe for the
rest of us. It is imperative that this burden not fall completely on the vulnerable groups. Instead, the
educated and affluent, who have greater access to the drugs that emerge from clinical research, must grasp
the criticality of this research and pull their weight. Selectiveness in recruiting subjects for clinical trials
leads not only to human rights violations but also to bad science. Civil society’s vigilance is vital.
EDITORIAL
By evidence alone: on the 2008 Malegaon blast trial

JANUARY 01, 2018 00:02 IST
The Malegaon trial should show the justice system rises above competing narratives
T here are occasions when not only the accused but the criminal justice system itself is on trial. The
case relating to the Malegaon blast of 2008 is one such. By overruling the National Investigation
Agency’s finding that key members of a Hindu right-wing group called Abhinav Bharat were not involved
in the explosion that killed at least six persons and wounded over a hundred in the Maharashtra town,
the Special Court in Mumbai has chosen to let the evidence decide their guilt or innocence. It has framed
charges against them for conspiracy, murder and other offences, including under the provisions of the
Unlawful Activities (Prevention) Act. The Anti-Terrorism Squad of the Maharashtra police and the NIA
have come to varying conclusions on the culpability of Abhinav Bharat members. The ATS chargesheet
claims it was primarily a conspiracy hatched by Sadhvi Pragya Singh Thakur and Lt. Col. Prasad Purohit,
among others. In a supplementary chargesheet, the NIA concluded there was either no or insufficient
evidence to proceed against some of them. Special Judge S.D. Tekale has chosen to steer clear of
pronouncing his decision on which of the two he would go by. Where two conflicting reports are on
record, he ruled it is better to go through the trial and consider the evidence it brings. His decision is the
right one and it rises above the competing narratives of the two agencies.
What made this case politically sensitive was the debate over whether ‘Hindu’ or ‘saffron’ terror had come
into being given the alleged role of an organisation with the objective of establishing ‘Hindu Rashtra’ in
the country. Initially, an Islamist group was accused of being behind the blasts that took place in
September 2006 at Malegaon, killing 37 people, but a later chargesheet said the perpetrators belonged to
a group of Hindu activists. It took nearly ten years for those initially arrested to be discharged, for want of
evidence. These factors cast an unfortunate shadow on the trial related to the 2008 case. Allegations
surfaced that the NIA prosecutor was under pressure to dilute the charges against Pragya and others.
Against this backdrop, it is better that the evidence, whether substantive or dodgy, is assessed at a trial,
lest it be said later that there was any miscarriage of justice. Based on preliminary material, the judge has
thrown out charges under the Maharashtra Control of Organised Crime Act. He has discharged three
persons for want of evidence, and sent two to regular courts to be tried under the Arms Act. The rest will
face trial. This decision augurs well for the integrity of the process, as it is the best way to put at rest
suspicion that one agency tried to frame the suspects, while another was deliberately soft. It is important
that this trial, although agonisingly delayed, is nothing but fair.
Augur - portend a good or bad outcome.

Proliferate - increase rapidly in number; multiply.
Caveat Emptor - principle that the buyer alone is responsible for checking the quality and suitability of
goods before a purchase is made.
Blockchain Technology - see Page Three
EDITORIAL
T
The money trail: on the need for investor awarenesss on cryptocurrencies
he Finance Ministry’s warning to potential investors in bitcoin and other cryptocurrencies has
come at a time when a new, seemingly attractive investment area has opened up that few have
enough information about. The price of bitcoin, the most popular of all cryptocurrencies, not only
shot up by well over 1000% over the course of the last year but also fluctuated wildly. One of the main
reasons for this volatility is speculation and the entry into the market of a large number of people
lured by the prospect of quick and easy profits. The government’s caution comes on top of three
warnings issued by the Reserve Bank of India since 2013. Investment in bitcoin and other
cryptocurrencies increased tremendously in India over the past year, but most new users know close
to nothing of the technology, or how to verify the genuineness of a particular cryptocurrency. A
number of investors, daunted by the high price of bitcoin, have put their money into less well-
established and often spurious cryptocurrencies, only to lose it all. Even some private cryptocurrency
operators in India have gone on record saying that as many as 90% of the currencies are scams.
The use value of cryptocurrencies — both as a medium of exchange and as a store of value — is still
being explored. Global tech firms such as IBM are developing their own cryptocurrency platforms to
speed up cross-border transactions in a secure and transparent manner. At the same time, countries
like South Korea and the U.S. are intensifying regulatory scrutiny of the market. South Korea, where
bitcoin became something of a craze, recently proposed legislation to either heavily regulate
exchanges or ban them. In the U.S., in November, a court ordered a popular cryptocurrency platform
to hand over information related to 14,000 accounts to the Internal Revenue Service, undermining
the anonymity the digital currencies offer. In all this, India must be careful to differentiate between
cryptocurrencies and the blockchain technology they are based on. Cryptocurrencies may or may not
emerge as a useful tool, especially since the government may not want to encourage the proliferation
of anonymous, non-fiat currencies as its anti-black money fight intensifies. But blockchains,
basically digital ledgers of financial transactions that are immutable and instantly updated across the
world, are worth looking at as aids to ease doing business. They have the potential to greatly
streamline payment mechanisms and make them transparent. As Ajay Tyagi, Chairman of the
Securities and Exchange Board of India, said, blockchain technology is useful and should not as yet
have regulatory oversight. The inter-ministerial panel on cryptocurrencies will take a call on their
future. Meanwhile, the government is correct in underscoring the ‘caveat’ in caveat emptor.
EDITORIAL
Star turn: on actor Rajinikanth's foray into politics

JANUARY 02, 2018 00:04 IST
Rajinikanth is seeking votes as a repository of people’s trust, as MGR and Jayalalithaa did
F or more than 22 years, Tamil film star Rajinikanth fed the expectation of his entry into politics
without fulfilling it. In 1995, when he spoke up against AIADMK leader Jayalalithaa, his statement had a
resonance not only among his fans but also the wider public. But then he made his peace with
Jayalalithaa and humoured leaders from across the political spectrum. With Jayalalithaa’s death,
however, his political ambition found a new life; he held a series of meetings with his fans as if to test his
support base. On New Year’s Eve, when he announced his decision to enter politics, he took care to appear
as if he were stepping in to fill a political vacuum in the interest of the people of Tamil Nadu, and not to
further his own ambition. With the AIADMK in disarray and DMK patriarch M. Karunanidhi politically
inactive on account of age-related ill-health, the political scene in the State seems set for a churn. Actor
Kamal Haasan too had spoken of his intention to start a party. With neither the BJP nor the Congress
being in a position to challenge the two Dravidian parties, Mr. Rajinikanth could have seen this as an
opportune moment to cash in on his fan base after his failure to take advantage of the public sentiment
in 1996.
There is no denying Mr. Rajinikanth’s mass appeal, but as in the case of AIADMK founder M.G.
Ramachandran and Jayalalithaa, he doesn’t seem to have a clearly defined ideological position or political
programme. Other than saying that his politics will be “spiritual” and neither religious nor casteist, he
has not yet articulated a comprehensive political vision. But in a State in which political corruption has
been a major issue, resulting in strong electoral verdicts against both major Dravidian parties, his success
in politics is likely to be determined by whether he can project himself as a person people can trust and as
an agent of the kind of political change that Tamil Nadu really desires. This ties in with his attempt to
project himself as all things to all people, a messiah of sorts. Thus, his assurance that he will resign three
years after he is voted to power if he is unable to fulfil his yet-to-be-made promises. Mr. Rajinikanth
would like to rule as a repository of people’s trust rather than as their direct representative. Even when he
created a platform to interact with his fans and supporters, he did not solicit their views or attempt to
come to grips with their grievances. By all accounts, Mr. Rajinikanth is preparing to be guided by his own
sense of destiny. Other than his movies, and a few stray political comments, people have little to go by.
But Mr. Rajinikanth must be aware that charisma is a powerful force in Tamil Nadu politics, enough to
catapult others before him to power. With his eye seemingly fixed on the next State Assembly election,
policies and programmes can wait.
Blockchain Technology - An incorruptible digital ledger of economic
transactions that can be programmed to record not just financial transactions but
virtually everything of value.
Picture a spreadsheet that is duplicated thousands of times across a network of
computers. Then imagine that this network is designed to regularly update this
spreadsheet and you have a basic understanding of the blockchain information
held on a blockchain exists as a shared — and continually reconciled —
database. This is a way of using the network that has obvious benefits. The
blockchain database isn’t stored in any single location, meaning the records it
keeps are truly public and easily verifiable. No centralized version of this
information exists for a hacker to corrupt. Hosted by millions of computers
simultaneously, its data is accessible to anyone on the internet.
The traditional way of sharing documents with collaboration is to send a
Microsoft Word document to another recipient, and ask them to make revisions
to it. The problem with that scenario is that you need to wait until receiving a
return copy before you can see or make other changes because you are locked out
of editing it until the other person is done with it. That’s how databases work
today. Two owners can’t be messing with the same record at once.That’s how
banks maintain money balances and transfers; they briefly lock access (or
decrease the balance) while they make a transfer, then update the other side, then
re-open access (or update again).With Google Docs (or Google Sheets), both
parties have access to the same document at the same time, and the single version
of that document is always visible to both of them. It is like a shared ledger, but it
is a shared document. The distributed part comes into play when sharing involves
a number of people.
Imagine the number of legal documents that should be used that way. Instead of
passing them to each other, losing track of versions, and not being in sync with
the other version, why can’t *all* business documents become shared instead of
transferred back and forth? So many types of legal contracts would be ideal for
that kind of workflow.You don’t need a blockchain to share documents, but the
shared documents analogy is a powerful one.
EDITORIAL
On the ledger: on fiscal consolidation

JANUARY 03, 2018 00:02 IST
Expenditure data underline the government’s challenge on fiscal consolidation
E ight months into the financial year, or until end November, the Union government’s fiscal deficit — the
amount by which its expenditure exceeds revenue — had already overshot the year’s budget target by a
significant ₹65,573 crore. And as in everything with numbers, there are several interesting insights to be had,
some fairly straightforward and self-explanatory and others less obvious and disconcerting. One of the
biggest contributors to the wider fiscal slippage has clearly been the faster pace at which total expenditure
has grown. While the government had in the Union Budget provided for overall spending to increase by a
modest 6.6% over the revised estimates for the previous fiscal, data for April-November released by the
Controller General of Accounts show a 14.9% jump year-on-year. A look at the individual ministries and how
they have front-loaded their spending shows wide variability with several ministries still significantly
underutilising their budget allocations over the first eight months. (One of the government’s aims when it
advanced the budget presentation by a month to February 1 was to ensure that government departments had
adequate time to spend the funds apportioned to them in an optimal manner.) Similarly, revenue receipts for
the eight-month period have shown an underwhelming 1.1% year-on-year increase while the budget
projection was for 6.5% growth. Even if some of the sluggishness in revenue receipts can be explained by the
fact that the current year has been a one-off, transitional period given that the GST regime was implemented
from July 1, there are other pressure points that policymakers need to square up with. Non-tax revenue at
36.5% of budget estimates compares unfavourably with the 54.2% garnered in the corresponding period of
the previous year.
There is also the issue of how the government is likely to account the additional capital it has announced as
part of the recapitalisation effort to bolster the financial health of public sector banks. There is the additional
₹50,000 crore in market borrowing that the government has planned for the fourth quarter — a move it has
said will not significantly impact the fiscal calculus since it simultaneously plans to scale back collections
from treasury bills. The fiscal gap has widened in spite of a healthy jump in non-debt capital receipts, which
include the ₹17,357 crore the government received from the public listing of state-run insurance companies,
and steady improvements in corporate and personal income tax collections. That the figures revealing the
fiscal slippage have come less than two months after Moody’s upgraded India’s sovereign credit rating serves
as a reminder that there is little room for complacency. With monetary authorities at the RBI having
reiterated the inflationary risks that a worsening fiscal gap would pose, and private investment still
struggling to gain traction, policymakers would do well to try and regain their footing on the crucial path of
fiscal consolidation.
Paucity - presence of something in only small or insufficient quantities or amounts
EDITORIAL
Questionable remedy: on the National Medical Commission Bill

JANUARY 03, 2018 00:06 IST
Key sections of the National Medical Commission Bill need a rethink
T he decision of the Lok Sabha to send the National Medical Commission Bill to a standing committee
for a relook is the right one. First proposed in 2016, the Bill aims to overhaul the corrupt and inefficient
Medical Council of India, which regulates medical education and practice. But despite its plus points, the
NMC isn’t the game-changing legislation it could have been. One of its goals is to rein in corruption in
the MCI through greater distribution of powers. This is sought to be accomplished through an
independent Medical Advisory Council to oversee the National Medical Commission, the proposed
successor of the MCI. But all members of the NMC are members of the Council, undermining the latter’s
independence. This, and other concerns, must be addressed. Perhaps the most controversial provision of
all is for a bridge course allowing alternative-medicine practitioners to prescribe modern drugs. One
motivation could be to plug the shortfall of rural doctors by creating a new cadre of practitioners. But if
this was the rationale, better solutions exist.
The shortfall of MBBS doctors is partly due to the fact that many of them seek a post-graduate degree to
improve career prospects. MCI regulations prevent even experienced MBBS doctors from carrying out
procedures like caesarians and ultrasound tests, while nurses are barred from administering anaesthesia.
Empowering doctors and nurses to do more is a reform many have called for, and that would have been
easier to implement than a bridge course for AYUSH practitioners. Yet, the NMC Bill hasn’t taken it up.
Another way to bolster healthcare delivery is a three-year diploma for rural medical-care providers, along
the lines of the Licentiate Medical Practitioners who practised in India before 1946. Chhattisgarh tried
this experiment in 2001 to tackle the paucity of doctors it faced as it was formed. Graduates from such a
three-year programme would only be allowed to provide basic care in under-served pockets. Massive
protests by the Indian Medical Association and poor execution derailed the Chhattisgarh experiment, but
the idea wasn’t without merit. India has no choice but to innovate with health-care delivery models to
tackle the challenges it faces. The trick is to base these innovations on evidence. There is plenty of
evidence that MBBS doctors and nurses can do more than they are legally allowed to do. But integrating
alternative-medicine practitioners into modern medicine requires a lot more thought. The government
will do well to empower existing doctors before attempting more ambitious, and questionable,
experiments.
Ensnared - catch in or as in a trap, capture, trap
Tranche - a portion of something, especially money
EDITORIAL
Money talks: on U.S.-Pakistan ties

JANUARY 04, 2018 00:02 IST
Pakistan is worried less by U.S. withdrawal of aid than the overall downslide in ties
T hat the U.S. will continue to withhold $255 million in Foreign Military Financing to Pakistan this
year suggests it is prepared to downgrade its ties with Pakistan further in an effort to hold it to account
on terrorism. U.S. Ambassador to the UN Nikki Haley cited Pakistan’s “double game” of cooperating with
the U.S. and harbouring terrorists who attack its troops in Afghanistan. Mr. Trump’s own tweet, a day
earlier, on January 1, was less temperate in its wording. He accused Pakistan of “lies and deceit” and of
treating the U.S. leadership as “fools”. Pakistan has reacted, but without the same heat in its words. After a
National Security Council meeting of top generals and ministers convened by Prime Minister Shahid
Khaqan Abbasi, it issued a statement expressing “disappointment” over the U.S. statements, and referring
to Pakistan’s record in fighting terrorism and providing support to the U.S. effort in Afghanistan. One
reason is that the U.S. decision to hold back the $255 million was not unexpected. In May last year, the
Trump administration had decided to cut the annual outlay for 2018 from $255 million to $100 million.
In August, it notified Congress it would withhold the current tranche due for 2016 as well, while a
decision on 2017 was still pending. Second, while the overall downslide in ties with the U.S. will be a
major worry for Pakistan, the cancellation of funds may not be that alarming. American assistance to
Pakistan is at its lowest levels since 2001. Third, Pakistan’s confidence that it has an alternative in China
has grown, with Beijing’s pledge of more than $100 billion in loans for the China-Pakistan Economic
Corridor infrastructure, power projects, and so on. The question, then, is whether the U.S. will consider
stronger measures, such as stopping all funding, sanctions, or cancelling Pakistan’s ‘major non-NATO
ally’ status.
From India’s point of view, any attempt to hold Pakistan’s feet to the fire on its support to terror groups is
a positive development. It is particularly important that the U.S. follow through on its ultimatums in this
respect. However, all American statements so far focus on Pakistan’s support to terror groups that
threaten Afghanistan, and more particularly, the U.S. troops in Afghanistan. Therefore, action against the
groups that threaten India is unlikely to be an immediate priority. New Delhi must also be mindful of the
impact of a more fractured U.S.-Pakistan relationship on regional security. Above all, the U.S.-Pakistan
relationship, like that between India and the U.S. and India and Pakistan, is a long-standing bilateral one.
While welcoming all moves to address India’s core concerns on terror, New Delhi must ensure it doesn’t
get ensnared or triangulated in the equation between Washington and Islamabad.
EDITORIAL
Citizen count: on Assam's draft NRC

JANUARY 04, 2018 00:02 IST
The draft of Assam’s National Register of Citizens is a first step, but it opens up concerns
P rodded by an unrelenting Supreme Court Bench, Assam met its December 31 deadline for
publication of the first draft of the updated National Register of Citizens. In the event, the list proved to
be a draft of a draft, with 13.9 million cases remaining under scrutiny and names of only 19 million of the
32.9 million applicants making the cut. It is to the government’s credit that its repeated clarifications
that missing out on the list is no reason to panic kept people’s anxieties in check. The bigger challenge
lies ahead when the contours of the draft assume a firmer shape, and there is a clearer sense of the
numbers that do not make it to the Draft Consolidated List of the NRC — by implication, people who are
illegal immigrants in Assam. The process will be protracted, with claims and contestations even after the
final draft. But, when completed, one can only hope the exercise will bring some closure to the vexed
issue of foreigners in the State, one that had triggered the six-year-long Assam Agitation that ended in
the mid-1980s but has continued to roil its politics. The promise of detection and expulsion of aliens has
propelled two parties to power 31 years apart, the Asom Gana Parishad in 1985 and the Bharatiya Janata
Party in 2016.
While the scale is debatable, border crossings into Assam and West Bengal are a reality, and political
parties are to blame for turning a blind eye to the situation over the decades in order to cultivate vote
banks. The issue has, however, become much larger than a cut-and-dried question of who is an Indian
citizen and who is not. There are important humanitarian concerns at play, concerns that go beyond
identification and numbers. Nearly five decades have elapsed since the cut-off date of March 25, 1971,
and individuals who have sneaked in illegally have children and grandchildren by now. Since India is the
only country they have ever known, where are they expected to go? The conditions under which some
20,000-odd doubtful, or ‘D’, voters have been confined in Assam do not inspire confidence. That the list of
aliens will only increase is daunting given the absence of a deportation treaty with Bangladesh. The
situation has been muddied with the Centre’s intent to pass the Citizenship (Amendment) Bill and make
Hindu illegal migrants and those from certain other minority communities in Afghanistan, Bangladesh
and Pakistan eligible for Indian citizenship. Part of the BJP’s manifesto for the 2014 general election, the
Bill, with a cut-off date of December 31, 2014, undermines the process of the NRC, which is
denominationally agnostic. The BJP would do better to focus on its campaign promise of sealing the
India-Bangladesh border and explore the possibility of provisions such as transparent work permits for
foreigners, rather than push for this politically contentious legislation.
hawkish - advocating an aggressive or warlike policy, especially in foreign affairs.
secular - occurring once every century or similarly long period
dovish - opposite of hawkish, supporting discussion or other peaceful solutions in political relationships rather
than the use of force
fool's errand - A task that has little to no chance of being successful or beneficia
EDITORIAL Bull Market & Bourse - see Annexure
On a high: the US Federal Reserve

JANUARY 05, 2018 00:15 IST
A hawkish U.S. Fed is likely to be the biggest threat to the bull market in stocks
G lobal stocks kicked off the new year by rallying to reach new lifetime highs. Major indices across
the U.S., Europe, and Asia witnessed significant gains in the year’s first two trading days; the Indian
bourses were slower to gain traction. The strong start suggests that stocks may be all set to carry on their
momentum from 2017, which saw major indices offering solid double-digit returns to investors. A
significant feature of the present bull market in stocks has been its broad-based participation, with both
developed and emerging markets benefiting from it. The S&P Global Broad Market Index, for instance,
rose by an impressive 22% during the year. Indian stocks are among the biggest winners of the rally.
Macroeconomic tailwinds such as improving economic growth in the U.S., Europe and emerging markets,
better corporate earnings, and tax reforms passed by the Trump administration could explain some of the
euphoria. But the extreme broad-based nature of the rally adds to fears that it may be driven primarily by
excess fund flow into stocks rather than a secular improvement in economic fundamentals. The
weakening of the U.S. dollar during 2017, along with the strengthening of emerging market currencies
like the Indian rupee, raises further suspicion that the global stock rally may be about nothing more than
excess liquidity. Investors starved of yield have been happy to bid up stocks in countries like India and
China.
The major risk facing the present bull market, of course, is the prospect of a quicker end to the
accommodative monetary policy adopted by the U.S. Federal Reserve. After all, the dovish monetary
policy since the global financial crisis of 2008 has clearly played a major part in fuelling the second-
longest bull run in U.S. market history. With the return of higher economic growth in the U.S., inflation is
bound to spike up and force the next Fed chair to raise rates at a faster pace. Apart from deflating the rally
in domestic U.S. stocks, this is also likely to improve the yield on American assets and cause capital to
flow out of emerging markets. In addition, any repatriation of dollars by U.S. corporations, which are
incentivised by the new corporate tax policy, is likely to exert pressure on non-dollar currencies.
Meanwhile, the price of gold — a safe haven asset — rallied 14% last year, which is the metal’s best
performance since 2010. This suggests that investors in at least some corners of the market believe the
end may be near for loose monetary policy. The ‘taper tantrum’ of 2013 had served as a timely warning to
emerging markets about the fickle and disruptive nature of global capital. While predicting market
trends is a fool’s errand, it seems the end to this bull market might be sooner than later.
Adrift - unmoored, unanchored
EDITORIAL
State of conflict: on the Bhima-Koregaon violence

JANUARY 05, 2018 00:15 IST
Who provoked the Maharashtra violence and how it got out of hand must be determined
T he speed with which tension spread from Bhima-Koregaon, a village on the outskirts of Pune, on
Monday to bring cities across Maharashtra to a shutdown by Wednesday, is a pointer to multiple failings. It
appears that the police had failed to anticipate the potential for trouble breaking out in Bhima-Koregaon
and then ensure that normal life continued in the days after. Every year on January 1, a large number of
Dalits visit a memorial in Bhima-Koregaon to mark an 1818 battle in which the East India Company, with
Mahar soldiers prominent in its ranks, had defeated the Peshwa. From being a battle lauded in colonial times
only to be forgotten by the British, over the years Bhima-Koregaon came to be marked as a site of Dalit
valour and repudiation of caste stereotypes. With a visit by Dr. B.R. Ambedkar in 1927, it got invested with
political and spiritual meaning beyond the specifics of the original battle and in a forward-looking politics.
This year being the 200th anniversary, the commemoration was always going to be larger and more high-
profile. The police should, therefore, have increased security. But there were also indications of tensions
brewing after a vandalisation attempt in late December near the samadhi of a Mahar who it is said had
performed the last rites of Sambhaji, Shivaji’s son. This is not far from Bhima-Koregaon and the
administration was aware of the incident and its potential for causing trouble. The pent-up anger, which
resulted in widespread incidents of arson and vandalism, ended with the bandh that brought Mumbai and
other places to a halt.
The judicial inquiry promised by the Devendra Fadnavis government must determine who provoked the
violence, how it spread, and to what extent right-wing Hindu groups were responsible for fomenting it. Law
and order may have been restored in Maharashtra, but there is a political failing framed by the caste tensions
that have bubbled over in the State. These are the result of many factors ranging from contested histories, at
a more abstract level, to economic insecurities about jobs and livelihood, on the ground. The tensions of this
past week have come against the backdrop of neo-reservation movements, such as by the Marathas in
Maharashtra over the past couple of years. This and demands by Marathas to dilute the provisions of the
Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act may be borne of economic and social
anxieties — but they, in turn, have created understandable anxieties among Dalits about being left adrift to
wage the political battle for their protection on their own. This time the Dalit assertion appears to have
resulted in a degree of consolidation as well. The country’s politics must bridge differences by addressing
anxieties holistically — instead of nurturing new polarised constituencies by widening these fault lines.
What is a 'Bull Market'
A bull market is a financial market of a group of securities in which prices are rising or are expected to rise.
The term "bull market" is most often used to refer to the stock market but can be applied to anything that is
traded, such as bonds, currencies and commodities.
BREAKING DOWN 'Bull Market'
Bull markets are characterized by optimism, investor confidence and expectations that strong results should
continue. It is difficult to predict consistently when the trends in the market might change. Part of the
difficulty is that psychological effects and speculation may sometimes play a large role in the markets.
Bull vs. Bear Markets
The opposite of a bull market is a bear market, which is characterized by falling prices and typically
shrouded in pessimism. The use of "bull" and "bear" to describe markets comes from the way the animals
attack their opponents. A bull thrusts its horns up into the air, while a bear swipes its paws downward.
These actions are metaphors for the movement of a market. If the trend is up, it's a bull market. If the trend
is down, it's a bear market.
A bourse is a market organized for the purpose of buying and selling securities, commodities, options and
other investments. A bourse is more commonly known as a stock exchange. The word "bourse" is based on
the house, belonging to Van der Burse, where merchants would gather and trade with one another.
Geolocation - identification or estimation of the real-world geographic location of an object.
latitude and longitude coordinates of a particular location
EDITORIAL
Enabling a law: rights of the disabled

JANUARY 06, 2018 00:02 IST
Supreme Court’s timeline to ensure full access for the disabled to public facilities is welcome
T he Supreme Court has struck a blow for the rights of the disabled, with a direction to the Central and
State governments to provide full access to public facilities, such as buildings and transport, within
stipulated deadlines. People with a disability form 2.21% of India’s population according to the 2011 Census.
They have had a law for two decades to enable their full participation in society, but successive governments
have done little to realise those guarantees. Now, in response to a public interest petition filed by a visually
handicapped activist, the court has issued a series of orders: that all government buildings should be made
accessible by June 2019; half of all government buildings in the capital cities should meet accessibility norms
by December this year; the Railways should present a report in three months from December 15 on
implementing station facilities; 10% of government public transport must be fully accessible by March 2018;
and advisory boards should be formed by the States and Union Territories in three months. The court’s
directions should be welcomed by the government and service providers as an opportunity to steer policy and
practice towards a universal and humane system. For too long, planners and designers have built
infrastructure for use only by able-bodied individuals, ignoring the aspirations of those with disabilities, and
the letter of the law.
A transformation requires governments to also harness the power of newer technologies. Geolocation is one,
and it enables targeted provision of services. It is eminently feasible, for instance, to aggregate the travel
requirements of disabled people with the help of information technology and smartphones, and provide
affordable shared transport using accessible vehicles. Given the emphasis on smart cities and upgraded
urban facilities, such schemes should be given the highest priority and start-up ideas roped in. Railway
stations and access to train carriages continue to pose hurdles for not just the disabled, but even elderly
travellers. The Railways should embark on an urgent programme to retrofit all stations, and try simple
solutions such as portable step ladders to help board and exit trains, since level boarding is not possible in
most places. Cost is not the barrier to improving facilities; what is in short supply is the political will to
change the design of public facilities and stick to professional codes. The Supreme Court said in a 1998 order
on a petition seeking air travel concession, that while cost was a consideration, the true spirit and purpose of
the law could not be ignored. Today India, which is richer than it was then, and has passed a new law in 2016
to strengthen the rights of the disabled, should demonstrate the will to implement it.
thaw - become liquid or soft as a result of warming up, defrost
heft - lift or carry (something heavy)
consternation - dismay, a feeling of anxiety or dismay, typically at something unexpected.
Overture - a : an initiative toward agreement or action : proposal
b : something introductory : prelude
Assuage - make (an unpleasant feeling) less intense.
Detente - the easing of hostility or strained relations, especially between countries.
Game for talks: on the resumption of dialogue between the two Koreas
T
JANUARY 06, 2018 00:02 IST
he prospect of a thaw in relations between North and South Korea, which resume talks after two years,
holds out the hope of denuclearisation on the Peninsula. Lending the move diplomatic heft is the U.S.’s
consent to South Korean President Moon Jae-in’s proposal to delay the controversial joint military exercises
between the two allies. These annual operations have traditionally caused consternation in Pyongyang. The
significance of the U.S. decision can also be seen in the context of Beijing’s suggestion for a freeze on joint
military exercises between Washington and Seoul in exchange for a halt to Pyongyang’s nuclear programme.
The demand acquired added impetus ever since Seoul launched the U.S.-backed Terminal High Altitude Area
Defence (THAAD) system, raising fears that its radars could snoop on Chinese security infrastructure. But the
idea never received serious consideration from the U.S., as forcing Kim Jong-un, the North Korean autocrat, to
completely give up the programme was the singular focus of President Donald Trump’s approach. As for Mr.
Kim, he sees recognition of his country as a nuclear power as a vantage point from where he could negotiate a
roll-back of crippling international sanctions and a possible reconciliation with Washington.
The immediate trigger to the revival of dialogue is the Winter Olympics in PyeongChang in South Korea next
month. North Korea’s latest ballistic missile launches and nuclear explosions have raised global alarm over
the region’s safety for travel and tourism, not to mention security during the Games. Memories of the
downing by North Korea of a civilian aircraft ahead of the 1988 Seoul Olympics have prompted
understandable caution by the host nation. Seoul has apparently determined that the most effective means
of allaying those apprehensions is to confirm the participation of North Korean athletes. The deferment of
the joint military exercises with the U.S. lends further credibility to Mr. Moon’s overtures to the North, as
much as it assuages Chinese concerns. Beijing had imposed an unofficial blockade on South Korean trade,
tourism and entertainment following the THAAD missile installation last year. But it was quick to appreciate
the needless economic and diplomatic cost of that approach, even if it did not alter its stance on the missile
programme. Cumulatively, these developments should boost public patronage in the entire region for the
Winter Olympics. Mr. Moon, a former human rights lawyer, has been a staunch advocate of a negotiated
resolution of the North Korean nuclear stand-off. A votary of reunification on the Peninsula, he may be
expected to seize the momentum generated by these events to foster cooperation with the North. There will
no doubt be many obstacles on that ambitious path. But a détente between neighbours is a possibility few
leaders can ignore.
Subsistence allowance - guzara bhatta
Scupper - (noun) a hole in a ship's side to carry water overboard from the deck.
(verb) sink (a ship or its crew) deliberately.
Commotion - a state of confused and noisy disturbance.
"she was distracted by a commotion across the street"
EDITORIAL
On triple talaq bill: Re-examine the Bill

JANUARY 08, 2018 00:05 IST
Concerns about the triple talaq Bill must not be dismissed as an attempt to sabotage it
T he winter session of Parliament saw more political positioning than appraisal of a legislation to
make instant triple talaq a criminal offence. With the Muslim Women (Protection of Rights on Marriage)
Bill pending in the Rajya Sabha, the best option would be to refer it to a select committee to help bring
about a consensus on how to address the problem of talaq-e-biddat, as there is no serious opposition to
the principle that it is morally abhorrent and legally impermissible. The core question is whether
resorting to an illegal and arbitrary form of divorce should necessarily lead to a prison term for the
offending husband. A three-year prison term, besides a fine, also raises the issue of proportionality. The
Opposition has raised three concerns: whether a civil wrong, mainly a breach of a marriage contract in an
arbitrary manner, ought to be treated as a crime; whether it is not a contradiction of sorts for the law to
jail a husband for pronouncing instant talaq and also mandate that he pay a subsistence allowance to the
wife; and whether making it a cognizable and non-bailable offence would lead to it being misused
against Muslim men. Further, some see an internal contradiction in the way the law is sought to be
framed. On the one hand it says instant triple talaq in any form is void, thereby declaring that the
marriage continues to subsist; but it also talks of issues such as the custody of children and maintenance,
which would arise only after a divorce. These are valid concerns and cannot be dismissed by the BJP as
arguments aimed to sabotage the Bill.
The Bill is now in the Rajya Sabha, where the BJP and its allies do not have a majority. Some of its key
allies, such as the AIADMK, the Telugu Desam Party and the Biju Janata Dal, are against the penal
provision. The Congress, the main Opposition party, let the Bill sail through in the Lok Sabha, but has
taken the position that referring it to a parliamentary committee may help remove some lacunae.
Initially the party appeared to question the prescription of a jail term, but it has raised a new question. It
wants to know whether the government would take care of the sustenance of the woman concerned if her
husband is jailed for uttering triple talaq. The dilemma before the Congress is that it cannot be seen as
reprising the role it had played over 30 years ago in the Shah Bano episode, when it brought in legislation
to scupper a Supreme Court verdict in favour of a Muslim woman’s claim for maintenance. However,
hasty legislation passed in the commotion of a divided House may not help the cause. A sound legal
framework to deal with all issues arising from instant talaq ought to be crafted after deeper
consideration.
Posit - postulate ; put forward as fact or as a basis for argument.
EDITORIAL
Evidence of fragility: on underwhelming growth estimates

JANUARY 08, 2018 00:02 IST
Underwhelming growth estimates come amid worrying data on agriculture
F ive months after Chief Economic Adviser Arvind Subramanian predicted that economic growth was
likely to be closer to 6.5% in the current fiscal year, the Central Statistics Office has forecast that the gross
domestic product (GDP) would expand at precisely that pace in the 12 months ending in March. The
headwinds that had been flagged by Mr. Subramanian at that time are proving to be the crucial factors
dampening momentum. For one, gross value added, or GVA — which excludes taxes that feature in the GDP
number — is projected to grow by 6.1%, slowing from a provisional 6.6% in 2016-17, as manufacturing and the
agriculture, forestry and fishing components of GVA decelerate. Second, the key investment metric of gross
fixed capital formation, though estimated to show faster growth, is expected to shrink in terms of proportion
to GDP: to 29%, from 29.5% in the provisional estimates for 2016-17 and 30.9% in 2015-16. With the Index of
Industrial Production (IIP) data released in mid-December also reflecting a sharp slowdown over the seven-
month period from April to October, there are signs that the rebound seen in the second quarter may be far
more vulnerable to unravelling than previously considered. With agriculture struggling for traction, despite a
‘normal’ monsoon, the prospect of private final consumption expenditure regaining vigour in a hurry seems
remote, especially since rural households make a sizeable contribution to aggregate demand. The forecast for
consumption spending posit both a slowdown in growth to 6.3% in 2017-18, from 8.7% a year earlier, and a
marginal contraction in share of GDP.
That softer growth estimates have come at a time when the government’s fiscal deficit has already crossed the
budget estimate for the full year, and GST collections are underwhelming, is a particular cause for concern.
With Brent crude hovering around $67 a barrel, oil prices are now well above the $60-65 range that the
Economic Survey had flagged as having the potential to undermine both consumption and public and private
investment. Data on kharif foodgrain production used by the CSO in computing GVA in agriculture, while
provisional, project an almost 3% drop in output in 2017-18. This raises the possibility of stronger
inflationary pressures on food prices in the coming months. With consumer price inflation having
accelerated in November to 4.88%, the fastest pace in 15 months, monetary authorities at the Reserve Bank of
India will have little to no leeway to mull interest rate reductions to support growth. On their part,
policymakers must bank on building on the measures taken to unclog the credit pipelines, including the
recent steps to recapitalise state-owned lenders. Other initiatives must include moves to re-energise the
export sector: there may be no better time to make the most of the ‘fair winds’ of a strong global economic
rebound that are blowing.
Clamour - Repeat the strokes quickly on (bells) so as to produce a loud sound.
Embattled - to be arrayed for battle.
EDITORIAL
Theatre of the absurd: on Donald Trump’s response to 'Fire and Fury'

JANUARY 09, 2018 01:02 IST
Donald Trump’s response to a new book strengthens concern about his temperament
T he office of the President of the United States took on the air of a Shakespearean farce as Fire and Fury, a
tell-all, insider account of dysfunction, bitterness and chaos within the White House, was shot-gunned across
the Internet. Although the book was released on Friday, its author, Michael Wolff, and publishers, Henry Holt
& Co., were perhaps taking no chances in disseminating it thus, given that Donald Trump had reacted
furiously on Twitter to its impending release, and his lawyers reportedly sent them a cease-and-desist notice.
Mr. Trump’s anger was evident when he earlier said that former White House strategist Steve Bannon, who
allegedly provided much of the inputs used in the book, had “lost his mind” and had been “dumped like a
dog”. Mr. Trump had uncharitable words for Mr. Wolff as well. It is relevant to ask what the book is and what it
is not. In the view of most White House analysts, it is a collection of statements that amount to gossip by
members of Mr. Trump’s inner coterie. It is not, according to many who cover the White House, a work of
journalistic merit, or a rigorous factual account backed by catalogued evidence. Yet, even if one discounts
many of the claims made in Fire and Fury, it paints an unmistakable picture of profound instability in Mr.
Trump’s office.
Consequently, the debate has circled back to the question of his mental health and his ability to discharge the
duties of his office. If he is found wanting in this regard, his Cabinet and Congress may, under the provisions
of the U.S. Constitution’s 25th Amendment, remove him from office. Twenty-seven psychiatrists, including
those from top universities, have described Mr. Trump’s mental state as “dangerous”; some have called for an
emergency evaluation of his mental capacity. Mr. Trump’s weekend tweet that he was “a very stable genius”
indicates that he is conscious of the growing clamour around the mental health question. Beyond this,
however, what the embattled state — as described by the book — of White House functioning indicates is that
Mr. Trump may not have expected to win the presidency at all. And that he only joined in the race for the
mind-boggling publicity — and by extension commercial gain — that it could bring him and the Trump
Organization. This theory would indeed explain certain broad trends witnessed since his inauguration,
including a shortage of broad, programmatic or ideological approaches to policy issues and sudden policy
shifts — particularly in the realm of foreign policy — which do not seem to factor in knock-on effects.
Whatever the truth, this was the leader that the American electorate chose. The world must now live with the
consequences of the decision.
EDITORIAL
Data theft: on UIDAI exposé

JANUARY 09, 2018 00:02 IST
The UIDAI exposé is another reminder of the need for a robust data protection law
U ndercover investigations or so-called sting operations occupy a complex and problematical ethical
space in journalism, but it is impossible to fault The Tribune’s exposé, published after accessing Aadhaar’s
database of names, numbers and addresses. To begin with, the public interest — which lay in showing how
easily the database could be breached and drawing attention to the existence of an organised racket to
facilitate this — far outweighed, or more than compensated for, the act of unauthorised access, in this case
secured on payment of a few hundred rupees. The investigation was written up in the best journalistic
tradition — it focussed on how the data were being mined for money, it did not leak any Aadhaar numbers or
other details to establish this, and it sought and received a response from shocked officials of the Unique
Identification Authority of India before going to print. So it would have been a travesty of justice if The
Tribune and the reporter who broke the story were treated as accused in the case where the charges include
cheating under impersonation. It would have amounted to more than shooting the messenger. It would have
constituted a direct attack on free public-spirited journalism and dissuaded attempts to hold public
authorities and institutions accountable for shortcomings and promises.
As for the FIR filed against the journalist, the UIDAI has clarified it needed to provide the full details of the
incident to the police and that this did not mean “everyone mentioned in the FIR is a culprit…” In response to
widespread disapproval of the prospect of a case being registered against the journalist, the Delhi police have
belatedly clarified that they would focus on tracing those who sold the passwords to enable access to the
information. Given the noisy hubbub and the misinformation about what was breached, it is perhaps
important to stress that the encrypted Aadhaar biometric database has not been compromised. The UIDAI is
correct in stating that mere information such as phone numbers and addresses (much of which is already
available to telemarketers and others from other databases) cannot be misused without biometric data. The
suggestion that the entire Aadhaar project has been compromised is therefore richly embroidered. But even
so, it is obligatory for those who collect such information — whether it is the government or a private player
such as a mobile company — ought to see that it is secure and not used for purposes other than that for which
it was collected. In this digital age, a growing pool of personal information that can be easily shared has
become available to government and private entities. India does not have a legal definition of what
constitutes personal information and lacks a robust and comprehensive data protection law. We need to have
both quickly in place if the Supreme Court’s judgment according privacy the status of a fundamental right is
to have any meaning.
Hubbub - a chaotic din caused by a crowd of people.
Embroider - add fictitious or exaggerated details to (an account) to make it more interesting.
EDITORIAL
On death of tiger in Bor reserve: Avoiding roadkill

JANUARY 10, 2018 00:02 IST
Roads must be kept out of wildlife corridors to protect tigers and other animals
T he tragic death of Bajirao, one of India’s breeding tigers from the Bor reserve in Maharashtra, on a
highway is a reminder that building unsuitable roads through wildlife habitats has a terrible cost. Losing a
charismatic tiger in its prime to a hit-and-run accident is an irony, given that it is one of the most protected
species. Successive Prime Ministers have personally monitored its status. Yet, the fate of the big cat, and that
of so many other animals such as leopards, bears, deer, snakes, amphibians, butterflies and birds that end up
as roadkill, highlights the contradictions in development policy. It is inevitable that new roads are built, but
good scientific advice to keep them out of wildlife corridors is mostly ignored. The sensible response to the
growing number of roadkills should be to stop road construction in wildlife habitat and reassess the impact.
After all, protected areas are just 4% of the land. India is committed to such an approach under Article 14 of
the Convention on Biological Diversity. The Centre and the National Highways Authority of India have been
repeatedly advised by the National Board for Wildlife, as well as independent researchers, to realign or modify
sensitive roads. They should heed their sound advice.
An assessment by the Wildlife Institute of India states that tigers in at least 26 reserves face the destructive
impact of roads and traffic. The National Tiger Conservation Authority should insist on modification of
existing roads to provide crossings for animals at locations identified in various studies. A more robust
approach would be to realign the roads away from all such landscapes. Users can be asked to pay a small price
for the protection of vital environmental features, and more areas for nature tourism can also raise revenues.
This would ensure that tigers and other animals are not isolated, and can disperse strong genetic traits to
other populations. In one well-studied case of two populations of breeding tigers in the Kanha-Pench
corridor, which also forms part of the sensitive central Indian belt, scientists commissioned by the
Environment Ministry found that a national highway could block flow of genes between regions. The remedy
suggested for NH7 was a combination of realignment and creation of long underpasses for animal
movement. That is the sustainable way forward, and the Centre should order the modifications without delay
wherever they are needed. It would be consistent with the Wildlife Action Plan 2002-2016 announced by Atal
Bihari Vajpayee as Prime Minister. Also, curbs should be imposed on traffic on existing roads passing through
sanctuaries. This can be done using speed restraints and by allowing only escorted convoys, with a ban on
private vehicular movement at night. Restrictions should be applicable to religious tourism as well. Without
a determined effort, roadkill will severely diminish India’s conservation achievements.
Curative Petition -
EDITORIAL
On Section 377: Question of equality

JANUARY 10, 2018 00:02 IST
The Supreme Court has an opportunity to reconsider its 2013 order criminalising gay sex
T he time has come to undo the judicial wrong done to homosexual individuals in 2013, when the
Supreme Court upheld the validity of Section 377 of the Indian Penal Code, which criminalises gay sex. A
reconsideration of the flawed verdict in Suresh Kumar Koushal is now in prospect. A three-judge Bench
has opened up an opportunity to reconsider that verdict, which came to the disturbing conclusion that
the LGBT community was just a “minuscule fraction” of the population and also ruled that those having
sexual intercourse “against the order of nature” constituted a separate class on which the law could
validly impose penal sanctions. Although the matter is already before a Constitution Bench by way of a
curative petition against the earlier judgment, the latest order is on a fresh petition challenging Section
377. It draws from the observations in the nine-judge Bench judgment in the ‘right to privacy’ case. The
majority observed in Justice K.S. Puttaswamy v. Union of India that “equality demands that the sexual
orientation of each individual in society must be protected on an even platform. The right to privacy and
the protection of sexual orientation lie at the core of the fundamental rights guaranteed by Articles 14, 15
and 21 of the Constitution.” The Bench has rightly observed that social morality changes from age to age,
that “the morality that public perceives, the Constitution may not conceive of,” and that what is “natural
to one may not be natural to another”.
Thus, there is fresh hope that the Delhi High Court judgment of 2009, which read down Section 377 to
decriminalise consensual sex between adults, may be restored. Ever since the court, in National Legal
Services Authority v. Union of India (2014), concerning the rights of transgender persons, questioned the
Koushal reasoning, there has been a body of jurisprudence that sees gender identity and sexual
orientation as an aspect of privacy, personal freedom and dignity. It is not yet clear if the present petition
and the curative petition will be heard together. A curative petition is normally allowed only on the
limited grounds of violation of principles of natural justice and circumstances suggesting possible bias
on the part of judges. In contrast, the latest petition has paved the way for a comprehensive hearing on all
dimensions of the right of individuals to affirm their sexual orientation. In this, the court must not
confine itself to the issue of privacy, but also address the discrimination inherent in Section 377 on the
basis of sexual orientation. The formulation in Koushal that constitutional protection is not available to
a tiny fraction of the population can be overturned only on the touchstone of Article 14, which protects
the right to equality.
Curative petition
The concept of Curative petition was evolved by the Supreme Court of India in the matter of Rupa Ashok Hurra vs. Ashok Hurra
and Anr. (2002) where the question was whether an aggrieved person is entitled to any relief against the final judgement/order of
the Supreme Court, after dismissal of a review petition. The Supreme Court in the said case held that in order to prevent abuse of
its process and to cure gross miscarriage of justice, it may reconsider its judgements in exercise of its inherent powers. For this
purpose the Court has devised what has been termed as a "curative" petition. In the Curative petition, the petitioner is required to aver
specifically that the grounds mentioned therein had been taken in the review petition filed earlier and that it was dismissed by
circulation. This has to be certified by a senior advocate. The Curative petition is then circulated to the three senior most judges
and the judges who delivered the impugned judgement, if available. No time limit is given for filing Curative petition.
Aver - state or assert to be the case.

Requirements Impugned - challanged, disputed.
To entertain the curative petitions, the court has laid down certain specific conditions. Its laid down in order The requirements which
are needed in order to accept the curative petitions are:
1. The petitioner will have to establish that there was a genuine violation of principles of natural justice and fear of
the bias of the judge and judgement that adversely affected him.
2. The petition shall state specifically that the grounds mentioned had been taken in the review petition and that it was
dismissed by circulation.
3. The curative petition must accompany certification by a senior lawyer relating to the fulfillment of the above
requirements.
4. The petition is to be sent to the three senior most judges and judges of the bench who passed the judgement
affecting the petition, if available.
5. If the majority of the judges on the above bench agree that the matter needs hearing, then it would be sent to the
same bench (as far as possible).
6. The court could impose “exemplary costs” to the petitioner if his plea lacks merit.
Review Petition
In India, a binding decision of the Supreme Court/High Court can be reviewed in Review Petition. The
parties aggrieved on any order of the Supreme Court on any apparent error can file a review petition. Taking
into consideration the principle of stare decisis, courts generally do not unsettle a decision, without a strong
case. This provision regarding review is an exemption to the legal principle of stare decisis.
Article 137 of the Constitution provides that subject to provisions of any law and rule made under Article 145
the Supreme Court of India has the power to review any judgement pronounced (or order made) by it. Under
Supreme Court Rules, 1966 such a petition needs to be filed within 30 days from the date of judgement or
order. It is also recommended that the petition should be circulated without oral arguments to the same bench
of judges that delivered the judgement (or order) sought to be reviewed.
Furthermore, even after dismissal of a review petition, the SC may consider a curative petition in order to
prevent abuse of its process and to cure gross miscarriage of justice.
Stare decisis - The principle by which judges are bound to precedents is known as stare decisis. Black's Law
Dictionary defines "precedent" as a "rule of law established for the first time by a court for a particular type
of case and thereafter referred to in deciding similar cases"
Harangued - lecture (someone) at length in an aggressive and critical manner.
EDITORIAL
On playing National Anthem in cinema halls: Not by diktat alone

JANUARY 11, 2018 00:02 IST
Supreme Court does right to make playing of the national anthem before a film optional
B y making it optional for cinema halls to play the national anthem before every show, the Supreme
Court has at last removed the coercive element it had unfortunately introduced by an interim order in
November 2016. Laying down a judicial rule that the anthem must be played on certain occasions in
specific places, in the absence of any statutory provision to this effect, was unnecessary and opened the
court to charges of over-reach. With the Centre saying this directive could be placed on hold, and that it
would set up an inter-ministerial committee to recommend regulations for the presentation of the
national anthem, the court has said it is not mandatory to play it in cinema halls. The panel will also
suggest changes in the Prevention of Insults to National Honour Act, 1971, or in the Orders relating to the
anthem issued from time to time. Justice D.Y. Chandrachud, one of the three judges on the Bench, had at
an earlier hearing doubted the wisdom of asking patrons of cinema to visibly demonstrate their
patriotism each time they entered a theatre to watch a film, remarking that there was no need for an
Indian to “wear his patriotism on his sleeve”. He had asked at what point would such “moral policing”
stop if it were to be prescribed that some kinds of apparel should not be worn at the movies as they could
amount to showing disrespect to the national anthem. The court’s order also had some unintended, but
not unforeseen, consequences. The audience began looking for signs of ‘disrespect’ and there were
reports of vigilantism, with people beaten up or harangued for not standing up.
Even those who contend that “constitutional patriotism” and the demonstration of respect for the
national anthem require the framing of such mandatory measures cannot explain why cinema houses
should be singled out or why such rules shouldn’t apply to other halls or enclosures where meetings and
performances take place. This is not to suggest that symbols of national honour are undeserving of
respect. Neither is it to question the idea that citizens must show due respect whenever the anthem is
played or the flag is displayed. But as the Bench has pointed out, “the prescription of the place or occasion
has to be made by the executive keeping in view the concept of fundamental duties provided under the
Constitution and the law.” In a mature democracy, there is really no need for any special emphasis, much
less any judicial direction, on the occasion and manner in which citizens ought to display and
demonstrate their patriotism. If rules are needed for the purpose, it is for Parliament to prescribe them
by law. As subscribers to common democratic ideals, citizens should be presumed to have a natural
respect for symbols of national honour, and should not have to be made unwilling participants in a
coercive project.
Salvo - a sudden, vigorous, or aggressive act or series of acts.
Eschew - deliberately avoid using; abstain from.
coat tails - influence or pulling power of a popular movement or person
EDITORIAL
On H-1B visa rules: Visa heartache

JANUARY 11, 2018 00:02 IST
Fears of Indians being deported from the U.S. over the H-1B visa may be alarmist
T he United States’ H-1B visa has for decades been a source of nail-biting tension in India. The latest case
in point was a scare that President Donald Trump’s administration was toying with the idea of new
regulations that would restrict extension of the visa by those awaiting a green card. Leaving aside technical
reasons why such regulations may not take off, the contentious history of the H-1B visa should have given
pause to alarmist claims between 500,000 and 750,000 Indians in the U.S. would have to “self-deport”. The
majority of the 65,000 H-1B regular-cap visas and 20,000 H-1B advanced-degree visas made available each
year are scooped up by Indian nationals, many assimilated into the backbone of the U.S. tech industry.
Nevertheless, given the number of times that protectionist rhetoric has identified this visa category as a soft
target, and the relatively high frequency of spikes in political pressure to protect American jobs, one would
expect a more nuanced reaction than unbridled panic. In the past, even during the Obama administration,
the bipartisan Comprehensive Immigration Reform plan called for the tightening of qualifying conditions
for the H-1B visa. As recently as 2017, four bills were tabled in the U.S. Congress mooting new proposals to
clamp down on H-1B visas. None came to fruition. The last salvo was Mr. Trump’s executive order in April,
which was accompanied by much fist-banging but ultimately only called for modest changes, mainly a
multi-agency study on what reforms are required.
The apparently endless cycles of heartache over the H-1B visa stem from a fundamental reality: that the visa
itself is designed to be a non-immigrant entry ticket into the U.S. economy, but over time it has
metamorphosed into a virtual pathway to permanent residency and citizenship, particularly in the case of
Indian nationals. The most important reason for this is that most of these “speciality occupation” workers —
primarily experts in fields such as IT, finance, accounting, and STEM subjects — fill a real void in the U.S.
labour force. It is not only Indian tech firms whose employees get awarded H-1B visas, but it is to a great
extent a visa that Silicon Valley giants such as Microsoft, Intel, Amazon, Facebook and Qualcomm rely on for
their staffing needs. Thus, there is a self-limiting dimension to any reform that purports to slash H-1B
allocations, so that no President or lawmaker would want to be seen as causing economic pain to the
companies on whose coat-tails the U.S.’s reputation as a global tech leader rides. Indian policymakers, who
appear to be aware of this subtle truth, should focus their efforts on quiet back-channel lobbying, and eschew
knee-jerk reactions every time the “Buy American, Hire American” rhetoric echoes in Washington.
EDITORIAL
On privatisation of Air India: Ready for sale

JANUARY 12, 2018 00:02 IST
The decision to allow 49% foreign stake in Air India sets the stage for its privatisation
T he Union Cabinet has approved a series of changes in foreign direct investment norms as the
government prepares to enter the last lap of its economic policy-setting phase ahead of the 2019 election.
Key among these was the decision to allow up to 49% overseas ownership, including by a foreign airline,
in Air India. This comes just a little more than six months after the Cabinet Committee on Economic
Affairs gave its nod for a strategic disinvestment of the airline. The relaxation in ownership norms clears
the decks for possible bidders such as the Singapore Airlines-Tata combine and Jet Airways — with its
overseas equity and route partners — to make a more detailed commercial assessment of the investment
opportunity the state-owned flag carrier presents. For the fiscally constrained government, the decision
couldn’t have come sooner. With the Union Budget due soon and the government woefully short of its
budgeted strategic disinvestment goal for the current financial year — as of end-November, only 28% of
the targeted ₹15,000 crore had been realised — the hope must be for an accelerated timetable for the stake
sale. Still, the fulfilment of a necessary condition for a strategic sale doesn’t automatically become
sufficient grounds for a successful privatisation. Given the carrier’s accumulated debt of about ₹50,000
crore and the fact that the interest of potential investors is likely to be focussed on Air India’s lucrative
long-haul international routes and its fleet of more than 40 wide-bodied aircraft, disinvestment will be
neither easy nor guaranteed. At the very least, the government needs to set a clear, unambiguous road
map for the sale process.
The other reform cleared by the Cabinet was the crucial decision to put 100% FDI in Single Brand Retail
Trading under the ‘automatic’ route, accompanied by the long-sought relaxation of mandatory local
sourcing norms. This had been a major issue with potential investors including Apple, which had
repeatedly urged the government to take a more benign view given the level of technological
advancement incorporated in its products and the difficulty in finding local sources of supply at the
requisite scale. The five-year holiday on the 30% local-sourcing requirement is expected to give
companies setting up shop here adequate time to identify, train and even technologically assist in the
creation of local supply chains. If this decision was going to be made, it is surprising it was not done in
November 2015, when the Centre changed tack and opened up single brand retail to 100% FDI. An early
decision would have helped, given the sector’s potential for job-creation and technology upgradation.
Still, better late than never.
EDITORIAL
Towards stability in Nepal

JANUARY 12, 2018 00:02 IST
Nepal must hasten the process of government-formation
A month after the Left Alliance secured a decisive victory in Nepal’s parliamentary elections, a
government is yet to be formed in Kathmandu. The Alliance was forged just before the elections between
the Communist Party of Nepal (Unified Marxist-Leninist) and the Communist Party of Nepal (Maoist
Centre). The transfer of power from the Nepali Congress to the UML-led coalition was delayed initially
due to procedural issues. The Upper House, or the National Assembly, needed to be indirectly elected by
the provincial assemblies. The parties had disagreed on the means of this indirect election, with the NC
advocating a proportional representation-single transferable vote system, and the UML seeking a
majority vote. After President Bidhya Devi Bhandari ratified a long-pending ordinance that allowed
elections based on the single transferable vote in late December 2017, this issue appeared to have been
resolved. But there are other procedural issues to be sorted out. In consultation with the Left Alliance, the
caretaker government has to first appoint governors to the seven provinces. Then, the process of
choosing their capitals, in order to convene the Assemblies, can be completed. Tentative proposals on
new capitals had given rise to protests in several towns, and the main political parties are unwilling to
take a clear position on the issue. The caretaker NC government does not seem to be particularly keen on
resolving this, and a proposal has been floated to allow the provincial assemblies to convene in
Kathmandu first. In the absence of a consensus, this may be best.
The clear and decisive choice by the electorate in the polls has put the responsibility of operationalising
the intricate provincial model on the Left Alliance. Once the process of nominations to the National
Assembly is complete — with 33% of the overall representation in Parliament reserved for women — the
election of the Prime Minister will follow. It is a foregone conclusion that UML leader K.P. Oli will be
elected: the party got close to the majority mark on its own in the first-past-the-post seats. Ten years
since the end of the civil war and the convening of the Constituent Assembly, the promise of economic
development has been belied. This is one of the reasons behind agitations called by democratic and
republican forces seeking a new CA. Nepal’s economy continues to be highly dependent on remittances
from Nepali migrants as the agrarian sector and industrial growth, especially in the hydro-energy sector,
have stagnated. For too long, political posturing and the game of thrones involving the major parties, the
UML, the NC and the Maoists, in Kathmandu have become pursuits in themselves. With the Left Alliance
promising a greater degree of cohesion and winning a clear victory, the sooner the process of election of a
new Prime Minister is accomplished, the faster Nepal can get on with the business of governance.
Echelon - a level or rank in an organization, a profession, or society.
Misgiving - a feeling of doubt or apprehension about the outcome or consequences of something
Discomfit - make (someone) feel uneasy or embarrassed
EDITORIAL
Judiciary in turmoil
JANUARY 13, 2018 00:04 IST
It is a great misfortune that an internal rift has moved inexorably towards a full-blown crisis
I t is a development that is both momentous and unfortunate. The press conference held by four
senior judges of the Supreme Court has exposed an unprecedented level of dissension in the top
echelons of the judiciary. It is regrettable that the banner of revolt has been raised in such a public
way against the Chief Justice of India, Dipak Misra. Regardless of who is right in the current dispute
over the administrative functioning of the CJI, the reverberations of what took place on Friday will
not easily subside and will be felt for a long time to come. There was ample evidence over the last few
months that the highest court was in a state of ferment; the question is whether it could have been
handled internally rather than be dragged into the open like this. Although Justices J. Chelameswar,
Ranjan Gogoi, Madan B. Lokur and Kurian Joseph — the seniormost judges after the CJI — did not
reveal too many details, it is clear that their grievances are rooted in their perception that Justice
Misra is misusing his administrative powers to assign cases “selectively”, disregarding conventions
on allocation of judicial work. They have added for good measure that cases with far-reaching
consequences for the nation and the institution are being assigned to junior judges and Benches “of
their preferences”, a suggestion that is being read by some as an ominous reference to an unknown
external hand. It ought to be underscored here that the Chief Justice is indeed the master of the
roster; even the four judges concede that this is a well-settled law, one that is reflected in a
Constitution Bench judgment in 1998. While accepting the rule that the Chief Justice alone can
decide the composition of Benches and allot judicial work, they allege that Justice Misra is departing
so far from set conventions that it would have “unpleasant and undesirable consequences”,
ultimately casting a doubt on the integrity of the institution itself. Logically, this is an internal
matter of the judiciary, one that is best settled through deliberations in a full court meeting of all the
Supreme Court judges themselves.
The letter written by the four judges to the Chief Justice, which became available to the media, and
the manner in which the press conference played out, suggest that the grievances go much deeper
than what was written or said. The germ that led to the outbreak of the current conflict could be the
controversial Prasad Education Trust case, in which the petitioners alleged that some individuals
were plotting to influence the Supreme Court. In an unusual order, a Division Bench headed by
Justice Chelameswar went ahead to delineate the composition of the Bench to hear the case, in which
charges of judicial corruption were made, coupled with hints that there would be a conflict of
interest if Justice Misra were to hear it. Eventually, a five-judge Bench headed by Justice Misra
overturned the order and asserted that the CJI was indeed the master of the roster and that he alone
could assign cases and decide on the composition of benches. While there is no questioning who has
the power to determine the roster, what the four judges are essentially questioning is how this power
has been exercised. Judicial work is primarily allocated based on a roster, and individual cases are
allotted to Benches based on the category under which they fall. Once the roster is fixed, the CJI
should ordinarily see that it is duly followed. Exceptions must be rare, and that too only for
compelling reasons. While it is not clear in how many cases such exceptions were made, the four
judges seem to have had an issue over the petition that sought an inquiry into the death of special
CBI judge B.H. Loya in 2014 being posted before a particular Bench. The deceased judge was hearing
the Sohrabuddin ‘fake encounter’ case, in which BJP president Amit Shah was an accused but later
discharged. Given the political sensitivity of the matter, the concern expressed over this case is
something that must be squarely addressed in a way that dispels any misgivings.
As for the government of the day, it must stay steadfastly away from the internal conflict in the
judiciary — something that it has professed it will do. Rather than be inexplicably silent, it must
disclose its position on the Memorandum of Procedure for judicial appointments and communicate
this clearly to the Supreme Court. One of the specific issues raised in the letter written by the four
judges relates to this issue. They have suggested that since the Centre had not responded to the MoP,
effectively it was deemed to have been accepted. Given this, they have questioned why a two-
member Bench had reopened the issue when the matter was already decided by a Constitution Bench.
Rather than brush away the concerns of the four judges, the Chief Justice must convene a meeting of
the full court and give them a patient and careful hearing. Disapproval of the form of their protest
must not cloud the substance of their grievances. That four senior Supreme Court judges could have
been pushed to take such a drastic and unprecedented step suggests that the differences were
allowed to fester and divisions allowed to run deep. Also, that they believed, rightly or otherwise, that
their options of settling their differences internally were exhausted. It is best that there is no more
airing of differences in public and that this incident is regarded by posterity as an aberration rather
than a precedent. About a year ago, the nation was discomfited that the executive and the judiciary
were publicly, and often very strongly, disagreeing over judicial appointments. An internal rift in the
judiciary is far more serious. It poses the risk of diminishing the image of the judiciary and the
esteem it enjoys in society. This institution has illumined national life for more than six decades, but
a dark shadow hangs over it now. It is a moment for collective introspection.
Cobweb Phenomoenon - In economics, fluctuations occurring in markets in which the quantity supplied by
producers depends on prices in previous production periods. The cobweb cycle is characteristic of industries in which
a large amount of time passes between the decision to produce something and its arrival on the market. It occurs most
commonly in agriculture, because the decision of what to produce in the coming year is often based on the results of
the previous year. For example, if corn prices are particularly high in a given year, more farmers will choose to plant
corn the next year to take advantage of the high price. This increased supply, however, will lead to lower prices.
Glut - an excessively abundant supply of something.
EDITORIAL
Problem of plenty: on devising a sound agricultural policy

JANUARY 16, 2018 00:02 IST
Agricultural policy should look to address the problem of severe price fluctuations
T here appears to be no end in sight to the cycle of boom and bust in the prices of agricultural
goods. Over the last few weeks, across India the price of potatoes has fallen sharply after a year of
bumper production. With the price of a kilogram of potato dropping as low as under a rupee in
certain wholesale markets, many distressed farmers have left their produce to rot on the roads, and in
cold storage facilities. Curiously, potato prices were many times higher just months ago amid scarce
supply. Last year, the price of other produce like red chilli, tur dal and tomato witnessed a similar
trend of steep falls compared to the previous season. The sharp swing in prices has been explained by
the Cobweb phenomenon. Farmers tend to increase the production of certain crops in response to
their high prices during the previous season, which in turn leads to a supply glut that causes prices to
crash. The cycle repeats each passing year, with the lag between price and production causing a huge
mismatch between supply and demand. The present fall in potato prices comes against the backdrop
of a slowdown in the rural economy. According to advance GDP estimates released by the
government last week, farm growth is expected to drop from 4.9% in 2016-17 to 2.1% in 2017-18.
Given the humanitarian and political costs of agricultural distress, particularly in a year when many
big States go to the polls, local governments could turn towards populism to satisfy their rural voter
base. This could come in the form of fiscal measures such as farm loan waivers, a higher minimum
support price for farm produce, or some combination of the two. The next Union budget may well be
focussed on the rural economy through fiscal measures. Such relief measures that temporarily ease
the pain on farmers, however, will fail to make a significant difference to their lives in the long run.
Any permanent solution to the problem of agricultural distress will have to deal with the challenge of
price fluctuations. The boom-and-bust cycle is the result of a broken supply chain that is over-
regulated. In the absence of a robust market for buying and selling forward-looking contracts,
farmers are left to fend for themselves against severe fluctuations. In addition, the domination of the
wholesale market by cartels prevents farmers from receiving a fair price even when their produce is
sold at much higher rates to consumers. The government must resolve to address these structural
issues, and not limit itself to ad hoc policy measures in firefighting mode. There is a need to give
farmers not just a better, but also more stable, return on their crops.
Tunis is the capital and the largest city of Tunisia.
EDITORIAL
After the Spring: the seventh anniversary of the Jasmine Revolution

JANUARY 16, 2018 00:04 IST
Tunis must do more to reclaim people’s confidence in view of anti-austerity protests
T
(see Annex )
unisians have seized on commemorations of the Jasmine Revolution’s seventh anniversary to oppose
the government’s austerity measures. In a way, the continuing clamour in the North African state is for a
consolidation of the fragile gains from the 2011 revolution that set off the Arab Spring. In the weeks-long
demonstrations, at least one person has been killed and a few hundred activists detained. The trigger for the
unrest is the stringent terms attached to the government’s recent budget — a precondition for the $2.9 billion
loan from the IMF. Lower petrol subsidies and higher taxes on cars and utilities are among the measures
proposed to reduce the fiscal deficit, currently at 6% of GDP, to 4.9% by the year-end. Further fuelling the
anger are the 25% youth unemployment rate, twice the national average, and persisting disparities among
regions. Tourism has been one of the sectors worst-hit by the political unrest of recent years and the 2015
terrorist attacks. The government has promised $70 million in aid to support the poorer communities in a bid
to quell the protests. But as the opposition Popular Front has set its sights on the withdrawal of the budget,
there are few signs of the turmoil subsiding anytime soon.
The country-wide opposition and police action have, understandably, led to comparisons with Tunisia’s 2011
popular uprising that spread across the Arab world. The relatively stable transition witnessed in Tunis, in
contrast with the authoritarian backlash in other countries, saw Tunisia being hailed as a global model.
Perhaps conscious of this, Prime Minister Youssef Chahed has been cautious, confining his criticism to the
violence behind the opposition rather than the expression of dissent per se against the fiscal reforms. But he
would have to show demonstrable progress in implementing democratic reforms to restore confidence in the
government’s ability to deal with the discontentment. Of particular concern is a 2015 security law that has
been revived following the recent death of a police official. Civil society groups are apprehensive that the
measure is intended to grant immunity to the police and the military, as well as to penalise critics. Another
controversial law passed in September to grant amnesty to officials charged with corruption allegedly
committed during the nearly 25-year rule of Tunisia’s ousted dictator Zine El Abidine Ben Ali is being
challenged by some parliamentarians. In recent years, the IMF has seemed more alive to the macroeconomic
issues confronting developing countries, even as it has administered the usual recipe of structural reforms.
Tunis could do with international support to prevent the country from slipping into the kind of chaos and
uncertainty that has gripped the rest of the region. European Union nations in particular have an interest in
promoting political and economic stability, in the light of migrant outflows from North Africa to the
continent. Above all, the leadership in Tunisia could do more to reclaim popular trust.
Jasmine Revolution - The Tunisian Revolution was an intensive campaign of
civil resistance, including a series of street demonstrations taking place in
Tunisia, and led to the ousting of long time president Zine El Abidine Ben Ali in
January 2011. It eventually led to a thorough democratization of the country and
to free and democratic elections.
The demonstrations were caused by high unemployment, food inflation,

corruption, a lack of political freedoms like freedom of speech and poor living
conditions. The protests constituted the most dramatic wave of social and political
unrest in Tunisia in three decades and resulted in scores of deaths and injuries,
most of which were the result of action by police and security forces against
demonstrators.
The protests were sparked by the self-immolation of Mohamed Bouazizi on 17

December 2010 and led to the ousting of President Zine El Abidine Ben Ali 28
days later on 14 January 2011, when he officially resigned after fleeing to Saudi
Arabia, ending 23 years in power. Labour unions were an integral part of the
protests. The Tunisian National Dialogue Quartet was awarded the 2015 Nobel
Peace Prize for "its decisive contribution to the building of a pluralistic democracy
in Tunisia in the wake of the Tunisian Revolution of 2011". The protests inspired
similar actions throughout the Arab world, known as the Arab Spring.
EDITORIAL
All gore: jallikattu in Tamil Nadu

JANUARY 17, 2018 00:15 IST
Regulating jallikattu remains an impossible challenge for district authorities in Tamil Nadu
W ith animal rights activists at the head of the campaign against jallikattu, more attention seems to
have been paid to cruelty to the bulls than the inherently dangerous nature of the bull-taming event,
that puts both spectators and participants at risk. Two onlookers have died in the space of two days in the
jallikattu events in Palamedu and Avaarangadu in Tamil Nadu as the barricades separating the
spectators from the arena were inadequate. Two others were killed in the manjuvirattu (a variant of
jallikattu) at Siravayal when the bulls were unleashed outside the earmarked arena, a violation of due
procedure. Clearly, the safety arrangements monitored by the district administration at these annual
events in the Pongal season failed to prevent death and injury. With some of the events inducting more
than 400 bulls and almost twice as many tamers, jallikattu has become a disorderly spectacle, making a
mockery of even well-laid-out plans. The Animal Welfare Board of India, which was earlier in the
forefront of documenting instances of mismanagement in the organising of jallikattu events, seems to
have shifted its stance with a change of office-bearers. Other than spotting some “small mistakes” and
“human errors”, the AWBI team’s convener, S.K. Mittal, found little amiss in the Palamedu event. The
concern, instead, was on preserving “native breeds” of bulls. After last year’s protests against the Supreme
Court ban on jallikattu, when thousands of people gathered in public places in Tamil Nadu demanding a
revival of the sport, the authorities have been wary of condemning bull-taming during Pongal. They now
speak the language of custom and tradition, one that is similar to that of the jallikattu enthusiasts.
When the Supreme Court banned jallikattu on the basis of submissions made by the AWBI, which
recorded instances of cruelty to animals in regulated events, it did so on the ground that regulations were
not working. Following public protests and political pressure, and on the strength of hurriedly drafted
legislation, jallikattu is now back on the Pongal calendar. But nothing much has changed on the ground.
Of course, participants and bulls are screened before being allowed into the arena. But the bulls do not
heed the barricades that are meant to fence off spectators from the arena. Also, there is the risk of hyper-
excited miscreants releasing the bulls outside the arena: this is what happened in Siravayal. District
authorities have so far failed to find better ways to regulate the events, but more than the size of an event,
the scale is the challenge. In short, there are too many events in too many places within a period of a few
days, making regulation next to impossible. It is one thing to have well-regulated jallikattu. But we are
far from staging it in a manner that leaves nothing to chance and that is insured against damage wreaked
by a rampaging bull.
EDITORIAL
Face the inevitable: the spike in bond yields

JANUARY 17, 2018 00:15 IST
Staggering the losses of banks due to a spurt in bond yields is no solution
T he sharp rise in bond yields has hit banks with losses on treasury operations dominated by
sovereign bond holdings. Rating agency ICRA believes the fall in bond prices on expectation of the
Central government breaching its fiscal deficit target has led to banks suffering a loss on paper of over
₹15,500 crore in the quarter that ended in December. The yield on Indian 10-year benchmark government
bonds has risen steeply, from about 6.5% at the end of August to 7.56% on January 16. Even the yield on
newly issued 10-year bonds that would mature in 2028 has inched up 27 basis points since January 5.
Bankers have pleaded that the Reserve Bank of India allow them to stagger the reporting of these losses
over several quarters. In seeking leeway, they have pointed to the huge burden imposed on their balance
sheets by non-performing assets clogging the banking system. After all, India’s banks, flush with cash
since demonetisation, are the largest (and captive) holders of government bonds, thanks to a regime that
requires them to maintain a high proportion of assets in them. That deposits have grown while credit
offtake has not, makes matters worse. But seeking regulatory forbearance is not the solution. This
argument may not find much traction with the banking regulator, going by Deputy Governor Viral
Acharya’s remarks on Monday.
Any kind of accounting chicanery that makes the books look rosy will come at the cost of the accuracy
with which banks reflect their financial health. Banks, which are supposed to be good at assessing not
just creditors’ credibility but also the broader trends in the economy and the financial markets, cannot
feign surprise at a rise and fall in bond yields. As Mr. Acharya has pointed out, banks understand the
impact of interest rate movements and the risks of bond investments, and they perhaps choose to ignore
this thanks to a “heads I win, tails the regulator dispenses” mindset. Just as banks need to be held
accountable for their lending decisions and their advances, treasury operations and bond investments
also need accountability and risk management systems. After all, there are trained professionals
handling their large bond market operations who know of the principles of asset allocation and the
hedging of risks. Banks should simply step up their game and address the reasons for their investment
losses instead of resorting to measures aimed at hiding their problems. Any temporary measure, such as
the request to stagger the recognition of bond losses, will only worsen it. Moreover, irrespective of the
accounting standards banks are asked to follow, the markets can easily call this bluff and bid down their
share prices.
EDITORIAL
Left behind: on the right to free, compulsory education

JANUARY 18, 2018 00:02 IST
The right to free and compulsory education must be extended to the 14-18 age group
I f there is one strong message from the findings of the Annual Status of Education Report (Rural) 2017,
it is that the Right of Children to Free and Compulsory Education Act should cover the entire spectrum of
18 years, and not confine itself to those aged 6 to 14. Guaranteed inclusion will empower those in the 14-
18 age group who are not enrolled anywhere, and help them acquire finishing education that is so vital to
their participation in the workforce. The ASER sample study estimates that 14% of this age group — a
total of 125 million young Indians in this category — are not enrolled. It is absolutely essential for all of
them to get an education that equips them with the skills, especially job-oriented vocational capabilities,
if the expectation of a demographic dividend is to be meaningful. Unfortunately, the state of rural
elementary education is far from encouraging. To begin with, only 5% of the respondents in the survey,
which was aided by the NGO Pratham, reported doing any kind of vocational course, and even among this
small minority a third were enrolled for three months or less. Moreover, learning outcomes for those
who had progressed to higher levels of schooling were shockingly low: only 43% of the youth could solve
an arithmetic problem involving division of a three-digit number by a single digit; among those who
were no longer in school, the percentage was sharply lower.
The insights available from successive studies point to progress being made in raw enrolment of children
in school, but miserable failures in achieving learning outcomes. Also, enrolment figures often do not
mean high attendance. It is not surprising, therefore, that a significant section of secondary level
students find it difficult to read standard texts meant for junior classes or locate their own State on the
map. There are also discrete differences among States on the number of youth who are not on the rolls in
appropriate levels of schooling, with 29.4% of both boys and girls aged 17-18 not enrolled in a
Chhattisgarh district, compared to 4.5% and 3.9%, respectively, in a Kerala district. The ASER data point to
a massive digital divide, with 61% of respondents stating they had never used the Internet, and 56% a
computer, while mobile telephony was accessible to 73%. Here too, girls were worse off in terms of access
to computers and the Internet. Scaling up access to these can be achieved by bringing all children under
the umbrella of a school, college or training institution. All expenditure on good education is bound to
have a multiplier effect on productivity. What is needed is a vision that will translate the objectives of the
RTE Act into a comprehensive guarantee, expanding its scope to cover all levels of education. This will
remove the lacuna in policy that awaits remedy seven decades after Independence.
EDITORIAL
No extra year for Maithripala Sirisena

JANUARY 18, 2018 00:02 IST
By approaching the court, the Sri Lankan President looked too keen to extend his term
T he Sri Lankan Supreme Court’s ruling that President Maithripala Sirisena’s term will end when he
completes five years in office comes as no surprise. What was surprising was how such a doubt had arisen
in the first place. Mr. Sirisena, who was elected President in January 2015, had wanted the court to clarify
whether he would have a six-year term as the law stood on election day or whether it would be five years
in accordance with the 19th constitutional amendment adopted in April 2015. That the Sri Lankan
President could suddenly harbour such a doubt is inexplicable given his frequent assertions that he was
that rare head of state who had voluntarily agreed to a shortening of his tenure. It is the National Unity
government that he heads along with Prime Minister Ranil Wickremesinghe that brought in the
amendment containing provisions that considerably dilute the powers of the executive presidency.
Second, the amendment has a clear, unambiguous transitional provision that the incumbent President
and Prime Minister will continue to hold their respective offices “subject to the provisions of the
Constitution as amended by this Act”. There appears to be an unfortunate trend in Sri Lanka of presidents
using constitutional provisions for political ends. Mr. Sirisena’s predecessor, Mahinda Rajapaksa, had
sought the court’s opinion on whether there was any impediment to his contesting a third term. Another
former president, Chandrika Kumaratunga, had a ‘secret’ swearing-in one year into her second term, but
the court denied her bid for an extra year in office.
Even though Mr. Sirisena’s supporters say he was exercising his right to approach the Supreme Court for a
clarification based on a valid doubt, the rationale behind his reference could only have been political. He
was obviously looking for a loophole that would give him another year in office. If he had an extra year,
his term would go on till early 2021, and he would still be president at the time of the next parliamentary
election, due in 2020. Mr. Sirisena possibly thought he needed more time to consolidate his position in
the power-sharing arrangement between his Sri Lanka Freedom Party and Mr. Wickremesinghe’s United
National Party, as well as with respect to the joint opposition that backs Mr. Rajapaksa. The developments
come at a time when there are signs of a strain in the coalition. The SLFP and UNP are set to contest next
month’s local government polls separately. The President recently unveiled the findings of an inquiry
into a bond scam that has indicted a UNP minister as well as the Central Bank governor, an appointee of
Mr. Wickremesinghe. Far from strengthening his position, Mr. Sirisena has ended up looking desperate to
remain in office. He could have done without this setback to his image.
Oblique - indirect, inexplicit, not expressed or done in a direct way
Stifle - suppress, suffocate, asphyxiate, restrain (a reaction) or stop oneself acting on (an emotion).
Denude - divest, deprive, bereave, strip (something) of its covering, possessions, or assets
EDITORIAL
Dual duty: on the twin responsibilities of States

JANUARY 19, 2018 00:15 IST
States have a twin responsibility: to protect free speech and preserve law and order
T he state cannot choose between protecting freedom of expression and preserving law and order. It
has a duty to do both. This is the core message of the Supreme Court order staying the notifications and
decisions of four States to prohibit the screening of the film Padmaavat, and directing them to ensure
that law and order is maintained during its exhibition. Gujarat and Rajasthan have notified a ban, while
Haryana and Madhya Pradesh have indicated they would follow suit. What troubled the court was that
creative freedom could be so easily prohibited by the state citing a possible risk to public order. It needs
no reiteration that summary bans on films violate the freedom of speech and expression enshrined in
Article 19(1)(a) of the Constitution. Such a right is subject to reasonable restrictions on some grounds,
including public order. However, the use of the threat of violence and other forms of intimidation cannot
give the state an oblique reason to stifle fundamental freedoms by voicing apprehensions and invoking
its powers to maintain peace. In the past, the Supreme Court has made it clear that it cannot give anyone
a virtual veto over a certificate issued by the Central Board of Film Certification, a statutory body, by
threatening violence. The court has reiterated that the grant of a certificate by the CBFC denudes the
state of the power to prevent the exhibition of a film.
The interim order, which paves the way for Padmaavat to be released on January 25, is in line with a series
of judicial decisions. In S. Rangarajan v. P. Jagjivan Ram (1989), the Supreme Court said the state cannot
plead inability to handle the problem of a hostile audience as that “would be tantamount to negation of
the rule of law and a surrender to blackmail and intimidation.” In Prakash Jha Productions v. Union of
India (2011), it reiterated that it is the state’s duty to maintain law and order. In the current controversy,
the filmmakers agreed to change its name from Padmavati to Padmaavat. The new title indicates it is
based on a medieval poem on a legendary Rajput queen and not any historical personality. They also
agreed to several cuts suggested by a special panel formed by the CBFC. If even after these concessions
the protestors are allowed to obtain a ban, it would undoubtedly amount to a base surrender to blackmail
and intimidation. It would be a taint on the country’s record of protecting free speech if a film with
admittedly no claim to historical accuracy is banned on the mere pretext that some people, who have not
even seen it, find it offensive. The Supreme Court has indicated where the constitutional duty of State
governments lies. It is now up to them to live up to that expectation.
EDITORIAL
Three States: election in a changing political landscape

JANUARY 19, 2018 00:15 IST
Tripura, Nagaland and Meghalaya go to polls in a changing political landscape
T he three States going to the polls in February are among the smaller ones in the country, but their
political significance should not be underestimated. Tripura is the only State other than Kerala where the
Communist Party of India (Marxist) is in power, and the election will test the popularity of Manik Sarkar, one
of the longest-serving Chief Ministers. The State has traditionally had a high turnout, with more than 90% of
the electorate casting a vote in the 2013 election. Tripura has witnessed an improvement in several social
indices — it is almost fully literate, has lowered the infant mortality rate, and has a high overall rank on the
human development index despite being a largely agrarian and forestry-dominated economy. The CPI(M)’s
long reign in Tripura may have seen the end of tribal insurgency and an improvement in social indices, but
the party will also be tested by public opinion on the underside of Tripura’s economy — relatively high
unemployment and the lack of diversification. The party will also face a new test inasmuch as the Congress
has been replaced by the BJP as the principal opposition party. The BJP has focussed on wooing and winning
over the tribal population, which constitutes 32% of the total population. Given this, it is possible that it will
team up with the Indigenous Nationalist Party of Twipra despite differences over the latter’s demand for a
state of Tipraland to be carved out of Tripura’s tribal areas.
In Nagaland, the ruling Nagaland People’s Front (NPF) has had a turbulent year with Chief Minister T.R.
Zeliang returning to power in July 2017 after being ousted a few months earlier over reservations in urban
local bodies. The factional battle within the NPF was brought to a partial resolution with an agreement
between supporters of Mr. Zeliang and his predecessor, Shurhozelie Liezietsu, in December. But the rupture
has raised the hopes of the opposition, particularly the BJP. The Naga Framework Agreement and the role of
the apex Naga tribal body, the Naga Hoho, which has called for an electoral boycott, also loom large. How this
will affect the polls will be watched. The Congress is fighting to retain Meghalaya, one of only four States
where it is in power. Chief Minister Mukul Sangma, in power for almost eight uninterrupted years, will be
hard-selling the plank of stability. However, Meghalaya, like other northeastern States, is largely dependent
on Central funds, and these States tend to favour parties that wield power at the Centre. The BJP, with
virtually no presence here, is banking on this hope and leaving no stone unturned. In doing so it may depend
on Conrad K. Sangma’s National People’s Party, which is contesting independently but is part of the NDA at
the Centre. While these elections may not be a barometer of the overall political mood, they will decide
whether the BJP’s hope of expanding its footprint will be achieved.
burnish - polish (something, especially metal) by rubbing , enhance or improve.
conjure - cause (a spirit or ghost) to appear by means of a magic ritual.
tumult - a loud, confused noise, especially one caused by a large mass of people.
EDITORIAL
The away challenge: India's Test performances overseas

JANUARY 20, 2018 00:04 IST
Virat Kohli’s Test team is still to prove its credentials on difficult overseas tours
T he familiar free-fall outside the Indian subcontinent has returned to haunt Virat Kohli’s men. In
the two Tests of the current three-match series in South Africa, India lost a closely-fought game by 72
runs at Cape Town and then collapsed to a 135-run defeat in the next clash in Centurion. Trailing 0-2
and helming a unit searching for batting cohesion, skipper Kohli has to cope with a tough challenge.
He sparkled with a 153 in the second Test but, as it used to happen during Sachin Tendulkar’s heyday
in the 1990s, that proved to be a fine but futile effort in a lost cause. The stench of defeat is an
unfamiliar odour for the national cricket team, with Kohli’s troops performing splendidly over the
last two years. Yet, it would be prudent to accept that the cloak of invincibility was donned at home
where rivals ranging from Australia to Bangladesh were humbled, and when India travelled, it was to
secure overwhelming triumphs against weak opposition teams such as Sri Lanka and the West Indies.
There is no denying the strengths of this team but it is a fact that since the last tour of Australia in the
2014-15 season, India largely played in its backyard and was never tested.
The reputations of a player and team are burnished by gritty performances abroad and against
quality opposition. For instance, Rahul Dravid often conjures up visions of his mind-boggling
batting in the 2003 Adelaide Test that India won. Kohli and company have an opportunity to script
similar milestones in the next 12 months, in the Test series in England and Australia. Before that, the
squad has to clean up the mess it finds itself within South Africa. The opening slots, often a merry-
go-round between M. Vijay, Shikhar Dhawan and K.L. Rahul, need to be sorted out. There is also the
tumult over omitting vice-captain Ajinkya Rahane, with the captain preferring Rohit Sharma. The
latter may be exemplary in abridged versions, but in the longest format he has failed to ignite his
luminous talent. It doesn’t help that Kohli has had to constantly shuffle his squad over the last 34
Tests. Coach Ravi Shastri has proclaimed that his wards can collectively do things that no other
Indian team has done in the past — a recognition perhaps of its inherent talent. But India can excel in
England and Australia only if the threats posed by their fast bowlers are fended off. The number one
Test side is set to be asked some tough questions, and the way it responds to them will shape
assessments of Kohli’s performance as a captain.
Keel - base, bottom, underside
Jarring - incongruous in a striking or shocking way; clashing.
EDITORIAL
On a new keel: Netanyahu's visit to India

JANUARY 20, 2018 00:02 IST
With Benjamin Netanyahu’s visit, India and Israel have fully normalised bilateral ties
I sraeli Prime Minister Benjamin Netanyahu’s visit to India this week was the final step in the process of
fully normalising the bilateral relationship. That process began in 1992 when India established diplomatic
ties with Israel, with major milestones in 2003 when Ariel Sharon became the first Israeli Prime Minister to
visit India, in 2015 when President Pranab Mukherjee visited Israel, and in 2017 when Narendra Modi became
the first Indian Prime Minister to visit Israel. With Mr. Netanyahu’s six-day visit, the focus is now on the
future, and their joint statement drew a 25-year timeline in which to realise the potential of the strategic
partnership. The close personal equation between the two leaders was evident throughout the visit, with Mr.
Modi hosting Mr. and Ms. Netanyahu in Gujarat, where they flew kites and took part in a roadshow. Mr.
Netanyahu also made the traditional trip to the Taj Mahal, and a symbolic journey to Mumbai’s Chabad
House, one of the sites of the 26/11 terror attacks where Israeli citizens were among those killed. On business,
Mr. Modi welcomed Israeli partnership in Indian manufacturing, pointing to the winning combination of an
India that has “size and scale” and an Israel that has “sharpness and edge”. Mr. Netanyahu’s case, made at a
speech inaugurating the Foreign Ministry’s annual Raisina Dialogue, was that the two countries have a
“natural partnership” and a “natural friendship” that also caters to their need for hard power.
With a relationship that is more open, India has also decided to have a more honest conversation with Israel
on the peace process. While the Modi-Netanyahu meeting in July 2017 had practically brushed aside the
Israel-Palestine peace process, the joint statement issued on Monday in New Delhi “reaffirmed their support
for an early resumption of peace talks between Israelis and Palestinians”. This indicates that the two Prime
Ministers had a deeper conversation on the issue this time, including India’s vote at the UN against the
decision of the United States to recognise Jerusalem as Israel’s capital. Mr. Modi is expected to visit Ramallah
as well as meet Jordan’s King Abdullah II, who as the custodian of the holy sites in Jerusalem is leading peace
efforts in the Arab world, and is due in New Delhi shortly. This would take forward India’s commitment to
assisting in finding a just solution for the conflict. It will require using the leverage India has built over the
decades among Israelis and Palestinians in order to join global and regional powers in pushing them back to
the negotiating table. It will also involve challenging Mr. Netanyahu’s contention that struck a jarring note in
his otherwise successful visit. He said: “The weak don’t survive. The strong survive. You make peace with the
strong. You ally with the strong.” India must stick to its strategy of strengthening ties with Israel without
damaging its commitment to the West Asian peace process, and build its friendships and alignments in a way
that goes beyond an appraisal of strengths and weaknesses.
Pecuniary - relating to or consisting of money], fiscal, monetary
see Annex on parliamentary secretary .

EDITORIAL
Profit and loss: on AAP MLAs' disqualification

JANUARY 22, 2018 00:02 IST
The disqualification of AAP MLAs is a legal question, not a political one
T he Election Commission’s advice to the President that 20 legislators of the ruling Aam Aadmi
Party in Delhi are liable for disqualification will inevitably invite legal and political scrutiny. The party
claims it was denied a hearing and alleges political motives behind the action. It has questioned the
timing of the decision, just ahead of the Chief Election Commissioner’s retirement. Regardless of the
charge of political malice, the correctness of the EC’s decision will be decided on legal grounds. The courts
will have to rule on the question whether the post of parliamentary secretary, which these MLAs were
holding, is an ‘office of profit’. They may also examine whether there was any violation of natural justice.
Twenty-one MLAs were appointed parliamentary secretaries in March 2015. The Delhi High Court set
aside the appointments in 2016 on the ground that the Lieutenant Governor had not given his approval.
The EC has been hearing a complaint by an advocate that these legislators had incurred disqualification
by holding these posts, which, he contended, were offices of profit. The key question was whether the
post was an office of profit even after the Delhi government made it clear that parliamentary secretaries
would not be eligible for any remuneration or perquisites. They were only allowed the use of government
transport for official uses and office space in the respective ministries. The EC has answered the question
in the affirmative, and the President has acted on it.
Going by Supreme Court decisions, the test to decide whether a post is an office of profit is the role of the
government in appointing and paying the person concerned. In Jaya Bachchan, the court said it was an
office of profit even if one did not actually receive payment; it was enough if some pay was ‘receivable’. In
Raman v. P.T.A. Rahim, the court said only posts that are capable of yielding pecuniary gains, as
distinguished from compensatory allowances, would be offices of profit. It is indeed true that the Arvind
Kejriwal regime is politically disadvantaged because, unlike State governments, it cannot make many
decisions without the Lt. Governor’s concurrence. It could not pass, as States have done, legislation to
save the post from disqualification. The President withheld assent to a law it passed without the LG’s nod.
However, Mr. Kejriwal should have been mindful of the growing perception, as evident in several judicial
decisions, that the post of parliamentary secretary is a way of getting around the constitutional limit on
the size of ministries. He could have avoided controversy by not appointing MLAs in posts that involved
an executive role. After all, there can be no dispute over the principle behind the bar on legislators
holding such posts: that there be no conflict between their duty and their interest.
Roiling - make (a liquid) turbid or muddy by disturbing the sediment
Unraveling - undo (twisted, knitted, or woven threads).
EDITORIAL
Time for clarity: on Doklam stand-off

JANUARY 22, 2018 00:02 IST
The Centre must share details of what has been happening at Doklam
F ive months after the government claimed the victory of “quiet diplomacy” to bring the 73-day
stand-off between Indian and Chinese troops at Doklam to an end, the contours of the actual
agreement and events that have followed remain a mystery. On August 28, the Centre had issued a
statement on a mutual decision for Indian and Chinese troops to disengage and withdraw from the part
of the Doklam plateau disputed between China and Bhutan that had been the scene of the stand-off. A
second statement from the Ministry of External Affairs the same day said the verification of the
disengagement by both sides from the “face-off” point, which included the withdrawal of troops, road
construction equipment and tents, was “almost complete”. However, last week the Army chief, General
Bipin Rawat, said Chinese troops are in parts of Doklam they had hitherto not manned, and while the
People’s Liberation Army infrastructure development was “temporary” in nature, “tents remain,
observation posts remain” in the disputed area. The MEA, which had maintained that there was “no
change” in the status quo, also appeared to shift position, saying that New Delhi was using “established
mechanisms” to resolve misunderstandings over the Doklam issue. While discretion and quiet
negotiations are useful, especially when sensitive matters along the India-China Line of Actual Control
are being discussed, such divergence in public statements also fuels speculation that something deeper
and more troubling exists on the ground. The government must verify if satellite photographs showing
much more permanent infrastructure in north Doklam, not far from Indian posts, that are the subject of
reports in the media, are accurate and whether they pose a new threat to India.
Roiling matters further are the broader statements made in New Delhi last week. Speaking at the MEA’s
annual Raisina Dialogue, Foreign Secretary S. Jaishankar put China’s rise first on a list of “major
disruptors” in the region. General Rawat said that the “time has come” for India to “shift focus” from its
western border with Pakistan to its northern border with China. This is bound to raise eyebrows given
that the boundary with Pakistan has seen heavy shelling and rising military and civilian casualties in the
past year. Similarly, Beijing’s latest belligerent statements that all of Doklam belongs to China and is
under its “effective jurisdiction” could be indicators that the agreement announced in August is
unravelling. If so, a Doklam-style troop build-up in the future must be avoided at all costs. It is
imperative that the government proceed with caution in step and consistency in statement, and drop the
ambiguity it has embraced since the Doklam stand-off began in June.
Many states in the Indian Union have instituted the post of Parliamentary Secretary. A
Parliament Secretary often holds the rank of Minister of State and has the same
entitlements and is assigned to a government department. Manipur, HP, Mizoram,
Assam, Rajasthan, Punjab, Goa are some of the states where MLAs have been
appointed Parliament Secretaries by the Government.
PILs filed in various High Courts on the matter have argued that the appointment of
Parliament Secretaries is ultra vires the 91st Amendment of the Indian Constitution
which introduced Article 164 (1A) to the Constitution. Article 164 (1A) provides for
limiting the number of ministers in the state cabinets.
The total number of ministers including the Chief Minister, has to be within 15 per cent
of the total number of members of the legislative assembly of the state. Article 164
(1A) was inserted in the Constitution on the recommendation of the National
Commission for Review of the Working of the Constitution headed by former Chief
Justice of India, M.N. Venkatachaliah on misuse and drainage of public money to put a
ban on over-sized cabinet.
Various High Courts have deemed the appointment of Parliamentary Secretaries

unconstitutional and have ruled against such appointments often in the past.
In 2009, in the case of Adv. Aires Rodrigues vs The State of Goa and others (as cited
in Anami Narayan Roy vs. Union of India), a Division Bench of the Bombay High
Court discussed the impact of arbitrary State action relating to appointment of
Parliament Secretaries in Goa.
It held that appointing Parliamentary Secretaries of the rank and status of a Cabinet
Minister is in violation to Article 164 (1A) of the Constitution and set aside the
appointment of two Parliamentary Secretaries in the state government.
In 2005, the Himachal Pradesh High Court quashed the appointment of Chief
Parliamentary Secretaries and Parliament Secretaries. It held that ‘(Parliamentary
Secretaries) are usurpers of public office since their appointments did not owe their
origin to any constitutional or legal provision. Recently, newspapers have reported that
the Punjab High Court has asked the state governments in Punjab and Haryana about
appointment of Chief Parliamentary Secretaries in the states.
EDITORIAL
Two States — on CPI (M)'s draft resolution

JANUARY 23, 2018 00:02 IST
The vote against an alliance with the Congress exposes divisions within the CPI(M) on tactics
B y adopting a draft resolution against any electoral alliance or understanding with the Congress,
the Central Committee of the Communist Party of India (Marxist) privileged a long-term
political/ideological view over compelling short-term electoral calculations. The CC voted 55-31 for the
resolution, backed by former general secretary Prakash Karat but opposed by current general secretary
Sitaram Yechury. Those opposed to the resolution and in favour of an understanding with the Congress
may well believe that there is no success in the long term without survival in the short term. In West
Bengal, they would argue, the CPI(M) needs the Congress more than the Congress needs the CPI(M).
However, despite the resolution finding Mr. Karat and Mr. Yechury on opposite sides, this was essentially
a difference over tactics. It was not so much the result of any ideological confusion about goals as it was
of practical differences on how to achieve them. Crucial to the differences over the tactical line are the
political complexities in two States where the CPI(M) is strong, Kerala and West Bengal. As the Congress
remains the CPI(M)’s principal rival in Kerala, the State unit is opposed to any understanding with it in an
environment where the BJP is not a contender. In Bengal, where the Trinamool Congress is the main rival
and where the BJP is gathering strength through communal mobilisation, the CPI(M) unit views the
Congress less as a foe. In the 2016 Assembly election, large sections of the Bengal unit successfully
pushed for an alliance with the Congress. Although the CPI(M) fared worse then than in 2011, it is
difficult to determine whether the alliance won the Left Front more seats than it might otherwise have
got.
Those supporting a broad-based understanding with the Congress will hope that the decision is reversed
at the Party Congress, a body with a larger and more diverse composition. But such an outcome could
actually sharpen divisions within the CPI(M), given the overwhelming support the draft resolution
received in both the CC and the Polit Bureau. The West Bengal election is a whole three years away and
there will be opportunities for the party to review political tactics in accordance with the political
situation, in the event it chooses to. There has been a lot said about what the CPI(M)’s decision means for
opposition unity in the 2019 general election, but the fact is that Kerala can be won only by a Congress-
led or a CPI(M)-led front and it is not clear what impact a Congress-CPI(M) electoral understanding will
have in West Bengal. At the same time, the party is not constrained, post election, by the resolution in
engaging with an opposition grouping if the situation so demands.
In the United States, a furlough is a temporary leave of employees due to special needs of a
company, which may be due to economic conditions at the specific employer or in the economy
as a whole. These involuntary furloughs may be short or long term, and many of those affected
may seek other temporary employment during that time.
Encore - when performers in a live show give an additional performance after the planned show
has ended, usually in response to extended applause from the audience
EDITORIAL Locked down — on U.S. shutdown

JANUARY 23, 2018 00:02 IST
The government shutdown in the U.S. could hurt both Republicans and Democrats
L ast week, the 19th federal government shutdown in U.S. history went into force. If previous
occasions are any indication, this shutdown will also lead to the furlough of many hundreds of thousands
of government workers, closure of national parks with a potential loss of hundreds of millions of dollars in
revenue, and a possible overall macroeconomic cost of several billions of dollars in terms of productivity
loss associated with the cessation of multiple public services. This encore is entirely preventable and the
seismic payment default can be traced back to one inescapable reality in Washington: congressional
dysfunction stemming from bitterly partisan politicking. A federal shutdown occurs when lawmakers fail
to agree on a spending bill, and cannot even sign off on a stopgap funding measure that might keep the
government machinery humming for a few more months. In this case, the bill in question would have
helped tide over a looming fiscal gap at least until the middle of February. Yet that did not happen, because
Republicans refused to compromise on a hardline approach on immigration policy, specifically on
Deferred Action for Childhood Arrivals (DACA), the Obama-era clemency policy for foreign-born children
of U.S.-based undocumented workers. That policy was ended in September 2017 when President Donald
Trump revoked his predecessor’s executive order to protect these children, the so-called DREAMers, from
deportation. This apparently rattled Democratic lawmakers to the point where they were willing to make a
stopgap budget deal, contingent on Congress agreeing to legislation to shield nearly 700,000 of these law-
abiding youngsters from removal.
With dark clouds on Capitol Hill overshadowing the first anniversary of Mr. Trump’s presidency, he has
reiterated his call for strong border security and a crackdown on “illegal immigrants”. Interestingly, a
recent CNN poll suggested 84% of Americans want DACA extended. But a government shutdown is likely
to cut both ways, hurting the prospects of those on both sides of the aisle seeking re-election in the
November 2018 mid-term election. Voters may well consider Democrats to be obstructionist, or as putting
undocumented workers ahead of national security. And Republicans may lose votes for failing to keep the
government working despite controlling the Senate, House of Representatives and the White House.
Regardless of who wins in that election, the debate on immigration reform will continue. Too much is at
stake for not only the nearly 11.3 million undocumented workers but also the nearly 1.5 million temporary
foreign workers, among whom are 500,000 to 700,000 H-1B visa holders, the majority of them from India.
For, when Congress finally transcends its partisan biases and legislates a comprehensive immigration
reform package, it will likely introduce a revised policy for each of the visa categories.
Stop gap - a temporary way of dealing with a problem or satisfying a need
Seismic - of enormous proportions or effect.
A filibuster is a political procedure where one or more members of
parliament or congress debate over a proposed piece of legislation so as to
delay or entirely prevent a decision being made on the proposal. It is
sometimes referred to as "talking a bill to death" or "talking out a bill" and is
characterized as a form of obstruction in a legislature or other decision-
making body. This form of political obstruction reaches as far back as
Ancient Roman times and could also be referred to synonymously with
political stonewalling.
Under the separation of powers created by the United States Constitution, the United
States Congress has the sole power of the purse and responsibility for appropriating
government funds. The appropriations bills must start in the House of Representatives
and then be approved by the Senate, and—upon passage of a final version by both
houses—then go to the President of the United States. If the President signs the bills,
they become law. If instead the President vetoes them, they go back to Congress, where
the veto can be overridden by a two-thirds vote.
Government shutdowns tend to occur when the President and one or both of the
chambers of Congress are unable to resolve disagreements over budget allocations
before the existing budget cycle ends.
Shutdowns of the type experienced by the United States are nearly impossible in other
democracies. Under the parliamentary system used in most European nations, the
executive and legislative branch are not separate, with the parliament designating all
executive officials, typically called "ministers", and typically an election is triggered if a
budget fails to pass. Even without an approved budget, the one from the previous year
is usually used automatically. In many other non-parliamentary democracies, a strong
executive branch typically has the authority to keep the government functioning even
without an approved budget.
While government shutdowns prior to the 1995–1996 shutdowns had very mild effects,
a full federal government shutdown causes a large number of civilian federal employees
to be furloughed. During a government shutdown, furloughed government employees
are prohibited from even checking their e-mail from home. To enforce this prohibition,
many agencies require employees to return their government-issued electronic devices
for the duration of the shutdown.

What is Daca and who are the Dreamers?

Here is everything you need to know about the program that gives temporary protection to
undocumented migrants who arrived in the US as children
Joanna Walters in New York

Thu 14 Sep 2017 16.30 BST
The Trump administration announced last week that it planned to scrap Daca, the program that gives
temporary protection to undocumented migrants who arrived in the US as children.
Attorney general Jeff Sessions said the US would end Deferred Action for Childhood Arrivals in March
2018, throwing almost 800,000 people into turmoil and fear. Congress was given up to six months to find
a legislative alternative, after Sessions announced that new applications would no longer be accepted.
There has been a determined Democratic pushback: on Wednesday night, party leaders in Congress said
they had agreed with Donald Trump to protect such people, known as Dreamers, via legislation and
increased spending on border security. The status of that deal was contested on Thursday morning, but
Trump told reporters: “We’re working on a plan for Daca.”
So what is Daca, who are the people affected and what will happen to them?
What is Daca?
Daca is a federal government program created in 2012 under Barack Obama to allow people brought to
the US illegally as children the temporary right to live, study and work in America. Those applying are
vetted for any criminal history or threat to national security and must be students or have completed
school or military service. If they pass vetting, action to deport them is deferred for two years, with a
chance to renew, and they become eligible for basics like a driving license, college enrollment or a work
permit.
Who are the Dreamers?

Those protected under Daca are known as “Dreamers” – by the time Trump announced his decision to
rescind the program, 787,580 had been granted approval. To apply, they must have been younger than
31 on 15 June 2012, when the program began, and “undocumented”, lacking legal immigration status.
They must have arrived in the US before turning 16 and lived there continuously since June 2007. Most
Dreamers are from Mexico, El Salvador, Guatemala and Honduras and the largest numbers live in
California, Texas, Florida and New York. They range in age from 15 to 36, according to the White House.
Why are they called Dreamers?

The Daca program was a compromise devised by the Obama administration after Congress failed to pass
the so-called Development, Relief and Education for Alien Minors (Dream) Act, which would have offered
those who had arrived illegally as children the chance of permanent legal residency. The bipartisan act
was introduced in 2001 and has repeatedly failed to pass.
A protest against the plan to end Daca in Los Angeles, California .

Photograph: Frederic J. Brown/AFP/Getty Images
What did Trump announce?

During last year’s divisive election, Trump promised to rip up Daca immediately and make the
deportation of the US’s estimated 11 million undocumented persons a top priority, along with his threats
to ban all Muslims from entering the US and to build a wall along the border with Mexico. He has not yet
successfully executed any of these threats.
The administration announced last week that it would begin “an orderly, lawful wind down” of Daca,
including “the cancellation of the memo that authorized this program”, which was sent from homeland
security secretary Janet Napolitano to immigration chiefs in 2012, telling them not to enforce
deportation of Dreamers. Trump gave Congress six months to come up with a legislative solution.
Because Obama created the Daca program as an executive policy decision, Trump had the power simply
to reverse the policy. He indicated that the government will “generally not take actions” to remove law-
abiding Daca recipients.
What will happen to the Dreamers?

Under the Trump administration, new applications under Daca will no longer be accepted. For those
currently in the program, their legal status and other Daca-related permits (such as to work and attend
college) will begin expiring in March 2018 – unless Congress passes legislation allowing a new channel for
temporary or permanent legal immigration status – and Dreamers will all lose their status by March 2020.
Technically, as their statuses lapse they could be deported and sent back to countries many have no
familiarity with. It is still unclear whether this would happen. Fear had been rising in the run-up to last
week’s announcement. Those with work permits expiring between 5 September 2017 and 5 March 2018
will be allowed to apply for renewal by 5 October.
What has Trump said about Dreamers?

On the campaign trail in 2016, Trump said his administration would “immediately terminate President
Obama’s two illegal executive amnesties”, by which he meant Daca and another order protecting some
parents of children in the US, where the children had legal status but the parents were illegal immigrants.
Trump did scrap the second program, which was blocked in the courts anyway.
In a speech in August 2016, in North Carolina, when talking about poverty and the elusiveness of the so-
called American dream for many US citizens, Trump indirectly criticized Daca and its beneficieries,
saying: “We want our children to be Dreamers, too.” After becoming president, Trump said he wanted to
“work something out” for Dreamers. “We don’t want to hurt those kids,” he said. “We love the
Dreamers.” On the day the end of Daca was announced, he said: “I have advised the department of
homeland security that Daca recipients are not enforcement priorities unless they are criminals, are
involved in criminal activity, or are members of a gang.”
Why were Republican state attorneys general suing Trump over Daca?
After watching Trump fail to issue an executive order rescinding Daca upon taking office, and publicly
dither over the Dreamers, anti-immigration Republican state leaders decided to force his hand. Many in
Trump’s hardline conservative base argue that Daca is unconstitutional and Dreamers are illegal and
threaten American jobs and culture. Ken Paxton, the attorney general of Texas, sent a letter to Sessions
(who opposes Daca) in June, threatening to add Daca to another anti-immigration lawsuit already under
way against the federal government unless it cancels the program by 5 September.
That letter was also signed by the attorneys general of Alabama, Arkansas, Idaho, Kansas, Louisiana,
Nebraska, South Carolina, Tennessee and West Virginia. Tennessee then reversed course to support Daca
and finding a permanent legislative solution for those in immigration legal limbo.
Which states announced plans to sue Trump over his decision to rescind Daca?
After Sessions announced the decision to rescind Daca, 15 states and Washington DC announced a
lawsuit of their own against the administration. Announcing the suit in Seattle, Washington state
attorney general Bob Ferguson said Trump’s decision to end Daca was “cruel and unlawful” and added:
““It’s outrageous and I’m not going to put up with it. It’s not right.”
The states in the suit are: Connecticut, Delaware, Hawaii, Illinois, Iowa, Massachusetts, New Mexico,
New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia and Washington.
California subsequently announced its own suit.
Who supports Daca?

In addition to immigration advocates and most Democratic politicians, a majority of national politicians
in the Republican party reportedly did not want Trump to scrap Daca, including such prominent figures
as House speaker Paul Ryan and Arizona senator John McCain. A prominent group of evangelical leaders
wrote to Trump last month telling him that Dreamers “are leading in our churches and our
communities”.
Since you’re here …

Spook - frighten; unnerve
Dovish - supporting discussion or other peaceful solutions in political relationships rather than the use of force
opposite - hawkish
EDITORIAL
A risky recovery — on IMF's global growth predictions

JANUARY 24, 2018 00:02 IST
Countries will need to move beyond monetary stimulus to boost their economies
A broad-based recovery in global growth may be gathering steam, but the price the world will have
to pay for it is still unknown. According to the IMF’s January update of the World Economic Outlook, the
global economy is all set to clock its best growth rate in seven years in 2018 following a pick-up since
mid-2016. The IMF estimated that the global economy could accelerate to 3.9% in both 2018 and 2019, an
upward revision of 0.2 percentage point over its previous estimates in October for both years, boosted by
a cyclical recovery in global growth and the historic tax cuts in the U.S. India’s economy is projected to
grow at 7.4% during the financial year 2019, and at an even faster pace of 7.8% the following year. If the
IMF’s predictions come true, India will be the fastest-growing major economy next year as China’s
growth is expected to slow from 6.6% this year to 6.4% in 2019. What comes as a further surprise is the
upward revision in growth forecasts for many countries in Europe, thanks to stronger demand. The IMF,
however, was not oblivious to the threats that could severely derail the broad-based economic recovery.
In particular, it warned about the “troubling” rise in debt levels across countries, including the U.S.,
which could pose a huge risk to financial stability and drag down economic growth.
It is no secret that since the 2008 financial crisis the global economy has been propped up mainly by the
unprecedented easy money policies adopted by global central banks. In fact, the absence of substantial
structural reforms to complement central bank stimulus measures has been another feature of the
present global economic recovery. Such a recovery comes with the inherent risk of being derailed
whenever easy monetary conditions that fuelled it cease to exist. While central banks until now have
been careful not to spook markets with the prospect of higher interest rates, it is unlikely that they can
keep markets calm forever. As the IMF has pointed out, the possible end to the era of abundant liquidity
and debt-fuelled economic activity is likely to cause disruption by affecting asset prices. As interest rates
reach higher levels, it is likely to also expose the various real economic distortions created by a low
interest rate policy, particularly across borders. While it is hard to predict the next downturn, it seems the
day of reckoning may not be too far as consumer price inflation begins to push central banks to rethink
their dovish stance. The IMF is right to urge countries to make use of the current rosy conditions to enact
useful structural reforms. It is time countries recognise that monetary policy alone won’t solve all
growth problems.
EDITORIAL
Reform with caution — on criminal justice system

JANUARY 24, 2018 00:02 IST
The Centre must act on the Malimath report on criminal law revamp, but with due care
I t is not a bad idea to revisit old committee reports with a view to considering their possible
implementation. However, such an exercise must be pursued with care and caution. The Centre’s decision to
revisit the 2003 report of the Justice V.S. Malimath Committee on reforming the criminal justice system
needs to be examined through the prism of civil rights. It includes controversial recommendations such as
making confessions to a senior police officer admissible as evidence, and diluting the standard of proof
required for a criminal conviction. It also contains valuable suggestions to revamp the administration of
criminal law, covering the entire gamut of the justice system from investigation to sentencing, from matters
of policy to the nuances of criminal procedure and the law of evidence. The committee made 158
recommendations, and since then some of these have become law. Its suggestion on permitting videography
of statements has been implemented. The definition of rape has been expanded and new offences against
women have been added. Its advocacy of substantial witness protection has not been realised, but victim
compensation is now part of law. The Centre would do well to ignore the recommendations relating to
making confessions to high-ranking officers admissible, and increasing the period of police custody from 15
to 30 days. These provisions were available only in anti-terrorism laws that are now no more in force. There is
no need to bring them into general criminal laws.
The Malimath report suggests a standard of proof lower than the current ‘beyond reasonable doubt’ standard.
It moots a ‘clear and convincing’ standard, that is, it is enough if the court is convinced that something is true.
Such a measure would have adverse implications for suspects, and requires considerable deliberation. There
is some understandable disquiet about the state of criminal justice administration in the country and there is
a crying need for a wide range of reforms. As the Madhava Menon Committee’s ‘Draft National Policy on
Criminal Justice’ (2007) noted, such popular dissatisfaction arises from the low rate of conviction, the
apparent role of money and influence in the outcome of cases, delayed and denied justice, lack of protection
to witnesses and inadequate attention to crime victims. The widespread perception that there is corruption
on the one hand and a deep nexus between crime syndicates and politicians on the other, has added to the
erosion of public confidence in the justice delivery system. Despite all these considerations, any move to
make substantive changes in the way criminal justice is administered will have to be done with great
circumspection, lest vital constitutional safeguards against abuse of police and judicial powers are violated in
the process. In the name of revamping the law, investigation and trial should not be altered in a way that
undermines the principles on which the justice system was founded.
Malimath Committee’s recommendations on
reforms in the criminal justice system.
By Archana - January 18, 2018
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Malimath Committe and its key recommendations.
The Malimath Committee’s recommendations on reforms in the criminal justice

system
Context:
The Union government is considering to revisit the Malimath Committee report on reforms
in the criminal justice system.
Malimath Committee:
The Committee on Reforms of the Criminal Justice System, constituted on 24.11.2000
under the Chairmanship of Justice V. Malimath, former Chief Justice of Karnataka and Kerala
High Courts, considered measures for revamping the criminal justice system and gave
recommendations on various aspects of the criminal justice system including investigation,
prosecution and the trial procedure in its Report submitted in March, 2003.
Since the Criminal Law and Criminal Procedure are on the Concurrent List of Seventh
Schedule to the Constitution of India and the same are administered by the State
Governments, any amendment to them requires consultation with the State Governments
Within 2 years, the Justice Malimath Committee submitted a report with 158
recommendations to the Deputy Prime Minister, L.K. Advani, who was also the Home
Minister.
The Committee felt that the existing system “weighed in favor of the accused and did not
adequately focus on justice to the victims of crime.”
20 key reforms suggested by the six-member panel:
Borrowing from inquisitorial system :
1. Investigation practised in countries such as Germany and France(where a judicial

magistrate supervises the investigation).
2. The committee recommended a honour powers to summon any person (whether or not
listed as a witness for examination, if it felt necessary).
Right to silence :
1. Recommended a modification to Article 20 (3), protects the accused from being compelled
to be a witness against himself/herself.
2. Suggested the court given freedom to question the accused to elicit information and draw
an adverse inference against the accused in case the latter refuses to answer.
Rights of the accused :
1. Suggested a Schedule to the Code be brought out in all regional languages.
Presumption of innocence :
The courts follow “proof beyond reasonable doubt” , suggested that a fact be considered as
proven “if the court is convinced that it is true” after evaluating the matters before it.
Justice to victims of crime :
1. The Committee made a series of recommendations to ensure justice to the victims.

2. The victim should be allowed to participate in cases involving serious crimes and also be
given adequate compensation.
3. If the victim is dead, the legal representative shall have the right to implead himself or
herself as a party, in case of serious offences.
4. The State should provide an advocate of victim’s choice to plead on his/her behalf and the
cost has to be borne by the State if the victim can’t afford it.
5. A Victim Compensation Fund can be created under the victim compensation law and the
assets confiscated in organised crimes can be made part of the fund.
Police investigation :
1. Suggested hiving off the investigation wing from Law and Order.
2. It also recommended setting up of a National Security Commission and State Security
Commissions.
3. To improve the quality of investigations, it suggested a slew of measures, including the
appointment of an Addl.
Dying declaration:
1. The committee favoured dying declarations, confessions, and audio/video recorded

statements of witnesses be authorised by law.
2. It also amendED to the law to allow thumb impression only if the witness is illiterate.
Public prosecution:
1. It suggested that a new post, Director of Prosecution, be created in every State to facilitate
effective coordination between the investigating and prosecuting officers under the
guidance of the Advocate General.
2. The appointment of Assistant Public Prosecutors and Prosecutors, it was recommended,
should be made through competitive examination.
Courts and judges:
1. The higher courts, including the Supreme Court, should have a separate criminal division
consisting of judges who have specialised in criminal law.
2. The committee suggested every court keep a record of the timestamps such as date of
conclusion of arguments, date of pronouncement of judgment, and so on, which may be
prominently displayed.
Trial procedures:
1. The Committee felt that all cases in which punishment is three years and below should be
tried summarily and punishment that can be awarded in summary trials be increased to
three years.
Witness protection :
2. The judge should be ready to step in if the witness is harassed during cross-examination.
3. It also recommended the following: That witnesses get their allowances on the same
day; they be provided with proper seating and resting facilities and be treated with dignity.
It also suggested that a separate witness protection law be enacted akin to the one in the
United States.
Perjury:
1. If during the trial, the witness is found to have given a false evidence with an intention to
affect the case, he/she must be fine up to RUPEES 500 or up to three-month prison or both.
Vacations for the courts:

2. The committee recommended reducing the period of vacation by 21 days, keeping in mind
the long pendency of cases.
3. If implemented, the Supreme Court will work for 206 days and High Courts will function 231
days per year.
Arrears Eradication Scheme:
1. This is to tackle cases that are pending for more than two years, will be heard on a day-to-
day basis and no adjournment shall be permitted.
Sentencing:
1. Pregnant women and women with child below seven years can be kept under house arrest
instead of being lodged in prison, keeping in mind the future life of the child, it said.
2. In cases where the interest of society is not involved,The fine amount may be increased by
fifty times. In cases where the convict is unable to pay fine or has defaulted, community
service may be prescribed.
3. The Indian Penal Code has to be reviewed to enhance, reduce or apply alternative modes of
punishments keeping in mind new and emerging crimes.
Reclassification of offences:
1. Offences are currently classified as cognisable and non-cognisable. Instead, the Committee
recommended classifying offences as social welfare code, correctional code, criminal code,
and economic and other offences code.
Offences against women:
Here is a gist of the Committee’s recommendations:
Bigamy: Evidence regarding a man and woman living together for a reasonably long period
should considered as marriage.
Adultery: When a man can be punished for having sexual relations with another man’s wife,
the woman should also be liable for punishment.
Domestic abuse: The Committee favoured making Section 498A as a bailable and
compoundable offence. This Section is largely used in case of dowry harassment.
Rape: Non-penal penetration and any forcible penetration should also be considered as rape
and must be carry a heavier punishment. The trial of rape cases should be done with most
expeditiously, within four months, and with a high degree of sensitivity.
Organized crime and terrorism:
1. Though crime is a State subject, a central law must be enacted to deal with organised
crime, federal crimes, and terrorism. A Department of Criminal Justice must be established
to appraise procedural and criminal laws and to periodically amend them.
2. One of its suggestions was that the possession of prohibited automatic or semi-automatic
weapons and lethal explosives be made punishable with up to 10 years jail.
Economic crimes:
1. A law has to be enacted to protect informers.
Periodic review:
1. The Committee has recommended providing for a Presidential Commission for a periodical
review of the functioning of the Criminal Justice System.
EDITORIAL
Political tango — on Shiv Sena-BJP ties

JANUARY 25, 2018 00:02 IST
Shiv Sena and BJP have shown they can have a relationship even if they can’t have an alliance
T he only surprise in the Shiv Sena’s decision to go it alone in future elections is the timing. With
parliamentary elections more than a year away and in the absence of any political compulsion to reveal
its hand now, it is not clear what led the Sena to make the announcement. It is public knowledge that the
BJP and the Sena, to understate the point, are not on the best of terms — even in the Assembly election of
2014, the Sena fought without its erstwhile ally. The truth is that both parties are at a stage in their
political life when one can grow in Maharashtra only at the expense of the other. This is no ideological
rift. The Sena, even from the reign of its founder Bal Thackeray, had sought to expand beyond Marathi
chauvinism by embracing hardline Hindutva. The differences between the two parties were entirely over
sharing of seats for the Assembly election, a result of the BJP seeking a larger share than before on the
basis of its better performance in the Lok Sabha polls, held just months earlier. If the seat negotiations
sowed the seeds of the rift, the results of the elections effectively ended any chance of a revival of a pre-
poll alliance. The Sena, used to being the senior partner in the alliance, finished way behind the BJP in the
election, and had to join the Maharashtra government with several bruises to its political ego. As things
stand, if the Sena wants an alliance with the BJP in 2019, it can only be as a junior partner. This is
unthinkable for Sena chief Uddhav Thackeray, who is under some pressure to erase the impression that
he is not politically as tough as his father, Bal.
All signals from the Sena’s national executive indicate that it sees the BJP more as a rival than as an ally.
Mr. Thackeray seems unable to reconcile himself to the changed political equations in Maharashtra, as
he has vowed to compete with the BJP for Hindutva votes in other States. The unstated purpose appears
to be to hurt the BJP wherever he can, in retaliation for encroaching upon the Sena’s space in
Maharashtra. But for all the belligerence of the Sena, the BJP is unmoved. The national party looks as if it
is treating its regional ally as an errant child. The BJP does not need the Sena’s support at the Centre; in
Maharashtra, where it is short of a majority, it is not asking its partner to leave the government. The BJP
tries to wear the attitude of an indulgent senior partner, one that is reluctant to act in anger or haste. As
for the Sena, it has chosen to refrain from attempting to pull down the Devendra Fadnavis government in
Maharashtra and to stay on in the Narendra Modi government at the Centre. In short, the two parties
have signalled they can still be in a relationship, if not an alliance. They may fight elections separately,
but they can still rule together.
Vassal - a holder of land by feudal tenure on conditions of homage and allegiance.
EDITORIAL
More fire — on Turkey's Afrin assault

JANUARY 25, 2018 00:02 IST
Turkey’s offensive against Kurdish militants on the Syrian border could spin out of control
T urkey’s military intervention in the Syrian border town of Afrin against Kurdish militants is a grim
reminder of the complexities of the seven-year-long Syrian civil war. The Kurdish People’s Protection
Units (YPG) played a crucial role in the battle against the Islamic State, ousting it from eastern Syria late
last year. In the war, the U.S. provided air cover to YPG-led troops, while the Syrian army and Russia
avoided directly clashing with them. But once the IS threat receded, the old geopolitical calculations
returned, with Turkey, facing Kurdish militancy at home, turning against Syrian Kurds. Ankara has been
warning against empowering Kurdish militants. It sees the Syrian YPG as a vassal of the Kurdistan
Workers Party (PKK), the main insurgent group battling government troops in southeast Turkey. Now
that the fight against the IS is virtually over, or at least for now, Turkish President Recep Tayyip Erdoğan is
concerned that the YPG, with renewed battleground experience and weapons supplied by the West, could
offer support to the PKK. When the U.S. announced plans to create a 30,000-strong Kurdish border force,
an alarmed Turkey announced the offensive in Afrin. The plan is to oust YPG guerrillas from the town and
hand it over to Turkish proxies. From Afrin, they could move to other cities now held by the YPG.
Mr. Erdoğan would like to create a buffer between Turkey and Syrian Kurdistan. There is a convergence of
interest among Russia, Syria, Iran and Turkey in the Afrin assault. Mr. Erdoğan sent troops into Afrin
only after getting Russian assent. For Russia, which is at present bombing rebel/jihadist positions in
Syria’s Idlib, Turkish cooperation is needed to continue the mission and it will turn a blind eye to the
Afrin attack. For Syria and Iran, which see Kurdish militants as separatists and potential threats, the
assault is a blessing in disguise. Yet, despite the tacit regional support Turkey now enjoys, the attack
could prove counterproductive. First, the U.S. has been completely sidelined in the operation. If the rift
between the U.S. and Turkey, both NATO allies, keeps widening over Syria, the proxy battles in the
country could acquire their own momentum. Second, the YPG has proved its worth in the ground battles
against the IS since 2015. It is not a fragile militia group that can be pushed over easily with a ground
offensive. Besides, the YGP has enormous local support in Kurdish towns along the border. Third, even if
Turkey ousts the YPG from Afrin, it won’t ease tensions on the border. Rather, it would drag Turkey
deeper into the Syrian conflict. This means that Syria’s border region, which is among the hardest-hit by
the civil war, is likely to see more bloodshed and destruction in the coming months, if not years, unless
all countries involved in the conflict change course from war to talks.
EDITORIAL
German tangle — on SPD's coalition talks

JANUARY 26, 2018 00:15 IST
The Social Democrats’ decision to enter coalition talks will bring relief across Europe
T he decision of the German Social Democratic Party (SPD) to start talks for another coalition with
Chancellor Angela Merkel’s Christian Democratic Union (CDU) will calm nerves across Europe. Since
September’s inconclusive parliamentary election, efforts to form a coalition government for the
continent’s largest economy have reached nowhere. The SPD, whose vote share came down by 5
percentage points since 2013, initially decided to sit in the opposition and focus on reviving the party. But
after months of talks between the CDU and the Green Party to form a government collapsed, sections
within the SPD pushed for another coalition bid, which was finally okayed by 56.4% of the delegates in an
extraordinary party conference in Bonn last week. Defending the coalition proposal, SPD leader Martin
Schulz said working with Ms. Merkel allowed the party to resist right-wing populism in Europe while
championing workers’ rights at home through government policies. He said a preliminary blueprint for
talks between the parties had already been agreed upon, which includes SPD demands such as a
guaranteed pension level and child benefits. However, Mr. Schulz may find it still difficult this time to
sell the benefits of the coalition with the pro-business, liberal CDU, to his party and the voters. The
challenge before the SPD and the CDU is to formulate a politically appealing yet pragmatic common
minimum programme for the new government. It’s not going to be easy given the ideological differences
and internal challenges both parties face.
Though the CDU-Christian Social Union combine remained the single largest bloc after the September
polls, the parties suffered massive erosion in their combined vote base, a fall of 8.6 percentage points.
Some within the CDU have already started questioning the leadership of Ms. Merkel, who has been
Chancellor for 12 years. Ms. Merkel’s liberalism has been under attack by the far-right Alternative for
Germany, which won a stunning 13% of the vote in the September election. For their part, the Social
Democrats are in steep decline. From 40% in 1998, their vote share is now 20%. A coalition government
will certainly spare Germany the agony of going to the polls again so soon. A stable government is the
need of the hour both for Germany and Europe, at a time when far-right parties are resurgent elsewhere
(in Austria, they are part of the government) and the Brexit talks are in a crucial phase. For the SPD, which
is in favour of reforming the European Union, joining the German government could also strengthen
reform efforts, mainly championed by French President Emmanuel Macron. But these issues can be
addressed only if the SPD-CDU/CSU combine is able to arrest the erosion of individual support bases,
overcome the internal challenges and provide a stable leadership.
EDITORIAL
Held by the mob — on protests against Padmaavat

JANUARY 26, 2018 00:15 IST
The attack on schoolchildren captures the state’s failure to stand up to vigilantism
T he attack on a bus carrying schoolchildren on Wednesday must serve to jolt State governments
across north India out of their hands-off approach to acts of vandalism by way of protests against the
film Padmaavat. It took admirable presence of mind on the part of the driver to steer the children out of
harm’s way when foot soldiers of the Karni Sena attacked the bus in the Haryana township of Gurugram.
But coming at the end of days of violence in at least six States by protestors purporting to be upholding
Rajput honour, this is the image India must confront: a busload of children ducking for cover as the state
looked away. The image collectively frames the abdication of State governments in maintaining law and
order in the face of violence by the rag-tag Karni Sena. For months, many of them have played an
encouraging role in keeping up protests against the film, with the Chief Ministers of Rajasthan, Gujarat,
Uttar Pradesh and Madhya Pradesh, among others, issuing statements about the need for the film to
heed the lines of history. Public viewing of the final version of Padmaavat as cleared by the Central Board
of Film Certification has called the protestors’ bluff on their stated objections to its contents. But the
mob is clearly led by its own narrative, unmindful of the reality of the film in question or of the
historical blurriness in it. The mob rampaging against the film across north India in States ruled by the
Bharatiya Janata Party has demonstrated its ability to hold public order to ransom, no matter what.
The state has been repeatedly reminded of its duty to protect freedom of expression, most notably in S.
Rangarajan v. P. Jagjivan Ram (1989), when the Supreme Court held that the government cannot cite the
possibility of violence to prohibit a film’s screening. In fact, this month, after Gujarat and Rajasthan
banned the CBFC-cleared Padmaavat, the court stayed the ban and iterated the state’s responsibility to
maintain law and order during its screening. That State governments have chosen to mostly ignore the
court order is evident from the decision of the Multiplex Association of India to not screen the film in
Gujarat and Rajasthan, for fear of further violence of the sort that hit two Ahmedabad malls. The Karni
Sena shot into the news in 2008 when it utilised the release of Jodhaa Akbar to affect caste/communal
outrage over the story of Emperor Akbar’s ‘Rajput’ wife. That it would see an opportunity to consolidate
its vigilantist credentials with Padmaavat is, in hindsight, a given. But it is a sobering conclusion that
whether or not Padmaavat is remembered for its cinematic merits or shortcomings, it has become a
byword for the government’s failure to control the mob.
EDITORIAL
The oil risk — on the rise in international prices

JANUARY 27, 2018 00:02 IST
India needs to expedite steps that can help minimise the impact of higher oil prices
A s international oil prices head higher, India will have to brace itself for the economic risks of
expensive energy. Brent crude oil futures were trading at about $70 a barrel on Friday, marking a four-
year high and a price increase of close to 6% since the start of the year. The rise in international prices has
been particularly sharp given that oil had been selling at below $45 in June. This is a rally of about 55% in
a matter of just months. Oil price dynamics have often been explained by changes in the supply outlook
influenced by the decisions of major oil producers. Oil trading at $70 should offer some respite to
traditional oil producers like the OPEC members, which have suffered the onslaught of U.S. shale
producers. According to the IMF, last year, for instance, Saudi Arabia would break even on its budget
with oil at $70. The recent spurt in oil prices, however, seems to be more the result of a weakening of the
U.S. dollar than anything else. The dollar has been gradually weakening against major global currencies
since the beginning of last year. But the trend was given a new push following comments by U.S.
Treasury Secretary Steven Mnuchin in favour of a weak-dollar policy. At Davos this week, Mr. Mnuchin
noted that a weaker dollar would be good for American trade. However, given that the U.S. is right in the
middle of a monetary tightening cycle, it is unlikely that the dollar will continue to boost oil prices,
unless the Federal Reserve slows the projected pace of interest rate increases.
Consumers in India are already beginning to feel the pinch as petrol and diesel prices have hit multi-
year highs. The retail selling price of both petrol and diesel in Delhi, for instance, has risen by close to ₹3
a litre since the beginning of 2018. The rise in domestic fuel prices is on expected lines given the policy of
dynamic daily pricing of petrol and diesel adopted by the Centre. But as rising oil prices put pressure on
domestic consumers, the government will have to desist from resorting to subsidies to ease the pain. It
should work towards rationalising taxes on petrol and diesel to bring down retail prices. This will help
consumers without imposing an undue burden on the oil marketing companies. An even bigger risk
posed by higher oil prices is to the government’s fiscal management. With the fiscal windfall from low
oil prices likely to end for now, the government should think for the long term and make crucial tweaks
to its hydrocarbon exploration and licensing policy to expedite oil discovery and production.
Simultaneously, it must take a leaf from China’s book and actively support Indian energy firms’ bids for
overseas oilfields. Self-reliance is ultimately the best hedge.
Tweak - improve (a mechanism or system) by making fine adjustments to it.
Hedge - a way of protecting oneself against financial loss or other adverse circumstances.
EDITORIAL
ASEAN rising — on India-Southeast Asia cooperation

JANUARY 27, 2018 00:02 IST
India and Southeast Asia need to move beyond summitry to deeper integration
A s leaders of the 10 countries of the Association of Southeast Asian Nations gathered in New Delhi this
week, India’s ties with ASEAN got a dose of both symbolism and substance. The ASEAN-India
Commemorative Summit, followed by their attendance at the Republic Day parade as joint chief guests,
underlined the new consensus on the need for Southeast Asia and India to boost cooperation. First, as the
demand for goods in Western economies comes down, the region needs to look deeper within to grow
markets and increase trade. Second, continuing tensions between the “great powers” — between the U.S. and
Russia, or the U.S. and China — are forcing the unaligned countries of ASEAN and India to forge a common
understanding. China’s moves in particular, both its naval forays in the Indo-Pacific and its Belt and Road
Initiative connectivity project, have the potential to change equations in the region. Third, as Singapore’s
Prime Minister and the Chairman of ASEAN, Lee Hsien Loong, reminded the world in an editorial, and Prime
Minister Narendra Modi said in his speech at the summit, India’s cultural and trade ties with Southeast Asia
go back 2,000 years — and with Southeast Asia having come out of the overhang of Cold War divisions, India
and ASEAN have a unique opportunity to reap the potential of their geographic proximity. The Delhi
Declaration they signed articulated their urgent concerns as ASEAN and India called for measures to deepen
security, economic and socio-cultural cooperation, and connectivity. These include joint mechanisms for
maritime transport, trade and a “code of conduct” for the South China Sea.
But it must not be forgotten that when ASEAN-India leaders last gathered together in New Delhi in 2012 to
mark the 20th anniversary of the dialogue partnership, they had made a similar commitment to trade and
maritime security, and several promises are yet to be realised. With trade with ASEAN at $76 billion, India
ranks lower than not just the U.S. and China, but also South Korea, Japan and Australia. The Regional
Comprehensive Economic Partnership negotiations launched in 2012 have been held up, largely because of
Indian concerns over unfettered access to Chinese goods and ASEAN resistance to movement of Indian
services and labour. The other big unfulfilled promise is on connectivity, between ASEAN countries and India,
as well as India’s connectivity through its Northeast to Myanmar and beyond. Work on the extension of the
India-Myanmar-Thailand Trilateral Highway, the Kaladan multimodal highway, and Tamu-Kalay rail link to
Myanmar has lagged behind deadlines. Border trade posts and infrastructure in the Northeast need much
improvement to attract investment in the region. India and the ASEAN countries have much to gain from
each other — but heavy-lifting is required to integrate India into the ASEAN equation. Else, shared history
and culture and political leaderships in sync may only yield rousing summitry.
EDITORIAL
Retail therapy: on the IPL 2018 auction

JANUARY 29, 2018 00:02 IST
With the player auction, the eight IPL squads have taken shape with a few surprises
T he Indian Premier League player auction is a parallel cricketing universe with a distinct dynamic. Over the
weekend at a Bengaluru hotel, the IPL’s top brass congregated with a wish-list that had no space for nostalgia.
Lasith Malinga found no takers while Chris Gayle, perhaps the most explosive batsman in the history of
Twenty20, was rejected twice before he got third-time lucky when Kings XI Punjab snapped up the opener at his
base price of ₹2 crore. There was no respect either for doughty batting performances in Tests. South Africa’s
Hashim Amla, who played his part in the recent match at Johannesburg’s Wanderers, was ignored, and
Cheteshwar Pujara found no suitors in the IPL. In Twenty20’s roller-coaster ride, the attributes of patience and
grit, so mandatory in Tests, have comparatively little value. The accent is on explosive batting, miserly bowling,
athletic fielding and, above all, the ability to remain iceberg-cool when the fires of a nerve-racking last over are
raging. The all-rounder, cricket’s version of a miracle-dispenser, remains mighty expensive. It was no surprise
when England’s Ben Stokes, despite the legal issues trailing him back home following an assault incident, got
the highest bid at ₹12.5 crore from Rajasthan Royals.
Doughty - brave and persistent.
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Royals and Chennai Super Kings, both coming back after a two-year suspension following
spot fixing and betting allegations, struck to their usual methods. Royals remained alert
to building a strong core. CSK continued its patented approach of nurturing its nucleus, as
was evident in the way it retained M.S. Dhoni, Suresh Raina and Ravindra Jadeja prior to
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of IPL auction
Dwayne Bravo. CSK was also aware of its cost dynamics and didn’t pursue R. Ashwin once
he crossed the ₹4 crore mark but instead nailed Harbhajan Singh at ₹2 crore. True to its
trope of bucking trends, the auction witnessed massive money chasing a left-arm fast bowler, and Jaydev
Unadkat became the most expensive Indian with a ₹11.5 crore price tag from Royals. As in previous years, the
latest auction gifted a bonanza to the unsung first-class cricketer. Krunal Pandya got ₹8.8 crore from Mumbai
Indians, and he is yet to play for India unlike his famous sibling Hardik. Among the overseas players, it was
heartening to see the price that Afghan players like Rashid Khan commanded, while Sandeep Lamichhane,
picked by Delhi Daredevils, became the first Nepal cricketer to join the IPL bandwagon. The eight IPL squads
have taken shape afresh and the players are laughing all the way to the bank. Whether that would translate into
ideal performance will be known once the league’s eleventh edition starts in April.
Tweak - improve (a mechanism or system) by making fine adjustments to it.
Niche - denoting or relating to products, services, or interests that appeal to a small, specialized section of the
population, a comfortable or suitable position in life or employment.
Anvil - a heavy iron block on which metal can be hammered and shaped.
EDITORIAL
Banking on good faith: on efforts to recapitalise PSBs

JANUARY 29, 2018 00:02 IST
More structural reforms are needed to maximise the bank recapitalisation effort
A bout ₹1 lakh crore is expected to be pumped into India’s 21 public sector banks by March, which
the Centre hopes will enable them to extend fresh credit lines worth over ₹5 lakh crore to spur economic
activity. Of the capital injection — the first half of an ambitious ₹2.11-lakh crore recapitalisation
programme for ailing public sector banks announced last October — about ₹8,100 crore is from the
government’s budgetary resources. Banks are expected to tap the markets for ₹10,300 crore, while
recapitalisation bonds worth ₹80,000 crore are to be issued to finance the rest. Leaving aside the market-
raising efforts by banks, over half the fresh capital of over ₹52,000 crore is being directed to the 11 public
sector banks that the Reserve Bank of India has placed under the prompt corrective action, or PCA,
framework. The RBI deploys the PCA to monitor the operation of weaker banks more closely to encourage
them to conserve capital and avoid risks. For these entities, this capital offers a fresh lease of life as it will
help meet regulatory requirements under the Basel-III regime as well as cushion them to an extent from
possible haircuts on stressed loans that are going through the insolvency resolution process. State Bank
of India, the country’s largest, and the nine others that are out of the RBI’s PCA net will receive nearly
₹36,000 crore in order to strengthen their lending capacity.
While announcing this package, the government has described each of the banks as “an article of faith”.
Its assertion that no public sector bank will fail and that depositors’ money will remain safe should allay
customers’ worry about the safety of their savings under the proposed Financial Resolution and Deposit
Insurance legislation. Rating agencies have given the move the thumbs up, but remain unimpressed
about governance reforms packaged with it. These include tweaks to existing systems for closer
monitoring of big-ticket loans, identifying niche areas where a bank has strengths, restricting corporate
exposure to 25%, and a new performance management system. Actual capital inflows will depend on
their performance on these fronts and their ability to meet the government’s service priorities, including
smoother credit flows to small businesses. More structural reforms may well be on the anvil in the
second half of this recap plan, which RBI Governor Urjit Patel had described as providing a real chance to
meet the banking sector’s challenges for the first time in a decade. Yet, the absence of any reference to
consolidation through mergers is glaring. Moreover, while the government has repeatedly ruled out
privatisation of these banks, the only one where it intended to offload its majority stake, IDBI Bank, has
got the largest allocation of ₹10,610 crore. At best, this sends out mixed signals.
Prognosis - a forecast of the likely outcome of a situation.
EDITORIAL
Economic Survey: Cautious optimism

JANUARY 30, 2018 00:02 IST
The Economic Survey underscores the need to maintain fiscal credibility
T he Economic Survey for 2017-18 paints the picture of an economy that gives reason for both optimism and
caution. It projects that GDP growth could accelerate to 7-7.5% in 2018-19, from 6.75% in the current fiscal,
reinstating India as the world’s fastest-growing major economy. According to Chief Economic Adviser Arvind
Subramanian, the key factors contributing to the positive prognosis are the reform measures: the July 1
implementation of the Goods and Services Tax and the steps taken to address the twin balance sheet problem in
the banking sector. The latter includes the push to use the Insolvency and Bankruptcy Code for debt resolution
and the initiative to recapitalise public sector banks. Adding to these domestic enablers are the fair winds of a
global recovery that have already lent a lift to overseas demand for India’s goods and services. But capitalising on
these favourable factors while remaining vigilant to other macroeconomic threats, including a key risk in the
form of persistently high oil prices, would require exemplary economic stewardship. Among the concerns the
CEA has flagged is one relating to what the Survey calls “a classic emerging market ‘sudden stall’ induced by
sharp corrections to elevated stock prices.” With Indian stock indices continuing to soar to new highs on an
almost daily basis, the Survey warns against “sanguineness about its sustainability”. A correction in the stock
market, besides triggering capital outflows, could force policymakers to raise interest rates, choking off the
nascent recovery.
ALSO READ
On the fiscal front, the survey contends that the Centre needs to reappraise its priorities.
The onus, it argues, has to be squarely placed on establishing and maintaining policy
credibility. To this end, it argues against “setting overly ambitious targets for consolidation,
especially in a pre-election year” that are based on optimistic and unrealistic assumptions.
Arvind
Subramanian on
Instead, it recommends a “modest consolidation” that would signal a return to the path of
Economic calibrated deficit reductions. In doing so, it appears that the Survey is signalling that the
Survey 2018: the
key takeaways
government may have to retain the elbow room to stabilise the GST, complete the
recapitalisation exercise and, most crucially, support agriculture. Devoting an entire
chapter to ‘Climate, Climate Change and Agriculture’, the CEA and his team have stressed on the dangers climate
change poses to the outlook for farm growth. With the potential to reduce annual agricultural incomes — by as
much as 20-25% for unirrigated areas — the Survey calls for a range of mitigation measures including extensive
provision of efficient irrigation technologies and a wholesale review of the cereal-centric approach to policy.
Citing job creation and education as key priorities, the Survey sets out a plan for rapid economic expansion by
recommending that policymakers keep their sights trained on strengthening “the only two truly sustainable
engines — private investment and exports.”
Iridescent - showing luminous colours that seem to change when seen from different angles.
Pantheon - a group of famous or important people.
EDITORIAL
Roger Federer: Renaissance man

JANUARY 30, 2018 00:02 IST
At the Australian Open, Roger Federer gave us more reasons to believe he is the greatest ever
R oger Federer’s iridescent late-career renaissance continued at the Australian Open on Sunday. The Swiss
maestro has now won three of the last four Grand Slam events he has entered — a success rate great
champions usually achieve during their athletic prime, not in the mid-30s. Indeed, Ken Rosewall, who
claimed the 1972 Australian Open at 37, is the only man older than Federer (36 years and 173 days) to have
won a Major singles title in the Open Era. Perhaps the most remarkable aspect of Federer’s record-extending
20th Grand Slam crown was the certainty that accompanied it. Where last year’s triumph in Melbourne was
startling — it was his first Major victory in nearly five years — Federer entered the second week this time as
the firm favourite. His striking, well-proportioned game looked in good order. Significantly, he seemed in no
trouble taking the ball impossibly early; his repurposed single-handed backhand was equal to the task. A
large part of his success over the last year owes itself to this more urgent style of play, which both conserves
energy and discomfits the opponent. Although rewarding, it is a method fraught with risk. It requires the full
range of Federer’s genius to pull it off — in particular, his sense of timing and innate understanding of court-
space. Through the fortnight, he balanced this risk-reward equation expertly, making the final without a set
dropped.
ALSO READ
The draw might have cleared for Federer — neither Novak Djokovic nor Rafael Nadal
kept his appointment with the World No. 2 — but Marin Čilić proved a formidable
adversary in the title round. The 6’6” Croat has reserves of easy power and moves well
for someone his size. A Major winner himself, Čilić is no stranger to the big stage.
Decoding the
genius of Roger
Federer tightened up at least once during the match. He later admitted that in the
Federer fourth set his “mind was all over the place” — “I was so close and I was telling myself,
‘Don’t mess it up,’ and then that’s exactly what I did.” But the greatest of athletes find a
way of silencing the voice of doubt that whispers in their ear. If anything, Federer, at this
stage of his career, seems to have become better at it. He appears more adept at relaxing into the moment and
seizing it: he did it to spectacular effect against Nadal in Melbourne last year, shedding the mental baggage of
defeats past; Čilić has never worried Federer in a similar manner, but victory demanded a masterful calming
of the nerves. It is this ability to continually refurbish and nuance all facets of his game — the physical, the
mental, the tactical, and the technical — that allows Federer to outcompete and outlive much younger
opponents. It is this that sets him apart, even among the pantheon of tennis’s finest.
Glacial - extremely slow (like the movement of a glacier).
Exacerbate - make (a problem, bad situation, or negative feeling) worse.
Prune - Trim (a tree, shrub, or bush) by cutting
EDITORIAL
A wider net: on the expanding tax base

JANUARY 31, 2018 00:02 IST
As the tax base widens, the Finance Minister should cut the share of indirect taxes
T he demonetisation of high-value currency notes and the advent of the goods and services tax regime
have triggered a surge in the number of those filing taxes in the country. The Economic Survey argues that
the large gains on the indirect and direct tax fronts indicate that the primary intentions behind the two
big-bang economic strides — of formalising the economy and bringing more income into the tax net —
have been met to some extent. From about 59 million individuals who filed income tax returns or whose
tax was deducted at source in 2015-16, the number of tax-filers rose by 10.1 million since the note ban.
Stripped of statistical adjustments to avoid a bias in findings, the Survey assesses that roughly 1.8 million,
or 3% of the existing compliers, started paying up. Many of them are reporting incomes close to the ₹2.5-
lakh threshold for personal income tax, so this may not swell the exchequer much. But it holds potential
for growth as the new taxpayers progress in their vocations. Personal income tax collections are expected
to rise to a historic high of 2.3% of GDP in 2017-18, compared to 2% between 2013-14 and 2015-16. This
may seem glacial progress but could be considered a tipping point in a country where just 4% of adults pay
personal income tax, though the government reckons that number should be 23%.
ALSO READ
The Survey finds a 50% increase in unique indirect taxpayers in the first six months of
GST, with around 10 million registered taxpayers now compared to an estimated 6.5
million pre-GST. The GST regime, despite the initial chinks, could end up boosting
India’s macro-economic stability by breaking what the Survey terms ‘inertia’ of the
A Budget less
cluttered
tax-GDP ratio. This ratio for the Centre has remained at the same level since the
1980s, though the economy grew at an annual average of about 6.5%. The Survey has
noted that both of India’s underlying macro weaknesses — the fiscal and current
account deficits — tend to get exacerbated when oil prices move up. A wider tax base
could at least help tackle the former. Fixing exporters’ GST woes and continuing to ease the transition
pains under its new features, such as e-way bills to deter evasion, would be critical to attain the 7%-7.5%
growth projected for the coming year. At the same time, the government needs a road map to expand the
direct tax pie by pruning blanket exemptions for vocations such as farming and using a more proactive Big
Data-driven approach to target evaders. The government must reward this tax base expansion by offering
the ‘compliant’ some relief in the Budget, even if it means slashing high duties on petroleum products.
After all, high indirect taxes pinch the poorest the most.
Protracted - lasting for a long time or longer than expected or usual.
EDITORIAL
Siege of terror: on Afghanistan's growing security crisis

JANUARY 31, 2018 00:02 IST
The Taliban and the Islamic State are exposing Kabul’s growing inability to keep the peace
W ith four attacks in 10 days that killed at least 158 people in Afghanistan, terrorists have sent a
loud message to the government and its international backers. Of the four, two were claimed by the
Taliban — the raid on January 20 in Kabul’s tightly-guarded Intercontinental Hotel and the January 27
ambulance bombing in a busy street. The Islamic State attacked a British children’s charity in Jalalabad
on January 24 and an army post outside the capital days later. Though the IS and the Taliban are opposed
to each other in the complex conflict landscape, both share a goal: to destabilise the state that has been
built since 2001, and throw the country into further chaos. In recent years, despite the government’s
claims of cracking down on militants, threats from the IS and Taliban have only grown. The IS, which lost
territory in Iraq and Syria, is trying to build networks elsewhere, particularly in war-torn Afghanistan.
From an enclave in Nangarhar in eastern Afghanistan, the group has planned and orchestrated several
attacks, mainly targeting Shia minorities. Last year, the IS claimed at least 15 bombings in Afghanistan,
while the Taliban is steadily expanding its firepower. Earlier, the Taliban had said it was targeting Afghan
military facilities and soldiers, not civilians. As the ambulance bombing that killed more than a hundred
people shows, the facts are to the contrary.
The Afghan government is caught in a classic security bind. Over the years, whatever it has done,
including stepping up the military campaign against the Taliban, has only deepened the security crises.
The protracted war and the indiscriminate use of airpower by the U.S. have turned a substantial portion
of the rural population away from Kabul, a resentment the Taliban has tapped into. The group now
controls almost a third of the country. And as the war drags on, other militant groups such as the IS have
also swept in, making a solution to the crisis even more elusive. The Taliban is now too strong to be
defeated outright, but not strong enough to unseat the government in Kabul. This is the stalemate the
war has entered. When U.S. President Donald Trump announced more troops for Afghanistan in August,
the plan was to break this logjam. But since that announcement, the Taliban has increased its attacks, in
an apparent message to Washington that a military solution is not possible. Even the tough line the U.S.
has taken vis-à-vis Pakistan, which has direct links with the Taliban and its allies in the Haqqani network,
by withholding military aid doesn’t seem to have had any immediate impact on Islamabad. The problem
is the lack of a cohesive strategy. The U.S. focusses too much on the military aspects of the problem, while
the Afghan government, plagued by corruption and infighting, remains incompetent in tackling the
challenges it faces. In such a scenario, it’s advantage Taliban.

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Bioequivalence - If two products are said to be bioequivalent it means that they would be expected to be, for all

intents and purposes, the same.

By evidence alone: on the 2008 Malegaon blast trial

Augur - portend a good or bad outcome.

Star turn: on actor Rajinikanth's foray into politics

On the ledger: on fiscal consolidation

Expenditure data underline the government’s challenge on ﬁscal consolidation

Questionable remedy: on the National Medical Commission Bill

Key sections of the National Medical Commission Bill need a rethink

Money talks: on U.S.-Pakistan ties

Citizen count: on Assam's draft NRC

EDITORIAL Bull Market & Bourse - see Annexure

On a high: the US Federal Reserve

State of conflict: on the Bhima-Koregaon violence

BREAKING DOWN 'Bull Market'

Bull vs. Bear Markets

Enabling a law: rights of the disabled

On triple talaq bill: Re-examine the Bill

Evidence of fragility: on underwhelming growth estimates

Underwhelming growth estimates come amid worrying data on agriculture

Theatre of the absurd: on Donald Trump’s response to 'Fire and Fury'

Data theft: on UIDAI exposé

On death of tiger in Bor reserve: Avoiding roadkill

On Section 377: Question of equality

Aver - state or assert to be the case.

On playing National Anthem in cinema halls: Not by diktat alone

On H-1B visa rules: Visa heartache

On privatisation of Air India: Ready for sale

Towards stability in Nepal

Nepal must hasten the process of government-formation

Problem of plenty: on devising a sound agricultural policy

After the Spring: the seventh anniversary of the Jasmine Revolution

Tunis must do more to reclaim people’s conﬁdence in view of anti-austerity protests

The demonstrations were caused by high unemployment, food inflation,

The protests were sparked by the self-immolation of Mohamed Bouazizi on 17

All gore: jallikattu in Tamil Nadu

Face the inevitable: the spike in bond yields

Staggering the losses of banks due to a spurt in bond yields is no solution

Left behind: on the right to free, compulsory education

No extra year for Maithripala Sirisena

Dual duty: on the twin responsibilities of States

Three States: election in a changing political landscape

Tripura, Nagaland and Meghalaya go to polls in a changing political landscape

The away challenge: India's Test performances overseas

On a new keel: Netanyahu's visit to India

see Annex on parliamentary secretary .

Profit and loss: on AAP MLAs' disqualification

The disqualiﬁcation of AAP MLAs is a legal question, not a political one

Time for clarity: on Doklam stand-off

Various High Courts have deemed the appointment of Parliamentary Secretaries

Two States — on CPI (M)'s draft resolution

EDITORIAL Locked down — on U.S. shutdown

What is Daca and who are the Dreamers?

Joanna Walters in New York

Who are the Dreamers?

Why are they called Dreamers?

A protest against the plan to end Daca in Los Angeles, California .

What did Trump announce?

What will happen to the Dreamers?

What has Trump said about Dreamers?

California subsequently announced its own suit.

Who supports Daca?

Since you’re here …