Indo-Pak Relations

Read an interesting news item today, "India's new envoy to Pakistan could face rough ride ahead".

No doubt, an assignment in Pakistan for any Indian diplomat could be a real test of nerves and diplomatic skills, considering the fragile nature of our bilateral ties, besides the power equations in Pakistan between their civilian and military leadership. Its any one's guess who calls the shots where foreign policies via a-vis India are concerned.

Without doubting our envoy - Mr. Ajay Bisaria's diplomatic skills and his commitment, it would be great if more emphasis is also laid on military to military ties, via increase in the number of military attaches in both state capitals. They should be tasked with direct dealing with the defense establishments in the respective state capitals, and coordinate the outcomes via their envoys in the respective state capitals.

The role of civilian leadership at least in India, for such an ambitious exercise, would be a facilitation and a consultative one.

Hafiz Saeed's expected release

Hafiz Saeed's expected release should not come as a surprise. What can the courts in Pakistan do, if their government did not pursue the matter seriously? Lakhvi, another key player who orchestrated the Mumbai attacks, was given all facilities in jail, including conjugal rights.

One needs to be reminded of the response of the then Foreign Secretary of Pakistan Mr. Salman Bashir, to our dossiers submitted. He trashed them as "piece of literature".

American and Israeli citizens were also targeted in those attacks, and now it is high time that we join efforts with Israel and US to isolate Pakistan globally on the issue of terrorism. Wonder, how long can Pakistan's chief patron China, keep shielding Pak based terrorists at the UNSC?

India needs to play a key back channel diplomacy in ensuring the relations between US and Iran are back on track. If that is accomplished, then India could facilitate the supplies to US troops in Afghanistan via Chabahar port in Iran, thereby effectively denting a key advantage which Pakistan has vis-a-vis US now, and that is, of providing routes via its soil for supplies to US troops in Afghanistan.

Demonetization Exercise

One can debate endlessly on the merits and demerits of demonetization exercise. The key factor would lie in having credible information on the jobs created in the informal sector, which was hit badly last year due to cash crunch.

The government must make all out efforts to identify those badly hit, extent of job losses, and dole out loans on soft terms to such entities so that they are able to stand back on their feet, with greater vigor and energy, besides creating many more jobs than what were lost.

Perhaps, the gains made by RBI via decrease in its liabilities on account of those notes which have not entered the banking system as yet, as well as from the unaccounted cash seized from various bank accounts or other sources, could part finance such an initiative.

SC Order on Dry Highways

Reference to order of the Hon'ble Supreme Court, which banned the sale of alcoholic beverages at establishments located within 500 meters of state and national highways, and included hotels, pubs and bars as well within its ambit, while allowing a partial modification reducing the limit to 220 meters in areas with a population of less than 20.000.

Some thoughts on above: :

a   1.  The said order from the Hon'ble Supreme Court court is based on the premise,  Drunk driving is a potent cause of fatalities and injuries in road accidents. The Constitution preserves and protects right to life as on over-arching constitutional value.

There can be no doubt about the validity of this premise by the bench of the Hon'ble Supreme Court, which delivered the said verdict yesterday. But then, can drunk driving not emanate from the residential units as well, situated along the prescribed limits off highways? Is there any empirical evidence to support the contention that only the impacted bars, pubs, and hotels located within such prescribed limits are responsible for drunk driving?

Secondly, should the resident guests in the impacted hotels, and guests in valet driven cars who visit such impacted bars, or pubs etc  not be permitted to consume liquor within such premises, as they do not cause drunk driving?

b   2. To quote from page no. 8 of today’s Hindustan Times (New Delhi/Metro edition): 
h     
       The  fresh ruling virtually rejected Attorney General Rohtagi’s legal opinion to Kerala and Haryana, that the verdict was not meant for restaurants, bars, and hotels.  “As the object of the direction is to prevent drunk driving, making any such relaxation will defeat its purpose”, the bench said.

But then, can’t drunk driving emanate from other bars, pubs, clubs, and hotels as well, which are off the prescribed limits, and do not come with the ambit of such prescribed limits as defined in the said judgement? Also, what about the residential units from where drunk driving can emanate, irrespective of where those are located?

It needs to be noted that as the Attorney General is the Chief Judicial Officer of the Union Government, his legal opinion to Kerala and Haryana, should represent the views of the Union Government as well.

In case of a clash between the Judiciary and the Executive, where interpretation of laws are concerned, the Executive can have an upper hand by promulgating an ordinance, to set aside the ruling of the Judiciary.

     

    3  To quote from page no. 8 of today’s Hindustan Times (New Delhi/Metro edition): 

       The Attorney General Mukul Rohtagi appearing for Tamil Nadu, argued that the order required rectification because the court had “transgressed its limitations” by interfering with the state’s right to prescribe distance. His argument, did not find favour with the court.

This implies that the Hon'ble Supreme Court has perhaps stepped on the rights of the states where this particular ruling is concerned. 

d  4. To quote from the front page of today’s Economic Times (New Delhi/Gurgaon edition),

      However, the bench did not relax the norm for hotels and restaurants, which risk losing their liquor licenses unless civic authorities re-designate highways as municipal roads.” As a parallel move, the state and the Union governments need to look afresh the existing highways, and evolve parameters to clearly define municipal roads and highways.  
     
          As a parallel move, the State and the Union governments need to look afresh the existing highways, and evolve parameters to clearly define municipal roads and highways.       

According to Google: 

A highway is a main road, or thoroughfare, such a street, boulevard, or parkway, available to the public for use for travel or transportation. The nature of public way is determinable from its origin, as well as the intention and plans of the appropriate authorities and the use to which it has been put.  If a particular road or highway is designated as private, its character will not be altered if it is actually a public road or a highway.

Private roads are intended for use by a few private individuals,as distinguished from highways that are for public use.      

                The said definition of Highway, if applied in the current ruling, would imply virtual prohibition in the country.

Trouble at Infosys

Just as we were coming to terms with the possibility, that the events at Tata group, which have been making news for all the wrong reasons since September last, were an aberration where corporate governance at such sanctified organizations are concerned, we were delivered with another bombshell today, through Economic Times.

The front page headline had an icon of IT industry, Shri N.R. Narayana Murthy, blasting the existing governance standards at Infosys, and fondly remembering the practices when he was at the helm of affairs.

Turning to another page in ET today, we saw another headline where Infosys CEO Vishal Sikka, telling his staff to " Ignore all speculation about governance." Then next to it, is yet another headline wherein the third largest institutional investor in Infosys, Oppenheimer Funds, openly backing Sikka, and has advising the non-executive founders that they need to come to grips with the reality that this is a public listed company, and no longer their firm.

Well, to begin with, before zeroing in on CEO Vishal Sikka, it is reasonable to expect that an organization like Infosys, which is a benchmark by itself in the IT sector, and highly respected internationally as well, had its procedures and standards to select a CEO well laid out and followed.

The board of directors too had their responsibilities well laid out and followed to ensure that the legacy of Infosys, which had been so painfully established over the past two decades had to be further strengthened, especially in face of the emerging challenges confronting the industry as a whole.

If there have been questionable practices with regard to compensation such as the 100% variable component in severance pay, as claimed by Shri Murthy, then was this not addressed by him with the board of directors and CEO Sikka?

Without doubting the convictions of Shri Murthy on such sensitive issues, if the board of directors and CEO Sikka who are now running the show, have their strong convictions behind the same,then whose opinion should prevail? Certainly, those who are running he show.

But, if there is a genuine cause for concern at the existing culture at Infosys, then who is to take a call? Assuming that there is a commonality of interests between the current board of directors, CEO Sikka, and the founders who are now relegated to non-executive roles, is it unreasonable to expect that all they need to do is to come together to brainstorm the ideas, and arrive at a consensus on the future course of action, that best serves the brand image of Infosys?

Today's edition of Economic Times, has alerted us to a fact that the real challenge to 'Make in India' initiative, lies at the boardrooms of such iconic organizations like Tata group and Infosys.

Challenges Ahead for Mr. Chandrasekaran

Without doubting the credentials of the incoming Chairman of Tata Sons, Mr. Chandrasekaran, some thoughts that merit attention are:

a) He has spent his entire career so far in TCS, regarded as the 'cash cow' of Tata Sons. But the Tata empire ranges from 'salt to software' businesses. Would he not need to understand the complexities of each of these businesses, and how would he be bench-marking himself vis-a-vis the heads of each Tata company, where job knowledge is concerned?

b) Would the boards of each Tata company have sufficient autonomy to take bold business decisions, or would they be subservient to their holding company, that is Tata Sons?

c) Would any bold decision by the board of Tata Sons regarding any of its loss making company, be taken and implemented only after running the same through the board of the respective companies and its shareholders, or would be just forced upon the same?

d) How would he go about reviving the fortunes of Tata Steel, and Indian Hotels, without having to take bold measures such as selling off those businesses to groups that are just focused on such businesses, and are not a diversified conglomerate like the Tata group?

e) And above all, how would he perform the much needed balancing act, which perhaps his predecessor could not manage? And that is, balancing the expectations of the biggest stakeholder in Tata Sons, which is Tata Trusts on one hand, and the board of Tata Sons, along-with the boards of each constituent Tata companies?