Central government – TheNewsHub https://thenewshub.in Thu, 17 Oct 2024 10:07:05 +0000 en-US hourly 1 https://wordpress.org/?v=6.7 Can you have peace minus the people?: Mohammed Yousuf Tarigami, MLA, Kulgam, Kashmir https://thenewshub.in/2024/10/17/can-you-have-peace-minus-the-people-mohammed-yousuf-tarigami-mla-kulgam-kashmir/ https://thenewshub.in/2024/10/17/can-you-have-peace-minus-the-people-mohammed-yousuf-tarigami-mla-kulgam-kashmir/?noamp=mobile#respond Thu, 17 Oct 2024 10:07:05 +0000 https://thenewshub.in/2024/10/17/can-you-have-peace-minus-the-people-mohammed-yousuf-tarigami-mla-kulgam-kashmir/

LISTEN | Amit Baruah in conversation with Mohammed Yousuf Tarigami

The CPI (M) leader says this election was the only option for the people of Jammu and Kashmir to express themselves. 
| Video Credit:
Interview by Amit Baruah; Editing by Samson Ronald K.; Produced by: Jinoy Jose P.

In a conversation with senior journalist Amit Baruah, Mohammed Yousuf Tarigami, a veteran CPI(M) leader and MLA from Jammu and Kashmir’s Kulgam, offers a candid and nuanced perspective on the region’s recent Assembly election—the first since the abrogation of Article 370 in 2019. Speaking after securing his fifth term as an MLA, Tarigami paints a complex picture of a populace eager for democratic expression yet constrained by years of political turmoil and centralised control.

He describes the elections as a watershed moment, where citizens across all demographics seized a rare opportunity to voice their concerns through the ballot, breaking a long spell of enforced silence. However, Tarigami’s optimism is tempered with caution as he outlines the challenges ahead: a polarised political landscape, diminished local autonomy, and the delicate balancing act required in dealing with the Central government.

Amit Baruah is a senior journalist.

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This mandate is against the unilateral changes initiated by New Delhi after 2019: Mirwaiz Umar Farooq https://thenewshub.in/2024/10/15/this-mandate-is-against-the-unilateral-changes-initiated-by-new-delhi-after-2019-mirwaiz-umar-farooq/ https://thenewshub.in/2024/10/15/this-mandate-is-against-the-unilateral-changes-initiated-by-new-delhi-after-2019-mirwaiz-umar-farooq/?noamp=mobile#respond Tue, 15 Oct 2024 10:46:12 +0000 https://thenewshub.in/2024/10/15/this-mandate-is-against-the-unilateral-changes-initiated-by-new-delhi-after-2019-mirwaiz-umar-farooq/

Hurriyat Conference Chairman Mirwaiz Umar Farooq, the religious head of Kashmiri Muslims, talks to Amit Baruah in this episode of the Frontline Conversations podcast at his home in Nigeen, Srinagar. After years of house arrest, he shares his views on Kashmir’s current situation and its future. The Mirwaiz discusses the recent elections in Kashmir, calling them a “consolidated ballot” against the changes made by New Delhi since 2019. He says people voted to show they reject these changes, not because they’re happy with the “Naya Kashmir” idea. He talks about how the BJP government’s actions have affected Kashmir.

The Mirwaiz believes that removing Article 370 hasn’t solved any problems. Instead, he thinks it has made the Kashmir issue more international, with China now involved because of Ladakh. Mirwaiz Umar Farooq compares the current BJP government with Atal Bihari Vajpayee’s time. He remembers Vajpayee’s efforts to solve the Kashmir issue “within the ambit of insaniyat” (humanity). The Mirwaiz sees the current government’s approach as very different, saying it wants to “finish the identity of the people of Jammu and Kashmir (J&K).”

LISTEN |

Amit Baruah in conversation with Mirwaiz Umar Farooq about the recently-concluded Assembly election in Jammu and Kashmir.
| Video Credit:
Interview by Amit Baruah; Editing by Samson Ronald K.; Supervising producer: Jinoy Jose P.

Edited transcript of the podcast:


In your sermon on Friday (October 11, 2024), you referred to a consolidated ballot being cast by the people of Kashmir. Could you explain what you mean by that?


You have to understand the context of these elections. Although Hurriyat has always maintained that elections, civic elections, and the overall Kashmir issue are two different things, it’s true that in the past, the Hurriyat Conference used to boycott the elections. This was because New Delhi often highlighted these elections as an alternative to a political solution or settlement of Kashmir. That’s why we used to distance ourselves from this process. We used to say that elections can be for governance, for “sadak, bijli, paani” (roads, electricity, water), but elections cannot substitute for a conflict management process.

Although this election is also for the civic legislature, I think the focus has shifted completely after the post-2019 situation. This mandate or voting pattern shown by the people is a clear indication that it’s a mandate against the unilateral changes initiated by New Delhi after 2019. It’s rejecting the impression that the government of India is giving—that post-2019, some “Naya Kashmir” (New Kashmir) has been developed and people are satisfied and happy with what’s going on on the ground.

People felt it was important to send a consolidated message by voting for one party. This might not have been the best choice given NC’s past, but given the present situation, people thought it better to consolidate behind one party. This party can, to some extent, try to reverse this process of disempowerment which has happened over the last five to six years.

It was a voice against the fact that people have been disempowered. People are concerned about their land rights, jobs, and their cultural and religious identity. There has been an overall assault on every aspect of Kashmiri life over the last five to six years. This time, the election was more about Kashmiris giving a united message to New Delhi that we reject those unilateral changes. It’s a vote against the BJP and against the policies of the Narendra Modi government.


There were other candidates who pretended to be separatists as well, and they were roundly rejected, as was the PDP (Peoples Democratic Party).


I think the PDP’s rejection is obviously because of their alliance with the BJP in 2014. People feel that this party is responsible for bringing the BJP into Kashmir politics. There was anger against that.

Regarding other parties, there was an impression among the people that suddenly we saw so many players coming into the electoral arena. It felt at times that there were more candidates than voters. People thought it was some sort of ploy on the part of New Delhi to consolidate the mandate in Jammu and completely disintegrate the mandate in the Valley, creating division within the community here.

Look at what happened post-elections—the way five more council Members were introduced in the Assembly, the gerrymandering of constituencies. The people of Kashmir were aware of what games New Delhi is playing.

It’s very clear that, to a large extent, people believe the National Conference (NC) is mainly responsible for the problems in Jammu and Kashmir since 1947. But if you ask me why they voted for NC, I think right now people felt they had to choose a lesser evil. Even the NC wasn’t expecting to get so many seats on their own.

The vote this time defines people’s anger. It also puts the NC in a position where they can’t undermine the people’s mandate. They have a clear mandate on what issues they have to take up with the Central government—the issues of Article 370, Article 35A, identity issues, land, jobs, statehood, and all those constitutional commitments that New Delhi had made to the people of Jammu and Kashmir. So I think this time, the election was quite different compared to the usual sadak, bijli, paani issues.

Also Read | Kashmir’s guarded optimism 


What is your assessment of the events of August 5, 2019? What was the driving force? And after that, also the changes in the Assembly? Was the objective to get a Chief Minister from outside the valley? Or is there an ideological underpinning that drives the BJP and RSS?


If you look at the focus of the BJP, they’ve always claimed that Article 370 has been responsible for separatism. But I don’t understand this; there’s absolutely no link between Article 370 and the separatist movement or the people’s movement. The youth who died, even the people who took up arms or went to jail, were not concerned about Article 370 because that was never their agenda.

We understand why BJP was projecting it as something significant. They were trying to give an impression to the rest of India that because of Article 370, Kashmir had a separate constitution and separate legislation. Although all those things were already diluted completely by the Congress and the National Conference, only a skeleton remained. They were trying to give this impression of Ek Pradhan, Ek Nishan, Ek Samvidhan (One Prime Minister, One Flag, One Constitution), that Kashmir is somehow special and not fully integrated into India.

Article 370 was already hollowed out. I think they used it to give an impression that removing it would integrate Kashmiris into mainstream India, which obviously is not the case. That’s what we’ve been saying—as long as the erstwhile State of J&K, including Ladakh, Azad Kashmir, and Gilgit-Baltistan, remains divided, the situation won’t change.

Whatever the BJP aims to do or intends to sell, the fact remains that as long as there is one area with Pakistan, one area with India, and now post-2019, one area effectively with China (referring to Ladakh), the issue remains internationalised. China has also condemned India’s unilateral decision. So, contrary to the BJP’s belief that they’ve made it an internal matter, we believe they’ve internationalised it further. China was not a player before; now they’re a direct player because they control a territory of J&K.


How would you assess a Prime Minister like Atal Bihari Vajpayee, who was also from the BJP, compared to Mr. Narendra Modi and his policies? You were all part of a process at that time. So how do you see it? Are these two different BJPs, or is it one BJP which didn’t have a majority then, and now is far more strengthened and has more authority?


To be honest, I don’t think that even if Vajpayee had the majority, he would have gone the way Mr. Modi has. I think Vajpayee, despite whatever differences we might have had regarding his role with Babri Masjid and other issues, to some extent understood that this problem is a legacy of the past that we have to address.

I remember meeting Vajpayee when he was Prime Minister. I was very young, probably in the late 1990s. We had gone to see him with Professor Sahib, and he said two things I remember. He said, “Is gutthi ko suljhana hai” (We must resolve this knot). He even said, “Agar hume alag bhi hona hai, to bhai ke tarah hona hai, dushman ke tarah nahi” (Even if we have to separate, we’ll do so as brothers, not as enemies).

When he became the Prime Minister, he understood that there had to be an internal process with the people of Kashmir and an external process with Pakistan. That’s why he took that bus trip to Pakistan. Unfortunately, issues like Kargil happened after that, which shouldn’t have.

I think the old BJP understood that there’s a political dimension, a human dimension, and a historical dimension to this whole problem, and that’s where they wanted to move forward. For example, I remember we were talking about the Constitution, and we were of the view that there should be unconditional talks. Vajpayee was also of this view. When the question of “within the constitution or outside the constitution” came up, he coined the term “within the ambit of insaniyat” (humanity). He said we would talk within the ambit of humanity, and that settled the discourse completely. It addressed all reservations.


Now, how do you see the BJP?


I think it’s completely different now. They want to completely finish the identity of the people of Jammu and Kashmir. They don’t realise that Kashmir is the only Muslim-dominated State. We are watching what’s happening with the rest of the Muslims in India as well over the last five years—the way their houses are being bulldozed, what’s happening in UP [Uttar Pradesh], what’s happening with madrasahs, what’s happening with the Waqf, the JPC [Joint Parliamentary Committee], and everything.

The people of Kashmir are more wary today. During the Congress or Vajpayee’s time, at least there was a secular India we were looking at. Now it’s a completely Hinduized and Hindutva India we’re looking at. So how can we expect Kashmiris to feel closer to New Delhi compared to before, given their current policies?

There is strong resentment in Kashmir regarding policies towards Muslims and how minorities are being treated. Jammu and Kashmir people are very politically aware because we live in a conflict, we are part of a conflict. People are looking at what’s happening in India, in the Parliament, in the streets of UP and other places.

Even for the Parliament, they connected Ladakh with some other seats. The whole exercise seems to be about how the Muslim vote could be limited and the other vote could be strengthened. I think this communal politics is a very dangerous game which the BJP is playing with J&K.

Muslim devotees gathered while Mirwaiz Umar Farooq, released after four years of house arrest, delivered the sermon at Jamia Masjid in downtown Srinagar on September 22, 2023.
| Photo Credit:
NISSAR AHMAD


What is your sense of how this government will fare, given that its powers are severely impaired and the Centre is very much strengthened?


I think it will be a constant struggle for them to do anything on the ground. Even Class IV employees (meaning peons and such) are now under the Central government’s control. People understand what motive the BJP has vis-à-vis Jammu and Kashmir and where they come from. But I think to some extent, at least now that people have chosen these representatives, there will be some resistance. Until now, it was completely one-way; there was no setup, no authority, no framework.

I feel the BJP has to see beyond electoral gains and benefits. In terms of India’s interest and national interest, I don’t think what they’re doing in Kashmir or Jammu and Kashmir is helping their national cause. On one hand, India’s concept is to integrate everyone, but on the other hand, they’re completely isolating a state, isolating a population.

I believe that the gap between New Delhi and Srinagar has widened more compared to the times when there was militancy and violence on the ground. Today, I’m sorry to say this, but there is hate because of what the state of India is doing in Kashmir.

The sad part is, I’m not talking about only Congress, but other parties as well. It seems all the regional parties, all the other parties, nobody’s questioning anything on Kashmir. Even parties like Aam Aadmi Party, who earlier spoke about Article 370, are now silent.


So you think that this government will have to tread very carefully in Srinagar?


I think so. I think it’s not going to be easy for them because people have expectations. We see what’s happening in Delhi with [Arvind] Kejriwal, [Manish] Sisodia, and others protesting on the streets every day. I think, at least in Kashmir, there will be some resistance to Central policies.

Also Read | Can you have peace minus the people?: Mohammed Yousuf Tarigami


You were in detention for a long time. You were not allowed to even go to the Jama Masjid to deliver your sermon. So what is the situation now?


Since August 4, 2019, till September of 2023, for four and a half years, I was completely under house arrest. This arrest was completely arbitrary and illegal. There was no case, nothing at all. They would just block my gate and not let anybody in. Anyway, we went to the court, and that process started. Now, relatively, I’m able to move. But again, from time to time, it’s completely at their beck and call. Anytime they can block my gate, anytime they’ll tell me that I’m not allowed to move out. So there is no guarantee.

Previously, I would give programs. We had religious programs, social programs, and political programs. Now it’s very limited because many of the Hurriyat constituents have been banned post-2019. Structurally, the Hurriyat is weakened, but I think emotionally and as far as the aspirational point of Kashmir is concerned, Hurriyat will be there. Hurriyat is not a party, it’s a concept. In the 1930s, it was the Muslim Conference, then it was Mahaz-e-Rai Shumari, then it was others, and it was Sheikh Abdullah at one time. So it keeps on changing. Maybe they might demolish the structure of the Hurriyat, but the sentiment of the Hurriyat is not going to be destroyed because there is a genuine feeling among the people that this problem has to be addressed once and for all—its political dimension, human dimension.

I’ve been limited because I was not allowed to meet the press also. Even now, I’m sure if you had come with a camera, they would not have allowed you here. My movements are very monitored. They say I have security threats and concerns, but if there are security threats and concerns for everybody, everybody else moves. But I’m asked to stay at home. So there’s obviously more to it. They want me to be more confined to my house.

But anyway, wherever I get a chance, we are talking. We are giving this message that look, even last Friday, I said that the way in which we are projected by New Delhi, by the BJP—as separatists, as anti-India—is sad. I said that we believe that it is in the national interest of the people of India to address this problem. So who is anti-national? We don’t want violence, we don’t want our youth to pick up guns. We don’t want them to get consumed in the violence or the conflict. But we do want this problem to have a fair closure.

This is the third or fourth generation which is dealing with this issue. As long as one part is with India and one with Pakistan, this issue will remain alive. Whatever internal changes they might make, whatever structural changes they might make, the problem is still very much there. This problem is not going to go unless we devise a mechanism.

That’s why we remind Mr. Modi from time to time that you had a mechanism where you were talking, you were addressing the issue. We had reached some conclusions. We were talking about soft borders, bus services, trade, an end to militancy, end to violence. I think that is something that maybe, if not from this BJP, but maybe after that, whichever dispensation comes, and I hope the regional parties and other parties also realise that unilateral actions won’t solve the issue. Despite India-Pakistan bilateral talks, unilateral changes were made.


What you are saying is that when the bilateral process has not worked, how…


Exactly, how will Kashmiris accept that?

Amit Baruah is a senior journalist and author of Dateline Islamabad. He has reported from Delhi, Colombo, Islamabad, and Southeast Asia.

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Can you have peace minus the people?: Mohammed Yousuf Tarigami https://thenewshub.in/2024/10/11/can-you-have-peace-minus-the-people-mohammed-yousuf-tarigami/ https://thenewshub.in/2024/10/11/can-you-have-peace-minus-the-people-mohammed-yousuf-tarigami/?noamp=mobile#respond Fri, 11 Oct 2024 02:14:59 +0000 https://thenewshub.in/2024/10/11/can-you-have-peace-minus-the-people-mohammed-yousuf-tarigami/

In a conversation with senior journalist Amit Baruah, Mohammed Yousuf Tarigami, a veteran CPI(M) leader and MLA from Jammu and Kashmir’s Kulgam, offers a candid and nuanced perspective on the region’s recent Assembly election—the first since the abrogation of Article 370 in 2019. Speaking after securing his fifth term as an MLA, Tarigami paints a complex picture of a populace eager for democratic expression yet constrained by years of political turmoil and centralised control. He describes the elections as a watershed moment, where citizens across all demographics seized a rare opportunity to voice their concerns through the ballot, breaking a long spell of enforced silence. However, Tarigami’s optimism is tempered with caution as he outlines the challenges ahead: a polarised political landscape, diminished local autonomy, and the delicate balancing act required in dealing with the Central government.

LISTEN

Amit Baruah in conversation with Mohammed Yousuf Tarigami
| Video Credit:
Interview by Amit Baruah; Editing by Samson Ronald K.; Produced by: Jinoy Jose P.

Edited excerpts: 


What is this vote in Kashmir all about?


This election for the Assembly was held after a long interval, with the previous one in 2014. The Supreme Court’s intervention and voices raised in Parliament and outside persuaded the government to initiate this process. The mandate is quite wonderful, with people coming out in good numbers, even in urban areas.


Did you expect it?


I did, based on my experience. J&K [Jammu and Kashmir] was deprived of many constitutional rights, and there were many pending day-to-day issues. Despite authorities in Delhi and Srinagar claiming normalcy and peace, we weren’t allowed to speak out. Journalists couldn’t express themselves, and even employees were treated as second-grade citizens, denied trade union rights. There was a lull in Kashmir, which was misinterpreted as acceptance of the government’s actions.


Is this the first time that people of J&K have had the right to express themselves after 2019 and the abrogation of Article 370?


Yes. This was the only option left for people to express themselves. It’s not about peace or no peace, but the willingness of common people to join the electoral process. They came out in large numbers because there was no other choice to express themselves.

Also Read | Mohamad Yousuf Tarigami, Kashmir’s Communist stalwart, faces toughest test yet


I came across people voting for the first time in their lives, some in their fifties and sixties. What would you say about that?


The younger generation’s voices have been choked. They want a good life, jobs, better education, and fair treatment from the administration. Since 2018, we’ve had an administration that wasn’t open to common people. This election, initiated after Supreme Court intervention, was seen as the only option left for all sections of society—traders, unemployed youth, students—who had been living under an atmosphere of forced silence.


Would you say this is a vote against the BJP in the Kashmir valley?


It’s certainly against the policies pursued by the BJP government towards Jammu and Kashmir. The Prime Minister talked about “Unka pul hallelujah,” but that wasn’t seen anywhere.


The National Conference’s performance can be described as fantastic, but the PDP [Peoples Democratic Party] and Congress have been decimated. What does this mean for Kashmir?


Unfortunately, our state was earlier composed of three regions: Jammu, Kashmir, and Ladakh. Now Ladakh is a separate Union Territory. The BJP government has worked to divide us further between Jammu and Kashmir, building walls of suspicion. They floated certain proxies here, especially after the 2019 assault on Article 370 and 35A. They tried to reorganise political structures, creating platforms that would agree with whatever the government did.

During this election, more proxies were created. Jamaat-e-Islami, for instance, contested against me in Kulgam. They were facilitated by the BJP government and administration, and allowed to function despite being a banned organisation. They got some share in Kulgam because they focused there, likely at the behest of those in authority.

This government has done everything possible to vitiate the atmosphere and devalue the democratic process. We’ve always maintained that the people of Kashmir, Jammu, and Ladakh want to be part of Indian democracy. The question isn’t about territorial integration, which is unquestionable. It’s about integrating the minds of people with the rest of the country. That comes through protecting people’s rights, not through force. You have to win over the minds of the people.


There’s a huge mandate for the National Conference, and interestingly, Congress seems to have won seats in the valley but not in the Jammu region. How will this new government face the challenges, given the high expectations?


Expectations are indeed very high, but there are limitations. The Reorganisation Act and the delimitation process ignored the 2011 census, which showed Kashmir Valley as more populated than Jammu. Yet, they increased six seats for Jammu and only one for Kashmir.

Moreover, while the Prime Minister and Home Minister repeatedly claim commitment to restoring statehood, they’ve further amended the Reorganisation Act. Public order and the posting and transfer of senior IPS officers have been given to the Lieutenant Governor.

Tarigami arrives to address a campaign rally ahead of the Assembly election in Kulgam on September 15, 2024.
| Photo Credit:
Tauseef MUSTAFA / AFP


And appointment of law officers?


Law officers, anti-corruption bureau, and all such institutions have been handed over to the Lieutenant Governor (LG).


So this is like the Delhi situation?


It’s more than that. Recently, the J&K budget was presented and approved by the Parliament in the absence of the Assembly here. The police budget for J&K has been listed in the Union budget, which is unprecedented. This means putting the police under direct control of Delhi.


So if Omar Abdullah becomes Chief Minister, the responsibility for law and order would rest with Delhi, not the Chief Minister?


Yes, absolutely. Even an SHO (Station House Officer), SP (Superintendent of Police), everything remains within Delhi’s control.


So if there are any terrorist incidents, that responsibility lies with the Centre?


Yes. Even processions, demonstrations, and whatever falls under law and order. The whole security scenario will be dealt with directly by the government of India, not trusting the representatives of the people of Jammu and Kashmir.


You mentioned earlier that the Supreme Court gave a date for election. What about statehood?


They mention the Supreme Court’s direction to hold elections, but there’s also mention of statehood. The Solicitor General assured the court about the restoration of statehood, but the government isn’t implementing that. Instead, they’re further amending the Reorganisation Act, reducing whatever little power the Assembly or Cabinet had.


So statehood is a distant prospect?


I don’t know, but it certainly needs big support from the rest of the country. They talk about peace and normalcy, but can you have peace without the people? The people are the real stakeholders. The current peace is due to huge security structures in the Kashmir Valley. We appeal to the people in the rest of the country and the Parliament to understand what’s happening in Jammu and Kashmir. At least now we’ll have a legitimate platform in the legislature to voice our concerns and protect the rights of the people.


As the spokesperson of the Gupkar alliance, what’s your view on the lack of representation from J&K in the Council of Ministers? Only two Hindus have been elected on the National Conference ticket. How can the new Chief Minister expand representation?


It’s a worrying factor and unfortunate. The polarisation promoted by those in power is dangerous, especially in this sensitive border state. It’s a difficult task, but we believe Kashmir and Jammu must work together, regardless of community representation.


There are some independent Hindu candidates.


We will try to work with them. We don’t know about their willingness to cooperate yet, but those doors should be opened.


Unfortunately, there’s no legislative council either.


Yes, the council where we could have addressed certain areas has been abolished.

Also Read | The fundamental demand is the restoration of Statehood: Mohammed Yousuf Tarigami


So polarisation is a policy of the Central government?


Yes, that’s how it appears. It’s not just us talking about it; it’s what they’re doing. The intent seems to be to polarise the situation further, as they’ve been doing in many areas of the country, and now here in Jammu and Kashmir as well.


What kind of relationship do you think the government here can have with the Central government?


We don’t have any choice except to work together with the government of India. It’s not in the interest of Jammu and Kashmir to confront them. Our size is too small. We’re dependent on the Central government for the restoration of statehood, other rights, and livelihood issues. We’ll seek solutions in consultation with those in authority.


What’s your sense about the release of Engineer Rashid and allowing Jamaat-e-Islami to contest elections while it remains a banned organisation? Was it to split the votes of mainline parties?


That seems to be the case. As a student of politics, I don’t object to anyone contesting elections. The question is legitimacy. Jamaat-e-Islami remains banned, yet they’re facilitated to campaign as independents, openly declaring their affiliation. Earlier, they opposed mainstream parties. Now, there’s a U-turn. Neither they nor the government explain this change to the people. Jamaat-e-Islami has argued for secession in the recent past.


You’re going to be a fifth-term MLA. People in Srinagar seem generally happy with the mandate. After a long time, there’s a feeling that people are satisfied with their vote and its result. What are your thoughts?


There was a time of boycotts and fear. Now, there’s hope for some relief because other avenues have been choked. People can’t even protest peacefully anymore. They were handed over to unknown bureaucrats for a long period. That’s why people are opting for this route to get some relief, even if it’s little. They will rejoice and celebrate, in my opinion. But it’s a greater responsibility for those elected to deliver and for the national government too. Don’t miss this opportunity. People are showing confidence in the democratic process. Respect that and do whatever is required to strengthen this process, not dilute it.

Amit Baruah is a senior journalist.

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UPSC lateral entry recruitment plan may sidestep reservation https://thenewshub.in/2024/09/02/upsc-lateral-entry-recruitment-plan-may-sidestep-reservation/ https://thenewshub.in/2024/09/02/upsc-lateral-entry-recruitment-plan-may-sidestep-reservation/?noamp=mobile#respond Mon, 02 Sep 2024 13:14:02 +0000 https://thenewshub.in/2024/09/02/upsc-lateral-entry-recruitment-plan-may-sidestep-reservation/

In recent weeks, the NDA government has selectively rolled back a few decisions, the most crucial one being the proposal to induct officers at the level of Joint Secretary, Deputy Secretary, and Director through a “lateral entry” system. Other climbdowns include the withdrawal of the Draft Broadcasting Services (Regulation) Bill and the referral of the Waqf (Amendment) Bill to a joint parliamentary committee. These instances have led to the belief that the government has paid heed to the counsel of its coalition partners and the opposition, but the U-turn on lateral entry appointments indicates that this could be a misplaced perception.

The Annual Report (2022-23) of the Department of Personnel and Training (DoPT) states that “lateral recruitment is an initiative of the government to achieve the twin objective of bringing in fresh talent as well as augmenting the availability of manpower at middle management levels by appointing persons, at the level of Joint Secretary, Director and Deputy Secretary, for specific assignments keeping in view their specialised knowledge and expertise in their domain area. A total of 36 officers comprising 09 Joint Secretaries, 18 Directors and 09 Deputy Secretaries, appointed through Lateral Recruitment, are in position in various Ministries/ Departments. The list includes 30 officers who were selected during 2021, comprising three Joint Secretaries, eighteen Directors and nine Deputy Secretaries.”

On August 17, the Union Public Service Commission (UPSC) issued a notification, for the second time in less than three months, inviting online applications for lateral recruitment to 45 posts in the three Group A categories of Central government jobs. The contract or deputation was for three to five years, and the deadline for submission was September 17. Candidates needed to have 15 years of work experience for the post of Joint Secretary, and 10 years and 7 years for the Director and Deputy Secretary posts, respectively. Those eligible to apply were officers of States/Union Territories working at equivalent levels and with the requisite experience and individuals in comparable levels in public sector undertakings, autonomous bodies, statutory organisations, universities, recognised research institutes, private sector companies, consultancy organisations, and international and multinational organisations. The advertisement did not provide for any reserved category posts.

Also Read | ‘We instil confidence in the aspirants’: Ved Prakash Gupta

The UPSC issued a similar notification in June for 17 posts in the Group A category. All were for recruitment of candidates belonging to the category of people with “Benchmark Disability”.

Although the government had inducted officers through a similar process in 2018, this was the first time the UPSC was notifying the positions and not the DoPT.

On the back foot

The government appeared to be on the back foot as opposition parties and the ruling party’s own allies, especially the Janata Dal (United) and the Lok Janshakti Party (Ram Vilas), objected to it on the grounds that it militated against the principles of social justice.

Within four days of the notification, a letter from the office of Jitendra Singh, Minister of State, DoPT, was sent to UPSC chairperson Preeti Sudan asking her to cancel the advertisement. Before taking over as UPSC chairperson in July following the abrupt resignation of Manoj Soni, Sudan had officiated as Secretary, Health, and held other important portfolios.

Apart from implying that the UPSC had acted on its own, Singh’s letter went on to extol the Prime Minister’s deep resolve to adhere to the principles of equity and social justice. The process of “lateral entry must be aligned” to those principles, especially the provisions concerning reservation, the Minister’s letter said.

Obviously, the BJP could not afford to be seen as “anti-reservation” with elections to three State Assemblies and one Union Territory around the corner. The UPSC chairperson was just the fall guy. The letter reminded the UPSC chairperson that “reservation in public employment is a cornerstone of our social justice framework, aimed at addressing historical injustices and promoting inclusivity” and “it is important that the constitutional mandate towards social justice is upheld so that the deserving candidates from marginalised communities get their rightful representation in the government services”. The letter further reasoned that as these were single-cadre posts, there was no provision for reservation in these appointments, adding that “this aspect needs to be reviewed and reformed in the context of the Hon’ble Prime Minister’s focus on ensuring social justice”.

In a veiled attack on the Congress, the letter mentioned that lateral entry was endorsed by the Second Administrative Reforms Commission constituted in 2005 and chaired by Veerappa Moily, implying that the NDA government was only carrying on something the previous government had initiated. The Sixth Pay Commission (2013) had also recommended the same, the letter pointed out, stating that “both before and after, there have been many high-profile cases of lateral entrants”. What the letter failed to mention, however, was that these high-profile cases were of people with distinguished careers in their fields who were appointed as secretaries or advisers to the government.

What senior bureaucrats say

A few senior bureaucrats Frontline spoke to were of the unanimous opinion that lateral entry at the levels of Joint Secretary, Deputy Secretary, or Director would make no value addition at all.

According to the retired bureaucrat E.A.S. Sarma, successive governments adopted the lateral entry route to bypass reservation on the premise that it ran counter to the idea of “merit” and “expertise”. Other devious ways adopted, he told Frontline, include contract employment, outsourcing, public-private partnerships, and privatisation of Central Public Sector Enterprises. “Since 1991, in the guise of ‘reform’, successive governments have progressively shrunk the size of the public sector to circumvent reservation,” he said.

Sarma said that providing SC, ST, and OBC reservation was a constitutional obligation that both the United Progressive Alliance and NDA governments had violated. He explained that the role of a Joint Secretary in a ministry was different from the role of an “expert” recruited from outside. A person in that position was expected to ensure that a proposal processed in a ministry was consistent with the relevant laws, aligned with the government’s formally adopted policies for that sector, and upheld the values of the Constitution—tasks for which a specialist may not be particularly suitable. He added that lateral entry could be justified for certain key roles, such as Chief Economic Adviser, or advisers in ministries related to mining, petroleum, and chemicals, and in the NITI Aayog and other think tanks. Any first entry, he said, should be subject to reservation.

IAS probationers visit Parliament House in New Delhi, a 2005 picture. Experts say the intake at the UPSC entrance level should be increased to meet the shortfall in personnel.

IAS probationers visit Parliament House in New Delhi, a 2005 picture. Experts say the intake at the UPSC entrance level should be increased to meet the shortfall in personnel.
| Photo Credit:
Shanker Chakravarty

“Contextually, the recent moves on the part of the government to nominate civil services to function as rath prabharis [incharge] before elections to promote a personality cult, lifting the six-decade ban on civil servants joining the RSS and loading important public institutions with persons selected on the basis of their ideological bias, have rendered the move to recruit Joint Secretary-level officers laterally particularly dubious. I am glad the government dropped the proposal under pressure,” Sarma said.

Highlights
  • The Union Public Service Commission issued a notification inviting online applications for lateral recruitment to 45 posts in the three Group A categories of Central government jobs.
  • With opposition parties and the ruling party’s own allies objecting to it on the basis of social justice principles, the government retracted its decision and asked the UPSC chairperson to cancel the advertisement.
  • Whether the U-turn on lateral appointments is really a climbdown for the government is doubtful. The government has made it clear that it will institutionalise lateral entry and provide for reservation in such posts in the Group A category.

M.G. Devasahayam, another retired civil servant and a former Army officer, said that the Indian Administrative Services was created with “the idea that the best talent, best brains must come up to hold the country together through a common interest. The IAS has no central cadre. Its officers are recruited and trained by the government of India and are sent to the States. They bring together the experiences of the entire country. They are expected to reflect the pulse of the country.” He cited how he, although belonging to Tamil Nadu, served as an officer in the Haryana cadre.

According to him, lateral entry was not always undesirable. He pointed to V. Krishnamurthy, former CEO of BHEL, SAIL, Maruti Udyog Ltd, and GAIL; the agricultural scientist M.S. Swaminathan; the technocrat R.V. Shahi; and the economists Montek Singh Ahluwalia and Manmohan Singh, all of whom joined at senior levels.

The trouble, said Devasahayam, started in 2018, when the DoPT put out an advertisement to recruit 10 Joint Secretaries and a few Deputy Secretaries. Despite opposition, the recruitment took place. In 2019, the DoPT began recruiting 450 officers at the levels of Joint Secretary, Deputy Secretary, and Director; this was close to 60 per cent of the strength of the Central government personnel at that level. Despite opposition from within and outside, some 63 people were inducted. “Now they want to bring in 45 more. This has reduced direct recruitment from the IAS,” he said.

According to Devasahayam, if specialists are required they can be recruited from within the cadre. There are highly technical people in the IAS with specialisations. Any person in the corporate sector with similar years of experience might not know enough about governance, he said. There was a worry that private sector people inducted through lateral recruitment would initiate policies favourable to certain corporate entities. The second danger, Devasahayam said, was the induction of a large number of people from the RSS, more so after the ban had been lifted on government servants joining the organisation.

While there is no harm in bringing specialists, there are brilliant IIT and IIM graduates in the IAS, and the government could create a special cadre from within. “Have specialisations but do not dilute,” he said. “How can one expect a person coming from the corporate sector to coordinate with the States? There is no gain in this kind of lateral entry.”

According to Devasahayam, lateral entry at a certain level is fine, but it cannot be a regular recruitment process. “Is it so difficult for the government to find a few persons from the reserved categories? It will find a few names aligned to its ideology and may not even fill the posts as is the case already with the Central government. The opposition parties have not seen through the game. The advertisement will be issued again; this time with provisions for reservation. But the posts will remain vacant,” he said.

Officers on deputation

The other issue is to get commitment from such lateral appointees. An officer on deputation or contract might not have a stake in the job; three years is too short a time. “I think the idea is to recruit their favourite corporate people and those who missed the bus for the IAS,” said Devasahayam. “They will be ‘conferred IAS’ just as State service officers are done. Only 60 per cent are direct recruits in the IAS; others are ‘conferred IAS’. Those recruited from the pool of State Administrative Officers and State Public Service Commissions are ‘conferred IAS’. Lateral entry will be for those who can’t come in through the front door.”

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K. Sujatha Rao, former Union Secretary, Ministry of Health and Family Welfare, agreed. “The government should have proposed lateral entry at very senior policy levels, the way Manmohan Singh or Montek Singh Ahluwalia were inducted. But such eminent people have to be invited, not recruited through the UPSC.” Rao added that to make up for shortage of personnel, the government should increase the intake at the UPSC entrance level and, in the short run, use contractual appointments, which is already being done.

Rao was sceptical about the government gaining anything. “Someone from the private sector will get a complete inside view of policymaking and make good contacts; their market value will be high when they leave. I doubt whether the government can gain much. It’s a different matter if it’s a permanent recruitment. No harm in providing for reservation, but why such recruitments are being made in the first place needs to be clarified,” she said.

Whether the U-turn on lateral appointments is really a climbdown for the government is doubtful.

The government has made it clear that it will institutionalise lateral entry through the UPSC and provide for reservation against lateral entry posts in Group A posts.

The opposition parties may actually have made it easier for the government to do exactly what it wants. Not only has the number of jobs in the Central government shrunk (see tables), there are fewer people from reserved categories in Group A and B jobs, and there is a disproportionate representation of them in Groups C and D. In all likelihood, the posts will be left vacant citing the “non-availability” of reserved category candidates.

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