Page 10 - EW July 2022

Editorial

PALKHIVALA SHOULD BE ALIVE AT THIS HOUR homes of citizens is that as encroach-
ers they had no right, title or interest in
buildings constructed on government
he sights and sounds of bulldoz- minorities persecuted by prejudiced land. Yet it’s common knowledge that
ers razing homes of citizens Central and state governments. to extract bribes corrupt government
Twho had allegedly encroached In this connection, lawyers need to officials issue fake licences and en-
on government land, which played revisit the extraordinary legal creativ- courage illegal construction on public
out on 210 million television screens ity of the late Nani Palkhivala (1920- property. Judicial notice should be
across the country last month, have 2002) who on several occasions per- taken of this.
severely damaged India’s image as suaded the Supreme Court to injunct Moreover it’s surprising that latter
nation of orderly governance and rule runaway governments at the Centre day leading lights of the bar have not
of law. Outrage over dispensation of from eroding the fundamental rights pressed the courts to apply the doc-
executive justice has provoked six for- and freedoms of citizens and minori- trine of estoppel to disqualify state
mer Supreme and high court judges ties. In the Golak Nath Case (1967), and local governments from contest-
and an equivalent number of veteran although it was settled law that under ing titles of structures built on gov-
lawyers to petition the Chief Justice Article 368, Parliament with a two- ernment land years after occupation.
and Supreme Court to take suo motu thirds majority, could amend any Government has a public duty to con-
cognisance of the blatant disregard of provision of the Constitution, he suc- test adverse possession of government
due process by the BJP government of cessfully argued that it cannot alter or property immediately after encroach-
Uttar Pradesh. abridge fundamental rights encapsu- ment. Not at its convenience, years
Although the languid reaction lated in Part III of the Constitution. after.
of the judiciary to the UP state gov- Moreover in the Kesavananda Bhara- With his brilliant logic, lateral
ernment directly visiting draconian ti Case (1973), he prevailed upon the thinking and creative interpretation
punishment on alleged rioters and apex court to rule that altering the of law, were he alive at this hour,
anti-socials without due process is basic structure of the Constitution is Palkhivala would have persuaded the
reprehensible, the fault is less of the beyond the authority of the largest Supreme Court to estopp official de-
bench than bar. The country’s top legal parliamentary majority. molition of citizens’ homes when gov-
practitioners have failed to creatively In the present instance, the justi- ernment neglects to contest adverse
interpret the law to protect the rights fication of the UP and several other possession of public property within
and property of citizens and religious state governments for demolishing reasonable time.

AGNIPATH: INADEQUATE GROUND PREPARATION undergrad colleges offering obsolete
curriculums and poor learning out-
comes. Especially since at the end of
he violent protests that erupted Rank One Pension) in 2014, the gov- their four years service, unretained
last month countrywide against ernment’s military pension bill has soldiers will receive a Rs.11 lakh sev-
Tthe Central government’s Ag- risen from 19 percent in 2020-21 to 26 erance package which could bankroll
nipath armed forces short-term re- percent of the defence budget (Rs.5.2 small businesses and enterprises, es-
cruitment scheme have further desta- lakh crore in 2022-23). Against this, pecially if collectively promoted.
bilised the post-pandemic economic in the US, pension payout aggregates Moreover, Agniveers not retained
recovery process already slowed by 10 percent of the defence budget and will have the option of availing 10 per-
communal violence, rising unemploy- 14 percent in China. Clearly, with cent quotas in the Centre’s paramili-
ment and inflation. 55,000 retirees added annually to tary force and defence public sector
The Agnipath schema reduces the the already extant 3.2 million defence enterprises. In the circumstances, the
tenure of new recruits into the de- services pensioners, the number of national interest demands that pro-
fence services — army, navy and air foot-soldiers being absorbed in the 1.1 testing youth should accept the new
force — from 14 years with pension million-strong Indian defence services Agnipath scheme.
and medical coverage, to four years had to be reduced to curtail the pen- However, peremptory introduction
without these benefits. According to sions bill to release resources for mod- of the Agnipath recruitment initiative
government spokespersons, the Ag- ernisation of the three services in the has again highlighted the proclivity of
nipath scheme will reduce the aver- new age of technology-driven warfare. the BJP government at the Centre to
age age of serving defence personnel Nor is a four-year stint in the armed introduce important legislation with-
to 26 (from 32 years currently), slash services as bad a deal as the nation’s out adequate ground preparation. It’s
the services annual pension payout rampaging youth have been led to pertinent to note that demonetisation,
by Rs.34,500 crore annually, releas- believe. Four years of training in the the national pandemic lockdown and
ing resources for induction of new age highly disciplined defence services is the necessary farm reform bills were
technologies and equipment into the a great opportunity to acquire hi-tech sprung on citizens at short notice,
defence services. skills which will benefit 75 percent of without adequate debate in Parlia-
Undoubtedly, there is considerable youth demobilised at the end of four ment or public forums. Greater aware-
substance in the new schema which years. Arguably, this is a preferable ness of the grammar of democratic
is fully backed by military top brass. option to enroling for a three-year de- politics could have saved the economy
Since the introduction of OROP (One gree programme in state government and public great damage and grief.

10 EDUCATIONWORLD JULY 2022