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Postscript



         Self-destruct government                          fundamental rights — the ‘seven freedoms’ — conferred
                                                           upon citizens by Part III of the Constitution. Moreover in
              HE CONGRESS GOVERNMENT OF Karnataka          the landmark Keshavnanda’s Case (1973) he persuaded
              which was unexpectedly elected to power in the   the Supreme Court to rule that Parliament — no matter
         Tstate legislative assembly election of 2023, is   how great the majority of the ruling party — cannot alter
         destroying the future of this high-potential state (pop.   the basic structure of the Constitution.
         67 million) by populist pandering. As soon as it was   Palkhivala was born into modest circumstances and
         sworn into power last summer, it set about fulfilling five   worked his way up in the legal profession and industry the
         promises it had somewhat recklessly announced in its   hard way. He also served as a director of the Tata Group
         election manifesto, viz, Rs.2,000 monthly assistance to   for several decades.
         women heads of all families, 200 units of free electric-  This perhaps proved his Achilles heel. In 1977 when the
         ity to all households, Rs.3,000 every month for unem-  post-Emergency Janata Party government was formed in
         ployed graduates and Rs.1,500 for diploma holders, 10   Delhi, the party’s nomination as MP from the prestigious
         kg rice per person per month and free travel for women   Bombay South constituency — and post of Union finance
         in state public transport buses. The total outlay for these   minister — was his for taking.
         freebies is likely to exceed Rs.50,000 crore per year, a   But perhaps because he had too much to risk — he de-
         substantial sum for the government whose annual budget   clined. Ditto in 1981. Had he entered politics, the economy
         expenditure in 2023-24 aggregated Rs.3 lakh crore. This   liberalisation and deregulation reforms of 1991 would have
         explains reduced capital expenditure in the state’s Budget   been enacted a decade earlier. After a prolonged illness,
         presented to the legislative assembly and the public on   Nani Palkhivala passed away in 2002. Nariman’s demise
         February 16.                                      is a good occasion to remember Palkhivala whose brilliant
           The state government’s latest manifestation of run-  advocacy secured the fundamental rights and basic struc-
         away populism was its indulgent tolerance of several   ture of the Constitution for the citizenry in perpetuity.
         mobs that rampaged through Bangalore on December
         27, breaking doors, windows, and damaging shops, pubs
         and restaurants. Business establishments were targeted   Resurgent ethnicity confidence
         for failure to inscribe their institutional names in Kan-
         nada — the dominant language of the state — on their   REEN SHOOTS INDICATE THAT INDIANS, WHO
         display signboards. Instead of prosecuting the vandals   had to endure the rule of pale-skinned foreigners
         for damaging private property, the state government has   Gfor 500 years, are recovering their self-confidence
         caved in to the demand of the state’s language chauvin-  and ethnic pride. According to a Nielsen IQ 2023 market
         ists. On February 20, a Bill to this effect was passed in the   research study, volume sales of ‘fairness’ creams have
         legislative assembly.                             declined for the first year ever.
           Evidently, populist chief minister Siddaramaiah is   Brainwashed for centuries by light-complexioned
         unaware that such vandalism and interference with   invaders including unprepossessing Brits that their skin
         private property is likely to scare away domestic and   tones were ideals of pulchritude, most Indians ignored
         foreign investors in a state which is the most favoured   the reality that in the harsh sunlight of the subcontinent,
         destination for foreign investment. The hapless people of   Brits resembled scary ‘Red Devils’. Most susceptible to this
         Karnataka have voted in a populist government expert at   historical brainwash are north Indians who dominate the
         harakiri.                                         films and cinema industry. Punjabi badshahs of Bollywood
                                                                       decreed that pale imitations of Hollywood movie stars
                                                           were a precondition of beautiful actresses. Ethnic beauties
         Remembering Palkhivala                            seldom made it to the top.
                                                             Unquestioningly ready to cash in on colour prejudice,
              HE PASSING OF SENIOR SUPREME COURT           cosmetics and beauty care product manufacturers flooded
              lawyer Fali Nariman on February 21 provoked    the Indian market with skin-tone lightening products,
         Tfulsome tributes paid to him by the Chief Justice   many of which are dangerous to health and in most cases,
         of India, Prime Minister Narendra Modi and several   didn’t deliver their promise. In the vanguard of these com-
         eminent commentators in the media and society. This   panies was Hindustan Lever (since christened Hindustan
         also brings to mind another extraordinary now forgotten   Unilever) which widely promoted its skin-lightening brand
         counsel of the Bombay Bar — Nani Palkhivala — who left   Fair & Lovely. For over half a century, Unilever UK/Hol-
         perhaps a greater stamp and impress upon Indian polity   land hyper-marketed this slyly christened cosmetic cream
         and society.                                      which not only inflicted dermatological damage on millions
           Prior to the mid-1960s, it was received wisdom that   of women nationwide, but also damaged their self-esteem
         under Article 368, Parliament with a two-thirds majority   and ethnic pride.
         could enact legislation to alter or amend any provision of   When EducationWorld protested this cynical exploita-
         the Constitution. Accordingly in the 1950s, the Congress   tion of the insecurities of Indian women (and men) and
         party enacted several laws, especially legislation impos-  criticised market leader Fair & Lovely, HLL’s reaction was
         ing land-holding ceilings and transference of ownership   to cut off all advertising. But later when it became politi-
         rights to tenants.                                cally incorrect to promote colour prejudice, in 2020 HLL
           However in Golak Nath’s Case (1967), Palkhivala   rebranded F&L as Glow & Lovely. This product which has
         persuaded the Supreme Court to rule that it was beyond   penetrated hinterland India — and millions of minds — is
         the power of ephemeral Parliaments to alter or abridge   too profitable to discontinue.

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