HW News Editorial with Sujit Nair

In this edition of "Editorial," Mr. Sujit Nair discusses the ongoing trend of leaders from opposition parties being summoned and investigated by enforcement agencies. He points out instances in states governed by opposition parties like Tamil Nadu, Jharkhand, Delhi, West Bengal, and Kerala. Mr. Nair specifically highlights the recent arrest of Delhi CM Arvind Kejriwal and expresses concerns about the state of Indian democracy. Kejriwal was arrested by the Enforcement Directorate in connection with a money laundering probe related to alleged corruption in the development and implementation of Delhi government's excise policy for the fiscal year 2021-22, which was later revoked.

In this editorial segment, Mr. Sujit Nair discusses a pressing issue facing India: unemployment, along with a statement made by the Chief Economic Advisor. On March 27, Chief Economic Advisor V. Anantha Nageswaran emphasized that government intervention couldn't solve all social and economic challenges, stating that diagnosing problems like unemployment is easier than finding solutions. At the unveiling of the "India Employment Report 2024: Youth Employment, Education and Skills," co-authored by the International Labour Organisation and The Institute for Human Development (IHD), Nageswaran questioned the government's role in tackling unemployment beyond increasing its own workforce. He highlighted the importance of the private sector in job creation and outlined government initiatives like skill development and the National Education Policy of 2020, emphasizing the need to shield them from political influence. Nageswaran also mentioned corporate tax breaks and subsidies aimed at promoting employment over capital accumulation. Drawing parallels with a satirical film from the 1970s, he questioned whether governments globally were inadvertently discouraging work through welfare policies meant to alleviate the consequences of unemployment, potentially disrupting the labor market. He highlighted the unintended consequences of public policy interventions and questioned whether individuals, particularly the youth, were sufficiently motivated to work and equip themselves with the necessary skills.

In this episode of 'Editorial', Mr. Sujit Nair discusses Rekha Patra, who was hailed as "Shakti Swaroopa" by Prime Minister Narendra Modi. Mr. Nair highlights the disparity in treatment between the victims of the Sandeshkhali incident, where women were reportedly sexually harassed by TMC workers, and the women who suffered similar atrocities in Manipur. He points out the political hypocrisy, noting that politicians tend to remain silent when crimes occur in their home state but shift focus to incidents in states governed by opposition parties.

In this episode of 'Editorial,' Mr. Sujit Nair delves into the topic of companies purchasing electoral bonds after the scrutiny from enforcement agencies. Out of the 26 companies under investigation, 16 made political donations through bonds only after being targeted by these agencies, while another six increased their donations following agency crackdowns. A review by The Indian Express uncovered that the BJP received 37.34% of the bonds purchased by these companies, followed by other ruling parties like TMC (18.29%), DMK (11.35%), BJD (4.48%), and BRS (8.59%). The Congress, governing in three states, received 11.97%. Between April 2019 and February 2024, these companies bought Rs 700.65 crore in bonds before facing agency actions and Rs 4,479.6 crore after. Ten companies donated over Rs 100 crore each. For instance, Future Gaming, headed by ""lottery king"" Santiago Martin, abstained from purchasing electoral bonds until a year after facing an ED probe on alleged money laundering charges. Subsequently, the Coimbatore-based company donated bonds worth Rs 503 crore to the DMK and Rs 542 crore to the ruling TMC in West Bengal, while allocating Rs 100 crore to the BJP.

In an episode of "Editorial," Mr. Sujit Nair discusses the alarming state of Indian politics, where dissenting voices are being silenced through imprisonment. Mr. Nair cites examples such as the arrest of Delhi CM Arvind Kejriwal just before the Lok Sabha elections and the arrest of K. Kavitha, daughter of former Telangana CM K. Chandrashekhar Rao. He also mentions the recent raid by the CBI on the residence of outspoken former Lok Sabha MP from West Bengal, Mahua Moitra. Mr. Nair concludes by posing the question: Have we lost our India? 

In this edition of "Editorial," Mr. Sujit Nair examines how the BJP has emerged as the primary beneficiary of political funding, including electoral bonds & electoral trusts. Out of the total of Rs 16,492 crore obtained through bonds, the BJP received Rs 8,252 crore, surpassing the funding received by over 20 other parties combined. Additionally, parties have garnered funds from electoral trusts, which have significant corporate donors. Combining funds from electoral bonds, trusts, and other donations declared in audit reports over a six-year period from 2018 to 2023, the BJP's total funding reached Rs 12,930 crore, solidifying its lead over other political parties. 

In this episode of 'Editorial', Mr. Sujit Nair discusses Chief Justice of India DY Chandrachud's comments regarding Tamil Nadu Governor RN Ravi's actions. The Supreme Court expressed dissatisfaction with Governor Ravi for refusing to reinstate MLA K Ponmudi as a Minister despite his conviction being suspended by the Supreme Court. CJI Chandrachud said, “""Mr Attorney General, what is your Governor doing? The conviction has been stayed by the Supreme Court and the Governor says he won't swear him in! We will have to make some serious observations. Please tell your governor, we are going to take a serious view of it. How can the Governor say that, after the Supreme Court stayed his conviction, his reinduction as a Minister will be against Constitutional Morality?, The bench comprising CJI DY Chandrachud, Justice JB Pardiwala and Manoj Misra was hearing an application filed by the Tamil Nadu Government seeking a direction to the Governor to accept the recommendation made by the Chief Minister to reappoint Ponmudi as Minister. 

In this episode of 'Editorial,' Mr. Sujit Nair delves into the recent disclosures made by the Election Commission of India regarding Electoral Bonds. According to a report from The Hindu, a significant number of newly established companies, specifically 43 firms incorporated in 2018 or later, have acquired electoral bonds totaling over Rs 384.5 crore. Among these, four companies established in Hyderabad in 2023 purchased bonds worth substantial amounts shortly after their inception. Additionally, nine companies formed in 2020 and eleven in 2021, amid the pandemic, collectively purchased bonds worth nearly Rs 100 crore within one or two years of their establishment. The company details and incorporation dates are sourced from the Ministry of Corporate Affairs' database, where the names of bond-purchasing firms were cross-referenced to identify newly established entities. 

In a recent episode of 'Editorial', Mr. Sujit Nair raised concerns regarding the transparency of data related to Electoral Bonds sold by the State Bank of India (SBI). Following a Supreme Court ruling on February 15, which deemed the electoral bond scheme unconstitutional, the SBI was instructed to provide detailed information on the bonds to the Election Commission by March 6. The SBI had been selling these bonds in 30 phases since March 1, 2018. However, in a plea submitted to the court on March 4 seeking an extension, they only accounted for bonds sold in 22 phases from April 2019 onwards. Initially, they stated that 22,217 electoral bonds were used for political donations between April 12, 2019, and February 15, 2024. Later, they admitted to an error, clarifying that only 18,871 bonds were sold during that period. An additional 3,346 bonds were sold between April 1 and April 11, 2019, as indicated in a table within the compliance affidavit submitted on March 12. The SBI referenced the Supreme Court's February 2024 judgement, which instructed them to disclose details of electoral bonds purchased since April 12, 2019. However, it seems there was a misunderstanding, as the court likely intended to request data beyond what had already been submitted in a sealed cover. This confusion resulted in a gap in the data, with some information disclosed but other parts remaining undisclosed. The sealed cover data includes information on bonds issued in ten phases between March 1, 2018, and May 15, 2019, totaling 11,681 bonds. Of these, data for 2,522 bonds issued between April 12 and May 15, 2019, has been revealed. However, information for the remaining 9,159 bonds issued between March 1, 2018, and April 12, 2019, totaling Rs 4,002 crore, is still missing. Despite a Supreme Court order on March 11 instructing the Election Commission to publish the details of the information supplied to the court, including the sealed cover data, on its official website, this information has yet to be released. 

In this episode of 'Editorial', Mr. Sujit Nair discusses the Supreme Court's recent action towards the State Bank of India (SBI) regarding the disclosure of Unique Serial Numbers on electoral bonds. The Supreme Court of India has reprimanded the SBI for failing to share the unique serial numbers assigned to electoral bonds, the data of which was recently made public. A five-judge Constitution bench comprising Chief Justice of India DY Chandrachud and Justices Sanjiv Khanna, BR Gavai, JB Pardiwala, and Manoj Misra expressed dissatisfaction with the SBI's compliance with its previous order issued on March 11, directing the bank to disclose all information related to Electoral Bonds. The apex court observed that the SBI did not reveal the distinctive alphanumeric numbers associated with each electoral bond. Consequently, it issued a notice to the SBI, demanding a response by March 18. The Supreme Court reiterated that its earlier judgment by a five-judge Constitution bench mandated the disclosure of all electoral bond details, including the purchase date, purchaser's name, and the bond denomination. 

In this episode of ""Editorial,"" Mr. Sujit Nair discusses the Maharashtra State Bank Employees Federation's call for the resignation of SBI Chairman Dinesh Khera. The federation is demanding Khera's resignation due to his submission to the Supreme Court requesting an extension until June 2024 to provide information on electoral bonds, citing the time-consuming nature of the process. According to the federation, Khera's actions have tarnished the reputation of the bank, especially in light of the Supreme Court's remarks on the matter, despite Khera receiving an extension just before his retirement. “This has resulted in damage to the image of the bank and has shaken the credibility of the bank on transparency and corporate governance and thus SBI Chairman should step down,” said Devidas Tuljapurkar, General Secretary, Maharashtra State Bank Employees Federation. “It is not known as to whether he has taken this position at his own or has taken the board of Directors into confidence wherein government & RBI nominee also should clarify their position on record,” he said. 

In the latest "Editorial" episode, Mr. Sujit Nair delves into the letter penned by Adish Aggarwala, the President of the Supreme Court Bar Association, addressed to President Droupadi Murmu. Aggarwala urges a pause in enforcing the Supreme Court's recent ruling against the electoral bonds scheme. He calls for a presidential reference to reconsider the matter for the sake of fairness to Parliament, political parties, corporations, and the public. This request was rejected outright during a recent five-judge bench session. The court maintained that the State Bank of India possessed adequate information to comply with the directive for disclosure, ordering the bank to reveal necessary details by the end of the day, thereby enabling the Election Commission of India to disclose the information by March 15th. 

In this episode of 'Editorial,' Mr. Sujit Nair delves into the resignation of Election Commissioner Arun Goel just ahead of the Lok Sabha elections. Following the Union law ministry's announcement of Goel's resignation, Election Commission officials found themselves puzzled, especially considering the remaining three years of Goel's tenure and the expected elevation to the position of Chief Election Commissioner (CEC) in 2025. According to information obtained from five officials interviewed by HT, it became apparent that Goel and CEC Rajiv Kumar had experienced differences, ranging from routine matters to more complex issues. However, these disagreements failed to provide a clear explanation for Goel's sudden decision to resign. Notably, a significant point of contention between them was the Election Commission's order on February 17, 2023, regarding the allocation of the Shiv Sena's party name and poll symbol to the Eknath Shinde faction based on legislative majority, as disclosed by four officials to HT. 

In this edition of "Editorial," Mr. Sujit Nair addresses the issue of the notably low conviction rates in 'Crimes against Foreigners' in India. The discussion centers on a recent gang-rape incident involving a Spanish woman in Jharkhand, shedding light on the overall decline in conviction rates for crimes against foreigners in the country. Statistical data reveals that a majority of such crimes rarely proceed to court, and convictions are even more infrequent. Over the seven-year period from 2016 to 2022, India recorded 148 rape cases involving foreign victims, but only 16 of these cases were resolved by the courts. Resolution encompasses various outcomes such as convictions, discharges, acquittals, or other actions taken by the court. Out of these 16 cases, a mere seven resulted in convictions, illustrating that approximately one in every 20 reported rape cases involving foreign victims leads to a conviction. It's important to note that these seven convictions may have originated from cases filed well before 2016. Examining the reported cases and achieved convictions over a specific timeframe, in this instance, seven years, provides insight into the number of cases reported to the police and the subsequent conviction rates. 

In this edition of 'Editorial,' Mr. Sujit Nair delves into the mood of Indian voters leading up to the 2024 Lok Sabha elections. Urban Indians exhibit a keen interest in participating in the imminent Lok Sabha polls but harbor pessimism regarding critical issues, notably citing unemployment as their primary concern. The government's Covid-19 vaccination drive is perceived as a significant accomplishment. According to the latest YouGov-Mint-CPR Millennial Survey conducted in December, a noteworthy 79% of urban Indians express their intention to vote in the upcoming elections. However, the survey findings reveal subdued expectations among respondents. Only 31% anticipate an improvement in communal relations over the next five years, while merely 38% foresee a reduction in poverty levels. Additionally, 43% express optimism about improved job prospects for young Indians by 2029. Notably, respondents who identified as Muslim (constituting 12% of the sample) were more inclined to predict enhanced communal relations within five years (42%) compared to Hindu respondents (31%). The survey also sought opinions on the current government's accomplishments, with India's Covid-19 vaccination drive emerging as the most recognized achievement. Among the respondents, 43% ranked the vaccination drive among the top three achievements from a list that could be perceived positively by supporters of the ruling party. 

In this edition of 'Editorial,' Mr. Sujit Nair addresses the State Bank of India's application filed in the Supreme Court, requesting an extension until June 30, 2024, to provide electoral bonds information to the Election Commission of India. According to a Constitutional Bench's ruling on February 15, the SBI is obligated to submit the information to the ECI by March 6. The application outlines that between April 12, 2019, and February 15, 2024, a total of 22,217 electoral bonds were issued for donations to various parties. Redeemed bonds were submitted to the Mumbai Main Branch by Authorized Branches in sealed envelopes after each phase. The SBI highlights the existence of two separate information sources, necessitating the decoding, compilation, and comparison of 44,434 information sets. The SBI argues that the three-week timeline set by the Supreme Court would not be adequate for completing the entire process. 

In this Editorial episode, Mr. Sujit Nair discusses a significant ruling by a 7-judge bench of the Supreme Court, overturning the 1998 PV Narasimha Rao judgment. The previous verdict allowed Members of Parliament and legislative assemblies to claim immunity under Articles 105(2) and 194(2) of the Constitution for receiving bribes in anticipation of a vote or speech in the legislature. The latest decision, delivered by Chief Justice of India DY Chandrachud and Justices AS Bopanna, MM Sundresh, PS Narasimha, JB Pardiwala, Sanjay Kumar, and Manoj Misra, sets aside the earlier ruling. In the 1998 case, a five-judge bench had ruled, with a 3:2 majority, that legislators were immune from prosecution in bribery cases related to their parliamentary duties. This decision was challenged in an appeal by Jharkhand Mukti Morcha leader Sita Soren, accused of accepting a bribe for a 2012 Rajya Sabha vote. The Jharkhand High Court rejected her plea, leading to the Supreme Court challenge. After a two-day hearing, the seven-judge bench reserved its verdict in October of the previous year. Today, the constitution bench held that a member of parliament or the state legislature cannot claim immunity from prosecution on charge of bribery in a criminal court by virtue of Articles 105(2) and 194(2) of the Constitution, observing - ""We disagree with and overrule the judgment of the majority on this aspect. We have concluded that first, the doctrine of stare decisis is not an inflexible rule of law. A larger bench of this court may reconsider a previous decision in appropriate cases bearing in mind the tests which have been formulated by this court. The judgment in PV Narasihma Rao which grants immunity from prosecution to a member of a legislature who has allegedly engaged in bribery for casting a vote or making a speech has wide ramifications on public interest, probity in public life, and parliamentary democracy. There is a grave danger of this court allowing the error to be perpetuated if the decision were not reconsidered.

In this edition of 'Editorial,' Mr. Sujit Nair delves into the ongoing turmoil in Manipur and the prevailing unrest in Sandeshkhali, West Bengal. Emphasizing the subpar quality of governance in these two Indian states—one governed by the BJP and the other by the All India Trinamool Congress—Mr. Nair concludes by asserting that the electorate in India faces a limited array of choices when it comes to political parties. He argues that the existing political entities are seemingly incapable of providing effective governance to the Indian populace. This viewpoint suggests a broader concern about the perceived inadequacies in the political landscape, urging the need for more viable alternatives for the citizens to consider during elections. 

In this edition of 'Editorial,' Mr. Sujit Nair discusses the declining employment opportunities in the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA). Over the past three years since the onset of the pandemic, there has been a consistent decrease in the amount of work provided by the rural jobs guarantee program, dropping from 38.9 million person days in 2020-21 to 28 million in the current financial year, as per data from the rural development ministry. Concurrently, the number of households receiving the full 100 days of work in a financial year has plummeted by a staggering 61%. In the crucial year of 2020-21, when the employment scheme was vital for numerous workers, 7.19 million households achieved 100 days of work, according to ministry data. However, in the current financial year of 2023-24, only 2.75 million households have been able to meet the legally mandated full quota. 

In this episode of ‘Editorial’, Mr. Sujit Nair discusses about the prevalent income inequality in India where Mr. Nair refers to a report by Goldman Sachs titled ‘The Rise Of Affluent India’. The report says 49.7% of India’s working population earns less than ₹ 1.25 lakhs annually while only 4.1% earns more than ₹ 8.3 lakh annually. The report further says that the working group that earns less than ₹ 1.25 lakhs annually, their income growth has been reduced to -2.5% while the age group that earns more than ₹ 8.3 lakhs, their income growth has increased by 12.6%.