Freedom First

Summary

This is issue No. 376 of Freedom First (June 1984, Rs. 2, 32nd year of publication), edited by K. S. Venkateswaran and founded by M. R. Masani. The issue’s lead piece reports on a Freedom First Foundation workshop, “How Businessmen Can Enrich Public Life,” held in Bombay on April 24, 1984, with panelists N. A. Palkhivala, Viren Shah, M. R. Pai, and Minoo Masani arguing that businessmen have civic obligations beyond profit-making. K. S. Venkateswaran contributes a piece on threats to judicial independence (low judicial salaries, the “committed judiciary” doctrine, and mass transfers of judges). Minoo Masani’s regular column “As I See It” criticizes Tiny Rowland’s interference with the Observer’s editorial independence over its Zimbabwe/Matabeleland reporting, and separately dismisses E. M. S. Namboodiripad’s defence of the Communist Party’s wartime volte-face on World War II. The issue carries book reviews (Sir John Kerr’s Australian constitutional-crisis memoir Matters for Judgement, reviewed by Komala Sarathy; Nani Palkhivala’s We, The People, reviewed by Venkateswaran) plus shorter notices on books about Delhi, Indian constitutional history, and press law. Regular features round out the issue: a “Cultural Roundabout” theatre column and a “With Many Voices” page of quoted press excerpts.

Essays

”Can Businessmen Enrich Public Life”?

By S. V. Raju

S. V. Raju reports on a Freedom First Foundation workshop titled “How Businessmen Can Enrich Public Life,” held in Bombay on April 24, 1984, attended by over seventy businessmen, industrialists, professionals and executives. Four panelists addressed different angles: N. A. Palkhivala argued businessmen have obligations to preserve the environment, serve the community, and participate in public life, and lamented that Indian businessmen court politicians rather than the reverse. Viren Shah spoke on “Parliament and Parties,” arguing businessmen must be better informed on public affairs and address their poor public image through substance rather than PR. M. R. Pai addressed businessmen’s underuse of the press as a tool for public communication. Minoo Masani, addressing “Active Citizenship,” blamed India’s stagnation on excessive taxation and controls, invoked the 1965 Delhi Declaration on the Social Responsibilities of Business, and called for a bold business policy alongside a counter-offensive against politicians.

• Workshop organised by the Freedom First Foundation in Bombay on April 24, 1984, drew over 70 businessmen and professionals.
• Panelists: N. A. Palkhivala, Viren Shah, M. R. Pai, and Minoo Masani.
• Palkhivala listed three businessman obligations: environment, community, participation in public life; criticized businessmen currying favour with politicians instead of the reverse.
• Viren Shah argued businessmen’s poor public image cannot be fixed by PR alone, only by substantive change in behaviour.
• M. R. Pai discussed businessmen’s failure to use the press effectively, noting a demographic shift toward younger journalists.
• Minoo Masani attributed India’s economic stagnation to excessive taxation, controls, and concentration of power, and called for a two-pronged business strategy: bold policy plus counter-offensive against politicians.
• Masani cited the 1965 Delhi Declaration on the Social Responsibilities of Business as a benchmark businessmen have not lived up to.

Whither Judicial Independence?

By K. S. Venkateswaran

K. S. Venkateswaran examines threats to judicial independence in India, prompted by a speech given by Supreme Court Justice V. D. Tulzapurkar at Rajahmundry. Tulzapurkar identified low judicial salaries (frozen since 1950 in real terms) as the first disincentive to attracting quality judges, contrasting Indian judicial pay unfavourably with England and Singapore. The piece then discusses the “committed judiciary” doctrine first articulated by Mohan Kumaramangalam in 1973, which Tulzapurkar says has been followed “with a vengeance,” and criticizes the government’s practice of transferring High Court judges en masse under the guise of public interest. Venkateswaran closes by contrasting Kerr’s willingness (per the Book Reviews piece on the same page) to exercise reserve powers against a sitting government with the pliancy of Indian presidents, citing President Fakhruddin Ali Ahmed’s rubber-stamping of the 1975 Emergency.

• Prompted by Justice V. D. Tulzapurkar’s speech at Rajahmundry on threats to judicial independence.
• Judicial salaries were reduced when the Constitution came into force and have remained frozen at 1950 levels; contrasted with much higher UK and Singapore judicial pay.
• Discusses the ‘committed judiciary’ concept originated by Mohan Kumaramangalam in 1973 and its continued influence on judicial appointments.
• Criticizes the Government’s policy of transferring High Court judges en masse, allegedly to sideline judges who ruled against it.
• Draws a parallel to President Fakhruddin Ali Ahmed’s compliance during the 1975 Emergency as an example of a ‘rubber-stamp’ constitutional office-holder.

As I See It

By Minoo Masani

In his regular column “As I See It,” Minoo Masani criticizes Tiny Rowland, chairman of Lonhro and of the Observer’s board, for interfering with the paper’s editorial independence after it reported on Zimbabwean government atrocities against Ndebele supporters of Joshua Nkomo in Matabeleland. Rowland wrote an apologetic letter to Robert Mugabe and an offensive letter to editor Donald Trelford, then withdrew Lonhro advertising in retaliation, before backing down after the Observer’s independent directors censured him. Masani argues that press freedom principles do not bend based on whether the offending power is a Third World government or a former colonial one. In a second item, Masani mocks E. M. S. Namboodiripad’s defence of the Communist Party of India’s 1941 reversal from calling World War II an ‘Imperialist War’ to a ‘People’s War’ once the Soviet Union was attacked, noting Namboodiripad has never addressed Arun Shourie’s documented charges of wartime treachery against Indian nationalism.

• Tiny Rowland (Lonhro, chairman of the Observer) tried to suppress Observer reporting on Zimbabwean government violence in Matabeleland against Joshua Nkomo’s supporters.
• Rowland wrote a servile apology to Mugabe and an offensive letter to editor Donald Trelford, then withdrew advertising as retaliation before backing down.
• The Observer’s independent directors censured Rowland for breaching a 1981 agreement on editorial independence.
• Masani argues morality on press freedom is not determined by whether the offending regime is Third World or former colonial power.
• Masani separately criticizes E. M. S. Namboodiripad for defending the Communist Party of India’s 1941 shift from opposing WWII as an ‘Imperialist War’ to supporting it as a ‘People’s War,’ timed to Moscow’s own reversal after Germany invaded the USSR.
• Masani references Jayaprakash Narayan’s 1941 book Socialist Unity and the Congress Socialist Party, which credited Masani as first to expose the Communists’ ‘game of disruption and capture.‘

Book Reviews: Matters for Judgement: An Autobiography by Sir John Kerr

By Komala Sarathy

A book review section covering two titles. The first review (unsigned, continuing to page 9 and signed ‘Komala Sarathy’) covers Sir John Kerr’s 1978 autobiography Matters for Judgement, recounting Kerr’s 1975 use of reserve powers as Australian Governor-General to dismiss PM Gough Whitlam’s government amid a supply crisis, and comparing this to India’s pliant presidency during the 1975 Emergency. The second review, by K. S. Venkateswaran, covers Nani Palkhivala’s 1984 anthology We, The People, praising Palkhivala’s decades-long public education campaign while criticizing readers’ indifference and noting one striking omission: the volume lacks any account of Palkhivala’s reasoning for accepting Mrs. Gandhi’s brief in her 1975 election appeal.

• Review of Sir John Kerr’s Matters for Judgement (Macmillan, 1978) recounts the 1975 Australian constitutional crisis, in which PM Whitlam refused to resign after the Senate blocked supply.
• Kerr used reserve powers to dismiss Whitlam and appoint Malcolm Fraser as caretaker PM, who then secured supply and called an election.
• The review draws a direct comparison to India in 1975, arguing an Indian President would not have acted as Kerr did, contrasting with Fakhruddin Ali Ahmed’s compliance during the Emergency.
• Second review (Venkateswaran) covers Palkhivala’s We, The People, an anthology of his writings/speeches over three decades organised into four sections.
• Venkateswaran praises Palkhivala’s prose and analytical clarity but faults readers’ civic indifference for the limited impact of his public campaigns.
• The review notes a significant omission: no explanation from Palkhivala on why he accepted Mrs. Gandhi’s brief in her 1975 Allahabad High Court appeal.

Book Reviews: We, the People by Nani A. Palkhivala

By K. S. Venkateswaran

An ‘In Brief’ column of short book notices covering Delhi: A Portrait by Khushwant Singh and Raghu Rai (praised for production quality and Raghu Rai’s photography, but criticized as too expensive for wide circulation); Readings in the Constitutional History of India 1757-1947 edited by S. V. Desika Char (praised as an indispensable sourcebook of colonial-era documents); and Introduction to the Constitution of India by Durga Das Basu, 10th edition (criticized as sketchy and pedestrian despite its wide use as a university textbook).

• Delhi: A Portrait (Khushwant Singh text, Raghu Rai photographs) is praised for tasteful production but criticized as too expensive for wide circulation.
• Readings in the Constitutional History of India 1757-1947 (ed. S. V. Desika Char) is called an indispensable sourcebook collating ~400 documents on British colonial governance.
• Durga Das Basu’s Introduction to the Constitution of India (10th edn.) is criticized as sketchy and pedestrian despite claims of wide adoption as a university textbook.

In Brief … (short book notices: Delhi: A Portrait; Readings in the Constitutional History of India; Introduction to the Constitution of India; Second Chamber of Indian Parliament; Law of the Press in India; Books Received)

Continuing book coverage: a review of N. K. Trikha’s Second Chamber of Indian Parliament (on the Rajya Sabha’s utility, drawing on Trikha’s doctoral thesis) and Durga Das Basu’s Law of the Press in India, both broadly favourable. A ‘Books Received’ list follows, noting K. Gupta’s Total Revolution and Prem D. Swami Doss’s Israel As Seen By An Indian.

• N. K. Trikha’s Second Chamber of Indian Parliament, based on his doctoral thesis at Meerut University, concludes the Rajya Sabha has played a useful role and could be made more effective with changes to composition, powers, and procedure.
• Durga Das Basu’s Law of the Press in India is praised as a useful, if not comprehensive, aid for lawyers and journalists, with a large appendix of relevant press legislation.
• Books Received list includes Total Revolution by K. Gupta and Israel As Seen By An Indian by Prem D. Swami Doss.

Cultural Roundabout

By S. I. Clerk

S. I. Clerk’s ‘Cultural Roundabout’ column surveys a month of Marathi, Gujarati, Hindi and English theatre in Bombay and Pune: Vijay Tendulkar’s Ghashiram Kotwal (Theatre Academy Pune, at Tata Theatre), the Gujarati production Channas (inspired by One Flew Over the Cuckoo’s Nest), the Hindi play Adaa staged by Hum Unit, and Bernard Shaw’s Arms and the Man staged by Motley Theatre Unit, featuring Naseeruddin Shah and Sony Razdan.

• Vijay Tendulkar’s Ghashiram Kotwal, presented by Theatre Academy Pune under NCPA aegis, reflects debauchery and corruption under Nana Phadnavis’s regime; directed by Jabbar Patel.
• Channas, a new Gujarati INT production inspired by One Flew Over the Cuckoo’s Nest, exposes inhumane treatment of patients in a mental asylum, starring Paresh Rawal.
• Adaa, Hum Unit’s latest Hindi play adapted from the Italian Filumena by Dr. Sitanshu Yashashchandra, stars Bhakti Barve and Shafi Inamdar.
• Bernard Shaw’s Arms and the Man, staged by Motley Theatre Unit at Tata Theatre, stars Naseeruddin Shah and Sony Razdan.

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