Turning Points: A Journey Through Challenges Page 3

  I have always believed that cowards never make history, history is created by people with courage and wisdom. Courage is individual, wisdom comes with experience.

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  THE INTERACTIVE PRESIDENT

  Empowerment comes from within

  Nobody else can give it, except the Almighty.

  The presidency was a challenge for me. It became a platform to launch India 2020, which I believe can only be achieved by the participation of all citizens including elected representatives all the way up to Parliament, administrators, artists and writers, and the youth of the country. The best way to convince others of the relevance of this mission is through face-to-face discussion, which will also help in the assimilation of others’ views and thinking.

  The presidency provided me with this opportunity. I could communicate directly with people across the social spectrum, particularly the youth and the political leaders, regarding the importance of having a vision for the nation that should be translated into action.

  This gave my role as president an additional purpose. In respect of the constitutional role, the president has to ensure that the every action of the government and the legislatures is in line with the spirit of the Indian Constitution. Every action that the government takes is in the name of the president of India. The Bills and ordinances passed by Parliament and the government come to the president for assent and he has to ensure that these instruments are for the larger benefit of society. He also has to see that they do not set a precedent for taking an action that is biased. I will not dwell at length on the established principles and practices of the institution of president. However, besides those set by the Constitution, tradition and precedent, I felt that the role offers much more than merely that of the titular head of government.

  There is scope for action on many fronts, whether it is on the development front as a catalyst for achievement by communicating with different sections of the society; politically, as he has to personally assess the strength of the party or alliance in power, so that they do not take decisions when they do not have adequate numbers; providing sagacious advice to governors and learning about the functioning of their states; and as supreme commander of the armed forces inspire them to exemplary performance.

  In addition, as head of state he is the focus of people’s attention. My purpose was to make Rashtrapati Bhavan much more accessible to the people and use it for reaching out to them. It was my way of making them feel a part of the growth and prosperity of the nation and give them a stake in its governance. Thus, from being president I went to being part of people’s lives, and the institution became a much more interactive one.

  One of the first things I did at Rashtrapati Bhavan was to initiate e-governance. There were computers in use but I felt that the process needed to be taken much further. We implemented a system whereby all the files, documents, and letters which arrived at the President’s Secretariat would first get digitized and bar coded. The paper files would then be archived. From then on the file moved only electronically to various officers, directors, secretaries to the government, and to the president, according to the importance of the file.

  My dream was to have a system whereby Rashtrapati Bhavan was connected to the Prime Minister’s Office, governors’ offices and ministries over a secured messaging network with digital signature thus enabling G2G e-governance operations. We had tested the system and it was ready for implementation. One day I hope my dream comes true. When we implemented e-governance across nine sections of the President’s Secretariat, we checked if it had helped effectiveness. Normally, when the petitions from the citizens reached the Public-1 Section, for twenty petitions to get a decision, it used to take seven days, but after the implementation of e-governance it took only five hours to clear forty petitions. I hope one can see such systems in many more state and central government offices.

  One of the important events in the early days of my presidency was inviting members of Parliament from the states and union territories for a series of breakfast meetings at Rashtrapati Bhavan, so that I could get first-hand knowledge about the status of development there. These meetings were held during a period of about three months in 2003 – from 11 March to 6 May. They made a lasting impression on my mind.

  The objective of each of these meetings was well laid out and my team and I spent several weeks preparing for them. We conducted research on the competencies and development requirements of each state. The required information was collected from the Planning Commission, government departments – both central and state – national and international assessments of the state and other relevant documents.

  The data was analysed and put in a presentable form using graphics and multimedia. At the meetings, PowerPoint presentations were made to the MPs with an emphasis on three areas: 1) the vision for a developed India; 2) the heritage of the particular states or union territory; and 3) their core competencies. The objective was to stress the point that to achieve the development of the nation, it was vital to achieve the development of each of these areas.

  Hence a fourth aspect was also prepared – selected development indicators for each of them. And what an enrichment I got by way of preparation and by the contributions of the members of Parliament, who hailed from all parties. Meeting them helped me to understand the richness of the diverse parts of the country.

  The first meeting was of parliamentarians from Bihar. I was encouraged by the enthusiasm of the members for the content of the presentation, which covered the national development profile in relation to that of Bihar, the state’s core competencies and how to take the state to a developed status. The parliamentarians felt that the meeting was too short. While we increased the breakfast meeting time from 60 to 90 minutes, we had the pleasant experience that even after the meeting concluded, and after all the question-and-answer sessions, many members continued to show an interest in the presentation about their state. The meetings were put on record in a document as well.

  Personally, I relished every moment of these meetings. They were a real education for me on the needs of each region. The preparations were complemented by field-level inputs from the MPs. Many of the members also told me that such comprehensive preparation was useful for them. As a matter of fact, these details and discussions continued to be a major communication bond between the MPs and myself throughout my presidency and beyond. Even now, when I meet them, development becomes a basis for conversation and discussion.

  The evolution of India 2020 with inputs from many experts led me to focus on different aspects of societal transformation. The details of the states as discussed in the breakfast meetings gave me further assurance on the path to be followed for progress. The MPs gave me many useful ideas. I spoke at least nine times on the 2020 India vision in Parliament and addressed twelve state assemblies on the path to prosperity for a particular state. The type of questions and suggestions I received at the breakfast meetings paved the way to incorporate possible requirements for the state’s development such as waterways, employment generation, activating public health centres, improving the connectivity of rural areas and enriching the education system in my database. This database, consisting of what I had presented to the MPs, became a reference tool to illustrate how India 2020 can be achieved when I addressed the national and state chambers of commerce and industry, management associations and technical institutions. Later, as a logical process, the ten pillars of development were evolved as a part of the vision. Today I address professionals, business leaders and researchers on how they can contribute with innovative ideas to achieve these ten pillars.

  These are as follows:

  1) A nation where the rural and urban divide has reduced to a thin line.

  2) A nation where there is equitable distribution and adequate access to energy and quality water.

  3) A nation where agriculture, industry and the service sector work together in symphony.

  4) A nation where education with value system is not d
enied to any meritorious candidates because of societal or economic discrimination.

  5) A nation which is the best destination for the most talented scholars, scientists, and investors.

  6) A nation where the best of health care is available to all.

  7) A nation where the governance is responsive, transparent and corruption free.

  8) A nation where poverty has been totally eradicated, illiteracy removed and crimes against women and children are absent and none in the society feels alienated.

  9) A nation that is prosperous, healthy, secure, peaceful and happy and follows a sustainable growth path.

  10) A nation that is one of the best places to live in and is proud of its leadership.

  The breakfast meetings also brought out how the leaders of the country could discuss development in a non-partisan manner. Rashtrapati Bhavan is indeed the only place where party differences disappear and the nation was seen as an integrated whole by every member of Parliament.

  Apart from my meetings with MPs in Rashtrapati Bhavan, I had the opportunity to address the two Houses more than ten times.

  The addresses are solemn occasions and I was heard in pindrop silence each time in the overflowing Central Hall. I had two types of interactions with Parliament. One was fully government-driven, for example the five budget speeches I gave, and the other was driven by my thoughts and ideas. Even in the government presentations, I would include certain thoughts that I wanted to discuss. Both Vajpayee and Dr Singh included my suggestions.

  I used this forum to impress upon the parliamentarians their roles and responsibilities towards the nation. While addressing the parliamentarians in 2007 during a commemorative function to celebrate the 150th anniversary of our independence movement, I conveyed a message that brings out the responsibilities of MPs to their respective constituencies, to their state and to the nation. I said: ‘Our movement to true freedom and independence is still incomplete; our story is still unfolding … The time has now arrived for Parliament and legislative assemblies to emerge with a new vision and leadership to make our nation not only enlightened, united, harmonious, rich and prosperous, but above all, a safe nation, invulnerable forever to invasion and infiltration across its borders …

  The national leadership has to radiate confidence in our people and boldly emerge by formulating and implementing new national missions, targeting specific time-bound goals. India can be rightly proud of its many achievements in the economic, social and political fields over the past sixty years. But we cannot afford to rest content with past achievements and ignore recent developments that call for a change in technology, industry and agriculture. Many challenges need to be responded to: the emergence of multiparty coalitions as a regular form of government that need to rapidly evolve as a stable, two-party system; the need to strengthen internal security to cope with global terrorism and new forms of internal law and order problems; the widening of economic disparities during a period of high growth in the absence of a comprehensive National Prosperity Index in place of GDP alone; the rapid depletion of global fossil fuel reserves to be tackled by an energy independence programme; and increasing threats to our territorial security by the development of new forms of warfare …

  I also said: When I see you, honourable members of Parliament, particularly young members, I see in you the eternal spirit of Mahatma Gandhi, Dr Rajendra Prasad, Pandit Jawaharlal Nehru, Sardar Patel, Subhash Chandra Bose, Dr Ambedkar, Abul Kalam Azad, Rajaji and many great visionary leaders of our nation. Can you also become visionary leaders, putting the nation above yourself? Can you become one of the great ones of India? Yes, you can. You can, if you enliven the Parliament with leadership for the great mission of transforming India into an economically prosperous, happy, strong and safe nation before 2020. For that to happen, honourable members, you have to have a big aim and work for the nation in the Parliament and outside. History will remember you for launching a great, bold and swift mission for the nation, a notable departure from small and fragmented actions.

  While I was constantly engaged in working with elected members of the state assemblies and Parliament towards realizing the vision of India 2020, it was also important for me to utilize the office of governor – another important constitutional post – to work towards the same goal. In this respect, the governors’ conferences held in Rashtrapati Bhavan during 2003 and 2005 become very important.

  The 2003 conference was conducted against the backdrop of Prime Minister Vajpayee’s commitment to ensure that India became a developed nation by 2020, as outlined in his Red Fort address the previous year and in Parliament. At the 2005 governors’ conference, Prime Minister Manmohan Singh confirmed his government’s commitment to the task of leading India to the same objective.

  The impressive speeches at conferences get forgotten. However I placed great value on what was said, and continue to remember it as showing a serious commitment to faster development. Vajpayee stated that every part of the administrative system must recognize the need for development and further this cause, which would enable an earlier realization of our goals. This was something I could appreciate, having seen the difficulties that arise in motivating different departments to work for a combined purpose. The participating governors took the opportunity to speak their minds in an uninhibited fashion. Overall, an environment was created in which every participant could discuss problems and their solutions.

  During the 2005 conference, Dr Manmohan Singh was accompanied by all his Cabinet members for a detailed discussion on the issues of education, terrorism, disaster management and implementation of Value Added Taxation based on the agenda structured by the President’s Office. Appreciating the contribution made by the governors in many areas of management development, the prime minister gave his assurance that he and his colleagues would also make every effort, guided by the inspiration provided by the president. I mention this to show how the President’s Office became a very effective platform for my pet project.

  The court cases pending in trial courts, high courts and the Supreme Court run into astonishing numbers in India. Even allowing for new cases that keep being filed, the count runs into the millions. For those involved in litigation, there is a huge cost in time, money and suffering.

  In 2005, I had an opportunity to address the All India Seminar on Judicial Reforms with Special Reference to Arrears of Court Cases, where I talked about the evolution of a National Litigation Pendency Clearance Mission. I analysed the causes of delay in delivering justice, which are: 1) an inadequate number of courts; 2) an inadequate number of judicial officers; 3) the judicial officers are not fully equipped to tackle cases involving specialized knowledge; 4) the dilatory tactics followed by the litigants and their lawyers who seek frequent adjournments and delays in filing documents; and 5) the role of the administrative staff of the court.

  Based on my analysis, I suggested encouraging dispute resolution through the human touch; reinforcing the Lok Adalats; creating a National Litigation Pendency Clearance Mission; ensuring alternative dispute redressal mechanisms such as arbitration; and providing fast-track courts.

  I also suggested several actions with particular reference to pendency in the high courts. These included the classification of cases on the basis of an age analysis, that is, identifying cases that are redundant because the subsequent generations are not interested in pursuing them.

  Primary among my recommendations was the e-judiciary initiative. As part of this, I recommended computerization of the active case files, taking into account the age analysis, which will surely reduce the number of cases that are still pending. We needed a database that would track a case from the time it was registered till it was settled with a judgement. This electronic tracking would enable easy search, retrieval, grouping, information processing, judicial record processing and disposal of the cases in a transparent manner, and make the process quicker. The complainant can find out at any time at what stage the case is, in what court a hearing will be held
and when, and which issues will be dealt with by the court, enabling him to be fully prepared for the case. Apart from bringing in total transparency, the judges would also be able to track the progress of the case, the number of adjournments that had been sought, whether the grounds for these were trivial or serious and other such information that would help in the delivery of justice.

  Additionally, videoconferencing could be used in a big way. This would save an enormous amount of expenditure and the unnecessary movement of police personnel accompanying those under trial.

  Videoconferencing is also very useful in cases where a number of individuals are accused. The witness identification and crime reconstruction areas have also immensely benefited from the use of ICT (Information and Communication Technology).

  Many countries, for example Singapore and Australia, have also been experimenting with Internet Courts and a legal consultation service that can advise potential litigants about the legal correctness of the case that he or she wishes to pursue. In all cases, the ICT had been useful in speedy redressal of the cases as well as in avoiding fraudulent cases. This in effect would contribute to speeding up our justice delivery system.

  Finally, I gave the following nine suggestions, which will enable our judicial system to administer timely justice to our citizens.

  1) Judges and members of the bar should consider how to limit the number of adjournments being sought.

  2) E-judiciary must be implemented in our courts.

  3) Cases should be classified and grouped according to their facts and relevant laws.

  4) Experts in specialized branches of law such as military law, service matters, taxation and cyber law should be appointed as judges.