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Milli Gazette Online
The Maudoodi Formula
This is with reference to Syed Shahabuddin’s article entitled "The Maudoodi Formula" (MG, 1-28 Feb. 2005 issue). At the very outset, it is to be understood that the said formula was put up in the pre-Partition political conditions prevailing in the Indian Subcontinent. The political terminology used and the concepts exhorted in the article had specific relevance in the prevailing situation. Hence the significance of the said formula at present lies in analysing, adjusting and utilising in the framework of the Indian Constitution only.
The three formulas published in the October-December 1938 issue of the Tarjuman Al-Qur’an were put forward as per the political solutions of the prevailing conditions. The formulas of Maulana Syed Abul Ala Maudoodi and Dr. Syed Abdul Lateef were put as an alternative to partition whereas the third formula necessitated Partition. This is a very important aspect overlooked by Syed Shahabuddin in his analysis. He has mixed the three formulas and derived a horrible concept of a "Federation with many mini Pakistan".
Maulana Maudoodi’s formula envisaged a united India and only propounded religious and cultural autonomy for different communities inhabitating the country. The Indian National Congress stood for one political nationhood whereas the Muslim League argued for the Two Nation Theory. It may be argued that the Maudoodi formula also envisaged a multi-national concept and his scheme of international federation for the Indian subcontinent too had divisive content. Yet a deep study of the whole series of his articles later published in the books namely "The Issue of Nationality" (Masalay-e Qaumiat) and "The Present Political Struggle and the Muslims’ (3 volumes), it is noted that his concept of nationhood was based on religion or culture and he differed with the modern concept of political nationhood. Yet he also differentiated between the meaning and scope of nationalism and nationality. He was opposed to nationalism and not to nationality, which he described as a natural phenomenon. At the most his concept provides for a cultural nationhood.
Seen in this context the Maudoodi formula would have reconciled between the competing concepts of nationhood put up by the Congressites and the Leaguers! A united India with religious and cultural autonomy for all religious and ethnic communities inhabitating the sub-continent was the theme of Maudoodi’s formula.
The provisions in the Indian Constitution (Fundamental Rights in relation to religion, culture and education and the sixth schedule for cultural autonomy) is a sufficient socio-political ground for working out a ‘Muslim Formula’ for the betterment of the community. There is no need of apprehending ‘mini-Pakistans’ as in the establishment of Muslim Personal Law Courts in the present judicial system, religious instruction in the form of private educational institutions (educational autonomy), reservations in services and govt. educational institutions, proportional representation through electoral reforms and Religious Boards (for Wakf, Hajj and other welfare purposes) to a large extent underlies the crux of the solution of the problem faced by the Muslim community in India. The ‘Maudoodi Formula’ is now a part of our history, yet we can derive a good amount of political vision for our future from it!
ATM Anwar, Hyderabad - 500002
Letter to Bannerji Commission
Now that your honour have acquired an extension for your painstakingly deep investigation, in my humble opinion, it will provide a strong evidence of the motive behind the torching of Sabarmati Express if the telecast of what Narendra Modi had said at that time is reviewed by your honour. Thousands of people had reportedly seen Modi standing on the footboard of the torched compartment and provocatively announcing that it was an attack on karsevaks which would not go unanswered (obviously signalling that the fire consuming a particular community may be freely spread throughout Gujarat)!
S. Akhtar U. Patel, Khanpur Deh-392150
Globalization has finally penetrated India's communal ghettos and driving out its ghosts. For the first time in 57 years of independent India's history of hundreds of thousands of communal riots, in which millions died and not a single perpetrator of the crime had ever reached the portals of justice, a new chapter was opened by the residents of Gulburg Colony, spearheaded by the wife of erstwhile Congress Member of Parliament, Ehsan Jafri, who was murdered among other 38, in the genocidal riots that blackened the name of Gujarat for all times to come. For the first time, culprits and their backers are identified and are being sued for compensation for the crimes. International justice is full of precedents, with claims against individuals, organizations and even nations, for being involved and/participated in wanton murder of innocent civilians. For India, Mrs. Jafri's pioneering brave effort to move in the direction of securing justice for the planned murders of over 2000 innocent Indian citizens by lodging compensation claims of over 70 crores, is a welcome first and should be lauded and supported to help eradicate the cancer of this communal menace that is deeply embedded in the very body politick of the country and has robbed India to achieve its noble constitutional goal of ushering in a democratic and secular society.
Ghulam Muhammed, Mumbai
Muslims constitute 13.4 percent of India’s population. Every eight Indian is a Muslim Today they are not better off than any other socially educationally and economically backward class of citizens and have also been the victim of the gross neglect of the successive governments over the last 56 years.
The census 2001 data and National sample survey reports clearly regard Muslims as a community backward and in dire need of support from the state for alleviation of their deprivation and backwardness. Further Indian constitution in its preamble itself envisages creation of an egalitarian society which should ensure "justice", social, economic and political, to every citizen and by extension to every community-religious ethnic or linguistic. It also speaks of the necessity of securing equality of status and opportunity for every citizen without any distinction of caste or creed. Article 15(4) in fundamental right says that state can make special provisions for the advancement of any socially and economically backward class of citizen.
Therefore, it is the moral responsibility of central and state governments to make judicious use of constitutional provision, and provide reservation for the Muslims who fulfill the scientific criteria of backwardness.
The demand of Muslim reservation must not be approached as a communal issue. It is purely a secular, constitutional and legal battle that needs the support of all secular and broad minded people. Anti Muslim propaganda of communal forces are a part of their hostile reaction against every weaker Indian community. Same as they did against Mandal Commission in 1990.
Professor Bipin Chandra says, "infact there is not a single area of life where Muslims are favoured. Their educational economic and social backwardness has continued as before. Their share in jobs in the bureaucracy, educational institutions, the police and the armed forces, in trade or industry or in employment in the corporate sector, continues to be very low.
For example, the representation of Muslims in the government service is 4.5% in class I, II and 4% percent in class III and IV. Their share of employment in the corporate sector is even lower. In the High Court, out of 310 judges in April 1986, only 14 were Muslims where as in the secretariat service only 1.43 percent of the section officers were Muslims, similarly their enrolment in schools, colleges and universities continues to be very low".
According to Gopal Singh Report (1983) only 3.41% of Engineering students and 3.44% of Medical students were Muslims. 9.44% of the borrowers under bank loan schemes were Muslims, but they accounted for only 3.37% of the loan amount. Infect, in no walk of life do Muslim have a share even equal to their proportion in population. (Communalism p.54).
One more reason behind the opposition to the demand of muslim reservation is given that they had been the rulers of the country for centuries and hence, not the victim of historical oppression and suppression. So they are not eligible for historical comprehension. Is it logical that those were belonging to the religion of the king would make them socially, economically and educationally well off ? Is it not itself a communal prospective?
Nobody will deny that the long journey of India from 1947 towards establishing an egalitarian and non-communal nation, has not been without prejudice and discrimination against muslim community.
Firstly in early years of independence, they were fully declared responsible for the partition of India and looked with suspicion. Then there is a long series of pre-planned violence in whole country and in last decades they have been chief target of communal forces. Their message is demolished and they are butchered generally in the whole country and specially in Maharastra,recently in Gujrat’s genocide. Thousands of muslims were burned to death and their women were raped and their property worth 50 crores was burned to ashes. They are nothing but educationally backward, socially boycotted, politically weak and economically under poor class of citizen.
According to the N. C. Saxena commission report of 1982, Indian muslim are ten percent behind the mainstream from the economic point of view as compared with the members of scheduled caste and scheduled tribes.
It is a fact that the reservation has helped in developing and bringing a backward community in the mainstream of the country. All good and evolving democracies of the world have such a provision. In US it has been the consistent policies of the American dispensation to give reservation to its black American minorities in educational institutions. American Supreme Court upheld the admission of black American boy in the Law Department of Michigan University where he was admitted on a low merit. This resulted in a denial of admission to white Americans at higher merit. Finally Supreme Court decided the admission of black American as valid and constitutional on the grounds of affirmative action. Secular democracy also connotates the equal opportunities and equal participation in the nation building and automatically resulting in the development of the country.
Millat Bedari Muhim Committee (MBMC) believes that without the participation of 13.4% muslim, the development of India is impossible. Therefore some effective form of affirmative is required for the needs of muslim community . In this regard , the accepted criteria could be evolved which could guide the policy. Secondly, there is no denying the fact that muslims are not adequately represented in the government services. The provision of article 16 (4) may be extended to the muslims with the provision of creamy layer annexture system. Exclusion of muslims from the structure of governance is not appropriate for secular policy of the nation.
We request all secular and broad-minded people to support this cause.
Convenor, Millat Bedari Muhim Committee (MBMC)
All anticipations on elections in Bihar, Jharkhand and Haryana have come true with Bihar and Jharkhand heading for a hung assembly while Congress with even massive three-fourth majority in Haryana is faced with problem of too many aspirants for post of Chief Minister! To eliminate unholy bargains for the chair of power, only remedy is for a drastic and practical change in selecting Chief Ministers. Chief Minister must be elected through absolute majority by a secret vote in the assembly on nominations signed by at least one-third MLAs within three days of announcement of election-results making it compulsory for all MLAs to participate in voting to be done electronically. MLAs not casting votes without any valid reasons may not be allowed to take part in proceedings of the House. Such an elected Chief Minister may be removed only by secret vote on a no-confidence motion signed by at least one-third MLAs but with compulsion to name the alternate leader in the same motion.
System will ensure full assembly-terms and a leader which may be commanding confidence and participation of opposition MLAs as well apart from removing all evils like role of money or mussel power in deciding a Chief Minister. System will take best care of Haryana-like situations where rivalry within the majority-party (Congress) may be more crucial for the elected leader than the challenge posed by the Opposition parties!
SUBHASH C. AGRAWAL
Hung Assemblies!! Fiasco in Jharkhand and Goa! Two governors made erroneous decsions. Congress party was cornered. Sonia was branded as a dictator and fascist. Governors had to amend their decisions.Why this is happening? I think there is no written procedure to go about during these difficult times of coalition politics. Let us not go for precedent. Let us have clear procedures. Such rules should be clear and understood by Governors. They should be trained before being sent to States. As far as possible they should be men of eminence in various fields of human endeavour.Then there shall be no problem. No body in that case can play politics.
Bhuta Singh should also be told not to make simlar mistake in Bihar. There also, the position is very delicate.
I feel that we may think of making an alternative method of governance in which proportionate representation shold be given in the cabinet for all parties, in which case all elected members will work for the growth of the state or nation once the election is over. The ecnomomic and other policies should be clearly demarcated and the cabinet has to carry out the given task accordingly.
Dr Aboobakar Thwahir, Mumbai
President APJ Abdul Kalam in his inaugural speech for budget-session of the Parliament has requested parliamentarians not to waste precious time of Parliament. Since experience reveals that our parliamentarians have become immune to such noble advices, only remedy to check such disturbances is to bring activities of elected representatives in respective houses under normal law of land. System will give additional advantages of effectively checking lawless activities including violence usually witnessed in state-assemblies.
Not the population but the policy Growth in population is one of the burning topics of the world today. Many believe that 'population is a hurdle in the way of development'. It is surmised that India cannot progress with its recent thickly populated situation. But, having a glance at the whole world, even at India's inner part, it will be clear as crystal that the fact is something else. India's most populated community is Hindu but they are advanced and successful in every field, education, politics, economy etc. They have a large coverage even in film industry and games. And the minority communities are believed to be lagging behind. Particularly, Muslims have a very few representation in every field. They are backward and lacking almost in everything. They are known as an ignorant and poor community. If the great deal of population is harmful and barrier before development then why should Muslim community be at the recent poor condition despite being in minority and Hindu community be vice versa in spite of being in majority. Today's the most populated country China is flying high. Its all kinds of products are acceptable and trust worthy everywhere. Even she has occupied a respectable place to be one of the mightiest countries. None is dying of hunger and wandering jobless in such a large populated country, while Bhutan is the poorest country despite its very less population. If really population is a matter then why China is great and Bhutan crawling. Our passed days are also a great source to get guidance for our present and future. Let's hark back to the olden days when mostly people suffered from famine and scarcity of basic substances whereas then the world had not large population as today. The united India (today's Bharat, Pakistan and Bangladesh) had only the population of about 40,00 million. But starvation was very commonplace. Not to speak of rural areas, urban surroundings too could not generally hit by poverty and starvation. It could be answered that then world had not so sophisticated people and resources that could raise them up. So if today's people can raise the world so high and influence the whole age, why we believe that our newborn child will be cause of problem. Why he can't be solution of problems with his new mind, thoughts and talent. The fact is that the responsible authorities are not sincere regarding the progress of the country. The real hurdle is our bad policy that could not be denied. Government storerooms are full of foodstuff and people are dying of hunger. Lots of posts have fallen vacant and the persons who can fulfill it are roaming jobless, because they don't have the demanded amount of money as bribe. Nothing is wrong in constitution but the fault lies in implementation. Comparing with other developed countries lapses could be pointed out. To build a great Bharat, sincerity and true policy is required.
Mustafabad, Bahraich, U. P.
Even though BJP has been victim of political dishonesty in Jharkhand, yet it is a bitter fact that BJP is not an exception of general unholy Indian political system. Otherwise the party would have taken effective steps to amend the Constitution to check such nuisances. Fortunately presently India has a unique combination of honesty at posts of President and Prime Minister with support of a selfless Sonia Gandhi as chairperson of ruling UPA alliance. This trio should take personal initiative to reform the system without waiting for never-to-arrive political consensus because no political boss of any party ever wishes such reforms!
Retired judges of higher courts or retired senior bureaucrats may only be made governors.
2 Powers of governors and speakers in deciding fates of Chief Ministers should be abolished by selecting Chief Minister through secret vote by EVMs on nominations signed by at least one-third MLAs. Abstaining MLAs may not be allowed to attend proceedings of the House. Same procedure may be for no-confidence motions but with compulsion to name alternate leader in the same motion. Same procedure may be for electing Speakers and Deputy Speakers. Provision of secret voting in Rajya Sabha elections should be restored. Same system should be adopted in the Centre.
3 Constitutional provision of legislative councils (now remaining in five states) should be abolished.
4 No person should be allowed to contest from more than one constituency or for both Lok Sabha and Vidhan Sabha. A sitting MP or MLA must resign from his/ her earlier seat before filing nomination for the other. A Union Minister may lose his membership of Parliament automatically on joining state-ministry and vice-versa.
5 Security-losing candidates should be barred from contesting elections for next six years.
6 Political parties getting at least twenty-percent votes at national level may only be recognised as national parties and those getting twenty-percent votes on state-level may be recognised as state-level parties. System will check hazardous trend of a large number of political parties emerging mainly due to selfish interests of over-ambitious politicians.
7 President and two Vice Presidents may be elected by all MPs and MLAs simultaneously in the manner President is elected by upgrading post of Lok Sabha Speaker to that of an additional Vice President. Senior Vice President may be made President in case of mid-term vacancy at post of President. However an interim Vice President may be elected by MPs only for rest of term in case of mid-term vacancy caused at post of a Vice President.
8 Ministry-size should be further cut to 10-percent strength of lower House.
9 Only persons with upto two children may be allowed to contest elections.
10 Since political parties make tall but fake assurances for gimmick of vote-snatching by befooling voters, rules should be tightened to provide legal status to election-manifestos. If ruling parties fail to fulfil dreams highlighted in manifestoes, then Election Commission may be empowered even to extent to derecognise such parties.
11 Election Commission should be empowered to implement poll-reforms with six-month’ notice to the Parliament. If Parliament does not disapprove such reforms within stipulated period, these may be considered approved from Parliament. Election Commissioners may be appointed with consensus of Prime Minister and Opposition Leader like Central Vigilance Commissioner is appointed.
SUBHASH C. AGRAWAL
Dariba DELHI 110006 (India)
The interview given by former President K.R.Narainan to a Malayalam magazine which has been published in entire leading print media of our country is apart from revealing unbecoming wailings of KRN due to missing a chance of enjoying pelf & pomp of Rashtrapati Bhavan for another five years also deals with an extremely serious matter of 2002 Gujarat pogrom hence needs an objective and in depth analysis.
Had K.R. Narainan, as a President, been competent enough to discharge his responsibilities of protecting the constitution then instead of feeling helpless he should have rather exercised his powers under Article 356 (1) and 86 (1), (2) of the Constitution. KRN was expected to know that:-
(A)- Under section 2 (d), (f) of The Protection of Human Rights, 1993, human rights are not merely the internal matter of India but it also have martial implications through United Nations. (B)- Article 356(1) of the Constitution allows the satisfaction of the President not only on the report of Governor but also otherwise (like report of Judiciary / Human Rights Commission etc.) in case of failure of constitutional machinery in State (C)- In case of derelict Council of ministers turning blind eye to the mass scale killings of innocent people and in view of the President bound by advice of Council of Ministers U/A 74 (1) of the Constitution , the President can always exercise his powers U/A 86 (1), (2) of the Constitution to address joint special session of Parliament and to send message to Parliament to consider such matter of highest national and international importance which has manifestly brought controversies between constitutional bodies (Judiciary / NHRC, Council of Ministers etc.) to the fore.
Had KRN exercised these options in a responsible manner then not only it would have produced highly disciplining and sobering effect and impact on derelict and criminal minded politicians, members of law enforcing agencies, ministers etc. but also the history of post independence India would have written the name of KRN in golden letters. But on the contrary KRN proved to the world that it is not only Italy which can produce the like of King Nero who remained playing flute while Rome was burning but India is equally capable of producing a Head of State who remained lost in spring fragrance of Mughal Gardens of Rashtrapati Bhavan while 2002 Gujarat was burning, weeping and bleeding amidst systematic butchering of thousands of innocent Muslims.
Hem Raj Jain
Dwarka, New Delhi - 110075
It refers to the press-interview of former President KR Naraynan wherein he had alleged that Gujarat-riots were conspirated by the Union NDA government and Gujarat BJP government. Why KR Naraynan kept quite while at post for his observations on Gujarat riots? Was it not is human and moral duty to save life of innocent riot-victims by opening his mouth publicly when he was head of the nation? Or he kept quite in anticipation of getting favor from NDA/BJP for a second term for the post of President? If at all protocol did not allow him to comment while he was holding post of President, he could have resigned from the post to take up the matter with media, judiciary and other possible channels.
SUBHASH C. AGRAWAL
Dariba DELHI 110006
Why blame Congress spokespeople Margaret Alva, Priya Ranjan Dasmunshi or RJD’s Laloo Prasad Yadav or LJP’s Ram Vila Paswan, for brandishing their ‘secularism against BJP’s consistent and persistent Hindutva politics of superimposing Brahmanical Hindu percepts on unwilling majority of the nation. Sangh Parivar, through its 75-year-struggle to convert India to a Hindu Rashtra, has completely alienated rest of the people of India. The current diluting of the dictionary meaning secularism and democracy is directly related to Sangh Parivar’s own strident excluding of all from its cherished majoritarian goals of ruling India in the name of the Suvarnas. The stand completely negates the concept of both, secularism and democracy in all their various forms. Sagarika Ghose is deliberately fogging the issue by barking on the wrong tree to protest against the doctrine of hate. In their attempt to make Indian Muslims the cornerstone of their chosen ‘the other’, Sangh Parivar themselves has become ‘the other’ for rest of India.
Ghulam Muhammed, Mumbai
It is matter of satisfaction that work is in full swing to improve condition of crematoriums in Delhi. Eco-friendly electric cremation can be popular only when electric crematoriums are built inside the premises of traditional wood-fired crematoriums. Facility for electric cremation is a must inside city’s most popular cremation ground at Nigambodh ghat. Otherwise electric-crematoriums like built near old railway-bridge or at Sarai Kale Khan are mainly used to cremate mostly unclaimed bodies. Efforts should be made to restore Yamuna-flow touching Nigambodh ghat and other adjoining ancient
All those requiring state-cremation should be cremated at Brar-square military crematorium to avoid great inconvenience to general public and security-threat to VVIPs attending the cremation like happened at cremation of Vice President Krishna Kant at Nigambodh Ghat. System should be evolved to issue computerised death-certificates instantly at the time of cremation itself by providing round-the-clock staff at least on main crematorium centres like on Nigambodh ghat to avoid later visits to a place recalling grief and sorrow.
SUBHASH CHANDRA AGRAWAL
Dariba DELHI 110006
Public debate in your media
Most of those economists and commentators (who have highlighted in media the present explosive & miserable state of Indian economy despite meaningless excellent financial indicators and despite budget 2005, in which they hardly find any scope of content or right direction) have not touched upon following two areas which warrant urgent attention for strengthening Indian economy.
(1)- That the present malaise is mainly due to over centralized politico – economical set up of India in utter violation to the basic tenets of federalism, which India is never tired of swearing to. In any federalism natural resources and its management essentially belong to the States. But in our country not only even States, having one Member of Parliament, are carved out which do not have adequate resources to economically sustain its people & State apparatus but also the corrupt & inefficient States are rewarded by central grants, assistance etc. at the cost of more efficient other States.
(2)- That political leadership of post independence India irresponsibly allowed Reserve Bank of India to conveniently forget that under Article 292 of Indian Constitution, Govt. of India is allowed to only borrow money against the security of consolidated fund of India and not to generate money. No body grudges fiscal deficit if it is bridged by mobilizing funds from the existing money stock. But the easy escape route of unconstitutionally generating highly inflationary money has not only rendered the entire money and budgetary control of India predatory, anti - poor & meaningless but has also manifested the failure of Govt. to immobilize adequate and legitimate tax revenue by efficient enforcement of tax laws and by bringing other liable huge section of people like rich farmers, so called unauthorized vendors on roads and in streets etc. within tax net.
Let us hope that apart from strict monetary control the genuine federalism (which suffered a fatal blow due to pusillanimity of like of S.M.Krishna the former Chief Minister of Karnataka in Kaveri dispute) will also get a breathing spell due to people of great Punjab where Amarinder Singh the Chief Minister with the support of opposition leaders of Punjab stopped the water of Harayana, Rajasthan etc. in view of the shortage of surplus water amidst impotent uproar of the entire parasitic section of the country which has developed vested interest in the present over centralized inefficient politico – economical establishment of India.
Hem Raj Jain
Kumarswamy Layout, Bangalore - 560078
Chief Justice of India has expressed that he will resist all moves to bring judiciary under purview of Lokpal. Since Union Law Minister has also expressed that reforms for honesty in higher judiciary should come from judiciary itself, CJI should also spell out measures to be introduced to bring accountability in the system. Undesired immunity of British legacy has been instrumental for inducing alarming high corruption in higher judiciary as confessed by the then CJI SP Bharucha and even endorsed by present CJI RC Lahoti when he said that judges are no saint-persons. Only judicial victims created by certain wrong elements found place in higher judiciary can realise burnt of judicial misconduct. CJI RC Lahoti has so far not informed me of any action on my complaint dated 03.01.2005 addressed to him with documentary proof of misconduct by a High Court judge.
A high-powered Commission chaired by Chief Justice of India should be constituted to look into complaints against judges of higher courts with power to punish the guilty-ones. Retired judges of Supreme Court may act as member-nominees of the President, Prime Minister and the Opposition Leader of the Commission apart from Chief Vigilance Commissioner as its ex-officio member. Commission may also be authorised to clear all appointments of status of High-Court judges and above. Such a system can provide a self-imposed check by judiciary with judicially refined say of legislature. Since most of judicial corruption is mainly due to influence of relations and former bar colleagues on locally appointed judges, all judges in High Courts must be compulsorily appointed from outside their home-states.
SUBHASH C. AGRAWAL
Dariba DELHI 110006
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