The Prevention of Corruption (Amendment) Bill, 2013 and proposed 2015 amendments

Highlights of the Bill

1.      The Prevention of Corruption (Amendment) Bill, 2013 amends the Prevention of Corruption Act, 1988. Certain amendments to the Bill were circulated by the government in 2015.

2.       The 1988 Act defines taking a bribe by a public servant as accepting any reward other than a salary for performing one’s official act. The 2015 amendments replace this to cover acts where a public servant

accepts any undue advantage other than legal remuneration. Anyone who performs his public function honestly    would not be penalised.

3.      Under the Act, a bribe giver is charged with abetment. The 2013 Bill makes giving a bribe to a public servant a direct offence. The 2015 amendments add that if a person gives a bribe to assist law enforcement authorities, he will not be punished.

4.      The Act defines criminal misconduct to covers six types of offences including: (i) abuse of position; (ii) use of illegal means; (iii) disregard to public interest. The 2013 Bill retains only two offences: (i)

misappropriating property; and (ii) amassing disproportionate assets.

5.      Under the 2015 amendments, prior sanction from the Lokpal or Lokayukta must be obtained before investigating a public servant. Key Issues and Analysis

6.      A public servant will not be charged with taking a bribe if he proves that he did not ‘perform his public functions dishonestly’. As this term has not been defined, the circumstances under which a public servant’s actions would qualify as ‘honest’ is unclear.

7.      The 2013 Bill makes giving a bribe a direct offence. There are diverging views on whether bribe giving under all circumstances must be penalised. Some have argued that a coerced bribe giver must be distinguished from a collusive bribe giver.

8.      The requirement of prior sanction for investigation may be considered necessary to protect a public servant from harassment. However, it could delay investigation into genuine cases of corruption. The Supreme Court had also observed that such a provision could affect the efficiency of the investigation process.

9.      The Lokpal, and Lokayuktas in some states, have not been constituted. This may affect the obtaining of prior sanction for investigation.

Key changes proposed in the Bill compared with provisions of the Act:

Key Features	Prevention of Corruption Act, 1988	Prevention of Corruption (Amendment) Bill, 2013 [as modified by the 2015 amendments]
Definition of a ‘bribe’	§ Any reward other than a salary.	§ Undue advantage which is any gratification other than legal remuneration.
Acts that qualify as taking a bribe by a public servant	Covers any of the following acts: § Accepting or attempting to obtain any reward, other than a salary.  § Accepting a reward to favour or disfavour anyone.  § Accepting a reward from another person to exercise personal influence over a public servant.	Covers any of the following acts:  § Attempting to obtain or obtaining, or accepting an undue advantage;  § Attempting to obtain or obtaining, or accepting an undue advantage, i) with the intention of, or ii) as a reward for, or iii) before or after, the improper performance of a public function.
Exceptions to taking a bribe	§ No provision.	§ If a person does not perform a public function dishonestly, it would not qualify as taking a bribe
Giving a bribe to a public servant	§ No specific provision.  § Covered under the provision of abetment.  § If a bribe giver makes a statement in court that he gave a bribe it would not be used to prosecute him for the offence of abetment.	§ Offering or giving an undue advantage to another person, intending to: i) induce, or ii) reward, the public official to perform his public duty improperly; or  § Offering an undue advantage to a public official, knowing that such acceptance would qualify as performing his public duty improperly;  § A person would not have committed the offence of bribe giving if he did so, after informing a law enforcement authority, to assist in its investigation of a public servant.
Giving a bribe by a commercial organisation to a public servant	§ No specific provision.   § Covered under the provision of abetment.	§ Offering a reward for obtaining or retaining any advantage in business. § Central government to prescribe guidelines for adequate procedures for commercial organisations to prevent bribing of public servants.  § If a commercial organisation is held guilty of giving a bribe, and it is proved that it was committed with the consent of the director, manager, secretary etc., they will be punished.
Abetment	§ Covers a public servant abetting an offence related to influencing another public servant.  § Covers any person abetting offences like: i) taking a bribe and ii) obtaining a valuable thing from a person engaged with in a business transaction	§ Covers abetment by any person for all offences;  § Excludes the offence of attempting to misappropriate property (covered under criminal misconduct).
Criminal Misconduct by a public servant	Covers 6 types of offences:  § Fraudulent misappropriation of property in the control of a public servant.  § Possession of monetary resources or property disproportionate to known sources of income.  § Habitually taking a bribe or valuable thing for free.  § Obtaining a valuable thing or reward illegally.  § Abuse of position to obtain a valuable thing or monetary reward.  § Obtaining valuable thing or monetary reward without public interest..	Covers 2 types of offences:  § Fraudulent misappropriation of property entrusted to a public servant.  § Intentional enrichment by illicit means during the period of office. This would involve amassing resources disproportionate to one’s known sources of income. [It shall be presumed that the person intentionally enriched himself.]
Habitual Offender	§ Habitually taking a reward to either influence a public servant or abet in the taking of a bribe.	§ The committing of any offence under the Act by a person who has previously been convicted.
Presumption of guilt Trivial rewards	§ The guilt of the accused would be presumed for the following 3 offences: i) taking a bribe, ii) being a habitual offender and iii) for abetting an offence.  § Such a presumption of guilt would not apply if the reward obtained is considered ‘trivial’ by the court.	§ The guilt of the accused would be presumed only for the offence of taking a bribe.  § The provision related to trivial rewards has been omitted.
Attachment and forfeiture of property	§ Not provided in the Act.	§ The provisions of the Criminal Law Amendment Ordinance, 1944 would apply.  § In place of a District Judge (as in the Ordinance), cases will be referred to a Special Judge.
Prior approval for investigation	§ Not provided in the Act	Before a police officer conducts any investigation into an offence alleged to have been committed by a public servant, prior approval of Lokpal/lokayukta to be taken.  § Such approval would not be necessary in certain cases which involves the arrest of a person on the spot on the charge of taking a bribe, either for himself or another.
Prior sanction for prosecution	The prior sanction from the appropriate authority is required for prosecution of public servants.	§ Extends the requirement of prior sanction to former public servants, for any act committed in office.
Time period for trial of cases	§ No time period mentioned.	Trial by special judge to be completed within 2 years.  § If not, reasons for the delay must be recorded, for every six months of extension of time obtained.  § Total period for completion of trial not to exceed 4 years.
Penalties*:  § Habitual offender  § Criminal Misconduct  § Taking/giving a bribe, abetment	§ Imprisonment of five years-10 years and a fine.  § Imprisonment of four years-10 years and a fine.  § Imprisonment of three years-seven years and a fine.	§ Same as the 1988 Act, for all offences.

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China's One Belt One Road Initiative An Indian Perspective

The One Belt One Road initiative is the key driver of China’s economic, foreign and domestic policy. Its focus is to re-energize ancient Silk Road trade routes to open markets both within and outside the region. The Travel China Guide colourfully explains: “From the second century BC to the end of the fourteenth century AD, a great trade route originated from Chang'an (now Xian) in the east and ended at the Mediterranean in the west, linking China with the Roman Empire. Because silk was the major trade product which traveled on this road, it was named the Silk Road in 1877 by Ferdinand von Richthofen - a well-known German geographer. This ancient route not only circulated goods, but also exchanged the splendid cultures of China, India, Persia, Arabia, Greek and Rome. Many great events happened on this ancient road, making the trade route historically important. Famous travelers along the road were its bright pearls, making it glorious. A great number of soldiers gave their lives to protect it. These are some of the reasons the road is still a time-honored treasure.”

“Sri Lanka too played an active role in the ancient Silk route of the ocean. Situated strategically in the middle of the ancient Silk route of the ocean between East and West, Sri Lanka functioned as an entreport of trade for exchanging commodities. Archaeological excavations in many parts of Sri Lanka have unearthed large hoards of Roman and Chinese coins, which indicate that merchants from West and East met in Sri Lanka and exchanged wares”, as Nipuni Perera detailed last month in Talking Economics. Now the legendary Silk Road is one of Beijing’s most important international trade and development initiatives - nicknamed: “One Belt One Road”, or OBOR as it is frequently referred to. At present, China’s economy is the world’s second largest behind the United States and ahead of Japan. The Silk Road was proposed to sustain this economic growth and development. The modern iteration of the Silk Road is the New Silk Road economic belt and the 21st century Maritime Silk Road - which in the past linked Asia, Europe and Africa. The economic aim of One Belt One Road is to correct infrastructure deficiencies and improve connections between greater Asia and Europe. The new “Silk Road Economic Belt” aims to more effectively connect China with Europe via Central Asia. The “Maritime Silk Road” will link Chinese ports with Africa’s Coast through to the Suez Canal and into the Mediterranean Sea. Beginning in China’s Quanzhou province, the Maritime Silk Road continues through to Malacca Strait via Kuala Lumpur and Kolkata to Nairobi. Over 900 deals worth more than $890 billion are currently underway including a gas pipeline from the Bay of Bengal to Myanmar through to southwest China and a rail link between Beijing and Germany’s Duisburg transport hub.

China’s Xiamen is an example of a major hub on the Maritime Silk Road as well as a part of a growing trans-Eurasia rail network with 35 routes connecting China with numerous European cities, as well as Central Asia and the Middle East. Xiamen’s exports to other Maritime Silk Road countries grew last year by 10.1 per cent, to more than US$14 billion. The Xiamen section of the Fujian Free Trade Zone (FTZ) holds the overland and Maritime Silk Road routes together. As Wade Shepard detailed in the South China Morning Post: “The Fujian FTZ offers incentives, such as preferential tax policies, reduced import tariffs, simplified customs clearance, two-way investment assistance, liberalised policies for the borrowing and converting of foreign currency, along with a “one-form application” procedure for establishing companies there. It is also directly connected with “Fujian Commodity City” trade centres in Russia, Poland, and Bahrain.”

The One Belt One Road and Maritime Silk Road combined will economically connect the West and Central Asia to South and Southeast Asia. China has established a US $40 billion dollar Silk Road Fund to help facilitate this development. Among the goals of the One Belt One Road is the stimulation of China’s domestic economy and the projection of Chinese strategic interests both westward and southward. China also seeks to bolster the Yuan, thereby increasing its acceptance as an alternative global currency. One Belt One Road is proving a success Despite only having begun, One Belt One Road is already demonstrating successes in Asia, Africa and Europe. As a result of China’s One Belt One Road efforts, it has, as William T Wilson details, “redrawn Central Asia’s energy economics.” He explains how Chinese companies “now own close to a quarter of Kazakhstan's oil production and account for well over half of Turkmenistan’s gas exports. Recently they signed $15 billion in gas and uranium deal with Uzbekistan.” In high-speed rail, China has now taken its expertise global. Having laid more than twelve thousand miles of track, China now has more high speed rail than the entire rest of the world combined. The One Belt One Road will see it take that expertise into connecting China with Southeast Asia. Indeed, as Nipuni Perera recounted: “The first cargo train from China to Iran, known as the Silk Road Train, arrived in Teheran in February 2016 after a 14 day journey travelling a distance of 10,399 kilometer s through Kazakhstan and Turkmenistan from China’s Eastern Zhejiang province.” Chinese President Xi has pledged $250 billion to South America over the next decade - including a high speed rail system through Brazil’s rain forest and the Andean mountains. Last year, Xinhua news agency detailed how Beijing had already completed over 1,000 infrastructure projects in Africa, including rail and highway construction. Plans are in the works for railroads, bridges and roads linking 55 African countries. In Europe, China’s largest trading partner, the Greek port of Piraeus is being upgraded and a Belgrade to Budapest bullet train is being built with Chinese finance. In the planning stages is a network of pipelines, roads and railway lines beginning in Xian in China’s center stretching as far as Belgium. And construction has already begun on a cargo rail line between Yiwu and Madrid. Indeed, China is now competing for high-speed rail contracts in regions as far afield as California and Southeast Asia.

Efforts in South Asia include the China-Pakistan Economic Corridor (CPEC), which will connect Kashgar to Gwadar, the Bangladesh-China, India, Myanmar Economic Corridor (BCIM) and the Colombo Port City Project in Sri Lanka. The aim of the project is to turn Sri Lanka into a trade hub in the Indian Ocean. China has promised more investment in Sri Lanka beyond this project. Munza Mushtaq, writing in Asia Times detailed that the project: “Will house a star class hotel, shopping and entertainment centers, offices, a marina and yacht club, a central boulevard, apartment complex, and a mini golf course, on 252 hectares of reclaimed land off Sri Lanka’s west coast.”

Expanding trade and investment across continents The expansion of trade and economic cooperation, however, is the prime focus of One Belt One Road. As The National Interest detailed: “It launched in February 2014 with $40 billion - mostly drawn from Beijing’s bountiful foreign exchange reserves. Since then, One Belt One Road has begun attracting other foreign investors. Singapore’s state-owned development board has agreed to partner with China Construction Bank, committing about $22 billion to finance OBOR projects. International pension funds, insurance companies, sovereign wealth funds and private equity funds have also thrown in on One Belt One Road projects in search of higher financial returns. Chinese infrastructure investment projects now span the globe.” 58 countries are now involved in the project, accounting for $21 trillion in aggregate economic activity, amounting to 29% of global trade. Where the traditional Silk Road facilitated the exchange of goods and technology, the New Silk Road will link policies, infrastructure, trade, finance and people. As Wade Shepard details in Forbes: “China is in the active process of outsourcing its low-tech manufacturing capacity, and all through South Asia and the rest of the Belt and Road network, local manufacturing is rising. In some places, such as in Poland and Georgia, this is part of an industrial revival; in others, such as in Azerbaijan and Kazakhstan, it’s a strategy to diversify economies that are dependent on oil and gas; while in others, like Bangladesh, it’s a way of securing the building blocks of investment and capital to modernize. Whatever the case, these supercharged trade routes and improved infrastructure networks are enabling a more even distribution of manufacturing enterprises across the Eurasian landmass”. These opportunities are in clear focus in Europe. Indeed the UK Foreign and Commonwealth Office along with the China-Britain Business Council recently authored an extensive study on One Belt One Road where they detailed how: “UK companies can play an important role by supporting the development and connectivity of China and beyond, thereby contributing to continued strong and sustainable growth in China while simultaneously benefiting from new commercial opportunities.” Over the past 10 years, China’s foreign trade has grown 19% while its foreign investment has grown 46%. Trade value between China and One Belt One Road countries reached almost RMB7 trillion in 2014, accounting for one quarter of its overall trade value. At the same time China’s trade with Japan, the US and the Eurozone was 34% of its overall trade value. 5 In the first five months of this year, as The Economist reported, “more than half of China’s contracts overseas were signed with nations along the Silk Road - a first in the country’s modern history.” While agriculture and mining are expected to benefit from One Belt One Road, China will also see its imports and exports diversify because of the initiative, particularly in high-end technology. China expects to invest more overseas and see its supply of energy increase via One Belt One Road. With improved connectivity as a result of One Belt One Road, countries participating in the initiative are likely to see an expansion of trade and investment with China. For example, Europe is likely to see greater cooperation with West African markets and a balancing of its transatlantic trade and investment relationship. One Belt One Road is also expected to connect resource and commodity rich West and Central Asia to emerging economies of South and Southeast Asia, facilitating infrastructure development to help power consumer markets. In April, for example, a Chinese shipping company, Cosco, as the Economist detailed, “took a 67% stake in Greece’s second-largest port, Piraeus, from which Chinese firms are building a high-speed rail network linking the city to Hungary and eventually Germany.” China’s cement industries and freight movement by road are likely to see long term benefit from ASEAN and Central Asian infrastructure development. New industries to support this increased trade are also anticipated to be created. The entire One Belt One Road project is projected to take 35 years. Challenges to and prospects for continued success As One Belt One Road involves large scale infrastructure development in developing economies, time and potentially more investment will be needed to see success achieved, even while China’s economy is currently facing headwinds. The Economist observes that while, “Asia needs new infrastructure - about $770 billion a year of it until 2020, according to the Asian Development Bank. [However] Bert Hofman, the World Bank’s chief in Beijing, [recommends] individual countries will benefit more [by] aligning their plans with one another and with China.” To meet the financial needs of investors, China has established a $40 billion dollar Silk Road Fund and a $100 billion dollar Asia Infrastructure Investment Bank (AIIB). The AIIB is not 6 formally part of One Belt One Road but its first loans were for infrastructure development in Silk Road countries Pakistan, Tajikistan and Uzbekistan. Some analysts predict funding levels three to four times this amount may be needed. China’s Development Bank may issue bonds or create low-cost finance to help facilitate One Belt One Road. Planning and coordination among member countries is seen as essential as a means by which to successfully implement One Belt One Road. How your law firm can play a part in OBOR “Whether your firm is a global giant or a local boutique - you can build a new client base around these infrastructure initiatives,” as John Grimley outlined in Asia Law Portal. He details how “a number of the larger law firms, including Baker & McKenzie and DLA Piper, have begun producing reports on One Belt One Road and related developments around China’s comprehensive infrastructure development activities including the Asian Infrastructure Investment Bank (AIIB) and the Silk Road initiative. And Herbert Smith Freehills recently worked with Baker Botts to help the Chinese Silk Road fund on a project.” Grimley further explains: “Study your jurisdiction to design and implement your unique approach. Each jurisdiction will have a unique, local public and private sector ecosystem which supports infrastructure development. Study that ecoystem to determine how to uniquely design a One Belt One Road/infrastructure client development initiative. What practice areas are ideal for One Belt One Road work? The types of work law firms are seeking to generate around these initiatives include project finance, construction related arbitration and joint ventures, among others. Firms can also develop dedicated consulting practices around advising multinational companies identify and secure prime or subcontracts. Here, legal and consulting practices can work together to increase law firm opportunities to generate more work and more fees. Firms can, [therefore] seek to generate [OBOR] work around the following efforts: 1. Since AIIB and related Chinese infrastructure efforts will be closely intersecting with national governments and local infrastructure development communities - interfacing with key decision-makers in some very specific ways will make your firm a gateway into your market and a key advisor on work related to this development - if your efforts are designed and implemented properly. 7 2. Your firm can seek to learn as much as possible about this system and build relationships with those in the system. Well designed efforts will generate work from those relationships. Firms can then also take the information about this system and the legal specialisms required to help make the deals happen - and become both a key provider of services to these deals - as well as a conduit of information to the outside world about opportunities, pitfalls, and informed guidance about these systems. 3. In order to draw attention from foreign infrastructure companies interested in opportunities in your market and the markets you serve - produce articles about local infrastructure updates and opportunities - then use those articles to creatively and proactively contact companies and referral sources - to facilitate discussions around how you might help them secure the work and navigate the local legal and political/regulatory ecosystem. 4. Also vital will be building relationships with Chinese law firms that advise on these new infrastructure initiatives, as well as Chinese government officials directly involved in these infrastructure efforts. All these efforts combined would create a 360 degree effort permitting your firm to not only be readily available for work locally coming from companies and governments, but also a key source of information for foreign companies seeking to enter or expand into your local infrastructure economy. A combination of law practice and consulting - these efforts - if properly designed and implemented - will see your firm build an entirely new and lucrative client base around One Belt One Road.” Looking forward One Belt One Road is China’s core foreign and domestic economic strategy. China is seeking to both provide and seek key economic, financial and technical assistance to help facilitate successful economic connection across continents. China’s investments in several infrastructure projects and continued drive to advance the project are likely to meet with continued success going forward
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Is Triple talaq only issue related to Uniform Civil Code ?

Uniform laws meant to ensure justice for women in marriage and inheritance? In that case, a Uniform Civil Code would simply put together the best gender justice practices from all Personal Laws. So yes, polygamy and arbitrary divorce would be outlawed and Uniform Civil Code would also require the abolition of the Hindu Undivided Family, a legal institution that gives tax benefits only to Hindus.

In the decades of the 1930's and 1940's, contrary to later discourses about Muslim law being backward, it was Hindu laws that were considered “backward” and needing to be brought into the modern world of individual property rights.

Here I would like to mention  modern/positive  concept of Muslim Personal Law is individual rights to property unlike Hindu law, in which the family’s natural condition is assumed to be “joint”.

Again, since the Muslim marriage as contract protects women better in case of divorce than the Hindu marriage as sacrament, all marriages would have to be civil contracts. Mehr, in Muslim Personal Law, paid by the husband’s family to the wife upon marriage, is the exclusive property of the wife and it is hers upon divorce, offering her a protection Hindu women do not have. So, the Uniform Civil Code would make the practice of mehr compulsory for all while abolishing dowry.

polygamy is not exclusive to Muslims. Hindu men are polygamous too, except that because polygamy is legally banned in Hindu law, subsequent wives have no legal standing and no protection under the law. Under Sharia law, on the contrary, subsequent wives have rights and husbands have obligations towards them. If gender justice is the value we espouse, rather than monogamy per se, we would be thinking about how to protect “wives” in the patriarchal institution of marriage. “Wives” are produced through the institution of compulsory heterosexual marriage, the basis of which is the sexual division of labour. This institution is sustained by the productive and reproductive labour of women, and almost all women are exclusively trained to be wives alone.

All above issues alert us to what the demand for a Uniform Civil Code is actually about .
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Causes for the downfall of the Delhi Sultanate

Responsibility of Muhamud Tughluq:  Muhammad Tughluq was somewhat responsible for the downfall of the Tughlaq Empire. His transfer of the capital from Delhi to Daulatabad brought a lot of misery to the people. His introduction of the token currency emptied the treasury .His attempt to conquer Khorasan cost him a good deal. His taxation of the Doab turned its inhabitants into enemies of the empire. His personal character also was responsible for creating a large number of enemies of the empire. No wonder, there were many revolts in many parts of the empire. It was during his time that the Bahmani kingdom was set up in the Deccan, Likewise, it was during his reign that the Vljayanagar empire was established. All his time was spent in crushing one rebellion or the other and even when he died in 1351, he was fighting against the nobles. There is no exaggeration in saying that even before the death of Muhammad Tughluq, the process of disintegration had already started. This disintegration could have been stopped, if Muhammad Tughluq had been, succeeded by a strong personality, but that was not to be. He was succeeded by Firuz Tughluq who was not and made himself popular with the people but the lack of martial qualities in him could not enable him to re-conquer those part of India which were once parts of the Delhi sultanate. He did not take any action at all against the Hindu empire at Vijayanagar and the Muslim state known as Bahmani Kingdom.

Responsibility of Firuz-Tughluq:  The condition worsened under the successors of Firuz Tughluq. Ghiyasud-din Tughluq, Shahil, thus Bakr shah, and Nasir-ud-din Muhammad, Ala-ud-din Sikandar shah and Nasir-ud-din Muhammad who ruled from 1388 to 1413 were too weak to conquer those parts of the empire which had become independent. As a matter of fact even those parts of India which were under Firuz Tughluq, had became independent during their reigns, The result was that he process of disintegration, instead of begin stopped, was accelerated during the reigns of the weak successors of Firuz Tughluq. Those rulers contented themselves with their personal pleasures. They spent time in mutual fights. They sent armies to plunder and massacre the people but they did nothing to give the people a good administration which alone could win their confidence and loyalty.

Economic cause: Firuz Tughluq made many mistakes which contributed to the down fall of the Tughluq dynasty. He revived the Jagir system. He gave large jagirs to his great nobles instead of giving them salaries. The jagirs often amounted to viceroyalties. Large districts and even provinces were assigned to eminent persons. Kara and Dalamau were granted to Mardan Daulat with the title of "king of the East". Oudh, Sandila and Zoli formed separate jagirs. Janpur and Zafrabad were given to antoher Amir. Gujarat was given to Sikandar khan and Bihar was given to Bir Afghan. All these nobles were expected to defend their frontiers and manage their internal affairs. In course of time, these Jagirs defied the authority of the Delhi Sultan and set up independent kingdoms at the cost of Tughluq empire. It was Firuz Tughluq who set in motion the centrifugal forces which ultimately led to the breakup of his empire. It was during the reign of the successors of Firuz that the province of Oudh and the country to the east of the Ganges as far as the borders of Bengal were formed into an independent kingdom of Jaunpur. The provinces of Gujurat, Malwa and khandesh cut off their connection with Delhi and became independent states. A Hindu principality was established in Gwalior. Muslim principalities were set up in Bauyana end Kalpi. Chiefs of Mewar were practically independent and they shifted their allegiance from one authority to another according to the circumstance. The Hindus of the Doab were almost continually in revolt and the rulers of Delhi had merely to content themselves with whatever they were able to realize with the help of their armed forces. Another mistake made by Firuz Tughluq was that he created a large army of salves which became a menace in the time of his successors. The number of slave in the reign of Firuz Tughluq was about 1,80,000 out of whom 40,000 were enlisted for service in the palace of the Sultan. lt is true that by increasing the number of slaves Firuz -Tughluq was able to add the number of converts to lslam and these slaves interfered with the administration of the country and ultimately became an important cause of the disintegration of Tughluq empire. We did not hear of eminent slaves like Qutb-ud-din Aibak, Iltutmish and Balban who were responsible for the greatness of the so called slave dynasty. The slaves of Firuz Tughluq were merely a negative force who did not bother to gain even at the cost of the empire. No wonder, the army of slaves recruited by Firuz Tughluq became a liability. Firuz Tughluq made another mistake which also contributed to the fall of the Tughluq dynasty. A majority of the army men in his reign were paid by transferable assignments on the royal revenues. Those assignments were purchased at Delhi by a professional class at about one-third of their value. Those were sold to the soldiers in the districts at one-half. This practice led to great abuse and the discipline of the army suffered. Firuz Tughluq also ordered that when a soldier became old, his son or son-inlaw or even his slave could succeed him. Service in the army was made hereditary and considerations of fitness and merit were ignored. Most of the army of Firuz Tughluq consisted of quotas supplied by the nobles. This army could not be, controlled by the central Government as their recruitment; promotion and discipline were in the hands of the nobles and not in the hands of the Sultan. The weakening of the military machine, on whom alone depended the integrity of the empire, was suicidal and Firuz Tughluq must be held responsible for the same.

Religious policy: His religious policy was also partly responsible for the fall of the Tughluq dynasty. Firuz Tughluq was a staunch Sunni Muslim. He took pleasure in persecuting the non-Muslims and the Hindus. The temples of the Hindus were destroyed and their idols were broken and insulted. Their books were burnt. The Hindus were converted to lslam by threats and temptations. Jizia was extracted from them with great strictness. Even the Brahmans were not spared. A Brahman was put to death on the charge that he was seducing the Muslims to give up their religion. To Sayyids were put to death in Katehar. Firuz Tughluq attacked katehar and under his orders thousands of Hindus were killed and 23,000 of them were taken prisoners and converted into slaves. This process was repeated for 5 years. That shows the bitterness of feeling which Firuz Tughluq had for the Hindus. Similar was the treatment given by Firuz Tughluq to the non sunni Muslims. The Mujhid and Abahtiyan were imprisoned and banished. The Mehdrins were punished. Their leader Rukh-ud-din was turn to pieces and Firuz tughluq took pride in the fact that God had made him the instrument of putting down such wickedness. He was also cruel towards the Shias. Their books were burnt in public and they themselves were killed. By following such a religious policy, Firuz Tughluq won over the good will of the Ulmas, Shaikhas, Sayyids and Muslim divines but by doing so he alienated an overwhelming majority of the people to such an extent that by his action he undermined the very foundations of his empire. Firuz Tughluq ignored altogether the fact that will and no force is the basis of the state. By his actions, he failed to win over the affection of the people. The basic principle of the Muslim state in the 14th century was force. The awe and fear in which the ruling class was held disappeared .Firuz Tughluq, it at all, was loved and not feared by his subjects. The result was that the people defied the authority of the state and became in dependent and the empire began to disintegrate.

Theocratic character of the state: The theocratic character of the state adversely affected its efficiency. The influence of the Mullahs and Muftis proved disastrous in the long run. A state where the bulk of the population was that of the non-Muslims could not be governed for long by a law which followed the precepts of the Quran. Moral Decay: After conquering lndia, the Muslims got everything. They got plenty of wealth, women and wine. They started living a life of ease. They lost their old grit and manliness. They behaved like a disorderly mob in the midst of a campaign. The qualities of generalship disappeared and an army consisting of such person could not keep down the Hindus or fight against the foreign invaders.

Hindu Revolt : Although the Hindus had been subjected to a foreign rule for a long time, they did not give up their effort to become free and independent. it took more than 150 years to conquer and annex Ranthambor. Although the Doab is situated very near to Delhi, it was never submissive. The Hindus always continued to revolt and the control of the Delhi sultanate was merely nominal. No wonder, as soon as the authority of the Delhi Sultanate became weak, they revolted and became independent in various parts of India.

Other factor: According to Dr. Lane Poole, inter-marriages with the Hindus was one of the causes of the fall of the Tughluq dynasty. However, this view is net accepted. It is pointed out that although Firuz Tughluq had a Hindu mother, he did not show any leniency towards the Hindus. even the subsequent events did not support the contention of Lane-poole. Akbar adopted the policy of matrimonial alliances with the Hindus in order to strengthen his empire and it cannot be denied that he succeeded in doing so. It is only when that policy was reversed by Aurangzeb that the down fall of the Mughal empire took place. However, it cannot be denied that the invasion of India by Timor gave a death blow to the Tughluq dynasty. Even at the time of invasion, there were two rulers, namely, Mahmud Shah and Nusrat khan, who claimed at the same time to be the rulers of Delhi. The manner in which the people of Delhi were massacred and plundered must have completely destroyed the very foundations of the Tughluq empire. We are told that for three months Delhi had no ruler at all. There was utter confusion and disorder in the country. The various provinces became completely independent and there was none to take any action against them. Even after his restoration, Mahmud shah did nothing to restore law and order within the territory under his control. He devoted all his time to pleasure and debauchery. Na wonder, such an empire disappeared. There was nothing left to justify its existence. The disintegration of the Delh sultanate gave a chance to the Hindu rulers to establish their power and revive their culture. It brought about a blending in Hindu Muslim culture.

Conclusion: The disintegration of the Delhi sultanate started during the reigns of Muhammad Tughluq and Firuz Tughluq and the process could not be checked by their incompetent successors. The situation was no better during the reign of the Sayyid and Lodi rulers and the result was that there came into existence a large number of independent dynasties in various parts of the erstwhile Delhi sultanate.

THE DECLINE OF THE MUGHAL EMPIRE

History proved beyond doubt that every Empire that evolved and flourished across centuries created its own grave-diggers. As is the case, the historians of all hues since the 18 Century have debated the causes of the decline of Mughal Empire. The notion of decline envisages a prior state of perfection, efflorescence, harmony, and cohesion, in contrast to corruption, moral degradation, and loss of ethical values, principles, and customs. Hence, historians wish to understand the phenomenon of change and its causes. For instance, social decay, deterioration of the previous order, and belief and long spells of chaos and disorder are considered the causes of such decline.

The OUP’s The Decline of the Mughal Empire, edited by Meena Bhargava provides a series of coherent answers to this question through a collage of ideas brought forth by many eminent historians as part of its Debates in Indian History and Society series. While there were divergent views and debates among historians about the withering of the “mammoth imperial banyan tree”, this collection attempts to focus on different paradigms or assumptions that have shaped interpretations on the decline of Mughal Empire.

According to the authors, the causes of the decline of the Mughal Empire can be grouped under the following heads: a) deterioration of land relations; b) emergence of regional powers as successor states; c) selfish struggle of nobles at the court; d) lack of initiative in modern weapons; e) lack of control over the bankers of the state and above all f) Aurangzeb’s Deccan campaign.

Unlike Emperor Akbar who preferred paying his officials’ salaries directly from the state treasury, his successors Shahjahan and Aurangzeb opted for jagirs(temporary allotment of lands to officials for their services – which may be according to the satisfaction of the Emperor) and Paibaqi (revenue from reserved lands which was sent to the central treasury). While the jagirdars tried to extract as much from the land by oppressing the peasants within a short period, the zamindars (who were given powers to manage the lands belongs to the state by managing the peasants and delivering the state’s prescribed share to the treasury) became a subordinate class within the ruling elite of the Mughal Empire. There was a constant clash of interest between the nobles at the Emperor’s court and zamindars. Consequently the main danger to law and order came from zamindars who refused to pay the revenue and had to be cowed down or destroyed by force.

The politics that emerged upon the collapse of the Mughal Empire was two kinds. In one class the ‘succession states’ like Hyderabad, Bengal and Awadh, which were really fragments of the Empire, had to stand on their own as the central government decayed and became powerless to assist or assert. In the second category were the Maratha confederacy, the Jats, the Sikhs and the Afghans. Their origins as polities were independent of Mughal Empire.

Mysore under Hyder Ali and Tipu Sultan stood outside these two categories, and was in some ways most remarkable. It made a conscious attempt to implant Mughal administrative institutions in an area that had only been nominally a part of Mughal Empire. At the same time, it was the first state in India to make a beginning towards modernisation, first and foremost in the realm of the military and in the manufacture of weapons, but also in commerce, where the English East India Company’s practices were sought to be imitated.

The nobles found that their careers were not linked to talent and that loyal and useful service was ‘no security against capricious dismissal and degradation’. Their (selfish) struggle necessarily ranged them in factions, each group or bloc trying to push the fortunes of its members and hinder the success of its rivals. However, only some of them could establish their dominance . In order to sustain their power in court, these nobles had surreptitious relations with regional governors, zamindars and other chieftains. It is the case of Mushid Quli of Bengal who through his clout among the nobles at the court, effected reforms in revenue which ultimately led to the formation of a new, regional ruling group.

The period of imperial decline coincided with the increasing involvement of banking firms in revenue collections at regional and local levels. It brought bankers, more directly than before, into positions of political power all over India. In contrast to their earlier policies, the bankers extended trade and credit transactions to newcomers, the Dutch and the English. Ironically, the Jagat Seths (Imperial Treasurers) who helped the East India Company to overthrow Nawab Sirajuddaula, were cut to size by the same Robert Clive who stopped the allowance of Seths as ministers of the Nawab in 1770. Ultimately, they ceased to be Company Bankers by 1772.

In a sense, the Deccan Campaign became Aurangzeb’s Waterloo. In his eagerness for further expansion, Aurangzeb exposed to incessant raiding districts in the Deccan that were formerly secure from outside attack. Unlike Emperor Akbar, who assimilated Rajputs within his kingdom, Aurangzeb was unable to effectively assimilate the Maratha, Bedar, Gond or Telugu warrior chiefs formerly living in areas beyond the reach of direct administration by a Muslim state as imperial elites. Failure to sustain imperial officers in the province resulted in intensified disorder and defiance of imperial authority. Even though they were stationed in the Deccan, the Mughals failed to defeat the Marathas. It was these protracted wars that produced the signs of decline, namely an imbalance between the number of jagirdars and the jagirs available, peasant revolts and disloyal nobility. Together with the emergence of regional dynastic rulers who pioneered processes of growth and regeneration, the Mughal Empire did not fall -- it was simply swallowed by a larger political organism. The Company was waiting on the wings to gobble them up whole soon.

For students of history, this attempt is really an opportunity to understand the inherent contradictions that prevailed under the Mughal Empire, which ultimately led to the emergence of British colonial rule in India.

THE PRESIDENT OF INDIAN UNION

At the head of the Union Executive stands the President of India. The executive power of the Union including the Supreme command of Defence Forces is vested in him. But the executive power of the Union vested in the President must be exercised in accordance with the Constitution and the Constitution prescribes that there shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President in the exercise of his functions (Article 74).

Qualifications : In order to be qualified for election

as President, a person must

(a) be a citizen of India;

(b) have completed the age of 35 years;

(c) be qualified for election as a member of the

House of the People; and

(d) must not hold any office of profit under the Government of India or the Government of any State or under any local or any other authority, subject to the control of any of the

said Governments (Article. 58).

Election of the President: The President of India is indirectly elected through an electoral college consisting of (a) the elected members of both the Houses of

Parliament; and (b) the elected members of the Legislative Assemblies of the State.

The election takes place on the basis of proportional representation by means of the single transferable vote system. The voting is done by secret ballot. For ensuring uniformity in the scale of representation of different States at the elction of the President the formula used is as follows :

Population of State+100 Elected Members of the State Legislative Assembly

=No. of votes which each Member of State Legislative Assembly is entitled to cast..

The Constitution also says that parity shall also be maintained between the States as a whole and the Union. This condition is secured by the following formula:

Total number of votes of all the Legislative Assemblies

Total number of elected members of both Houses of Parliament = No. of votes which each elected member of Parliament is entiled to cast.

Terms of Office : The President holds office for a term of five years from the date on which he enters upon his office. However, this term may be cut short if he resigns from office before the expiry of five years by writing addressed to the Vice-President; or if he is removed from office through impeachment on grounds of violation of the Constitution. Similarly, his term stands automatically extended beyond the expiry date if his successor is not elected or does not assume office.

Under the Constitution, the President is eligible for re-election. Here it may be noted that the Constitution of U.S.A. imposes a ban on the re-election of the President for more than two full terms.

Impeachment of the President : The President of India can be removed from his office before the expiry of his normal term through the process of impeachment. He can be impeached only on grounds of violation of the Constitution.

An impeachment is a quasi-judicial procedure in Parliament. Either House may prefer the charge of violation of the Constitution before the other House which shall then either

investigate the charge itself or cause the charge to be investigated. But the charge cannot be preferred by a House unless —

(a) a resolution containing the proposal is moved after a 14 days’ notice in writing signed by not less than one-fourth of the total number of members of that House; and

(b) the resolution is then passed by a majority of not less than two-thirds of the total

membership of the House.

The President shall have the right to appear and to be represented at such investigation. If, as a result of the investigation, a resolution is passed by not less than two-thirds of the total membership of the House before which the charge has been preferred declaring that it sustained,such resolution shall have the effect of removing the President from his office with effect from the date on which such resolution is passed.

Vacancy in the Office of the President: If the office of the President falls vacant due to death, resignation or removal of the President, fresh elections must be held within six months of the occurrence of the vacancy. The person elected to fill the vacancy is entitled to hold the office for the full term of five years from the date on which he enters upon his office. During the interval between the date of vacancy and the date when the new President assumes office, the Vice- President of India acts as the President.

Similarly, if” the President is unable to discharge his functions owing to absence, illness or any other reason, the Vice-President discharges his functions until the date on which the President resumes his duties.

While the Vice-President acts as the President or discharges the functions of President, he enjoys all the powers and immunities of the President and is entitled to such emoluments, allowances and privileges as are enjoyed by the President.

It may be noted that if per chance the Vice-President is not available to discharge the duties of the President, the Chief Justice of India and in his absence the senior-most judge of the Supreme Court acts as President.

The Constitution of India provides for a Parliamentary Systemof Government in which the formal executive power of the Union is vested in the President. The ‘executive power’ primarily means the execution of the laws enacted by the Legislature. The executive power may, in short, be defined as ‘the power of carrying on the business of Government’ or ‘the administration of the affairs of the State’, excepting functions which are vested by the Constitution in any other authority. The ambit of the executive power has been explained by the Supreme Court as “the residue of Governmental functions that remain after legislative and judicial functions are taken away.”

The President of India enjoys vast administrative, legislative and various other powers.

However, the President exercises his executive powers under various Constitutional

limitations. The limitations may be, briefly, mentioned as follows :

(1) The Constitution explicitly requires that Ministers other than the Prime Minister

can be appointed by the President only on the advice of the Prime Minister.

(2) According to Article 74(1) the executive powers shall be exercised by the

President of India in accordance with the advice of the Council of Ministers.

Prior to 1976 there was no express provision in the Constitution that the President was bound to act in accordance with the advice tendered by the Council of Ministers. It was judicially established that the President of India was not a real executive, but a Constitutional head, who was bound to act according to the advice of Ministers, so long as they commanded the confidence of the majority in the House of People.

Refusal to act according to the advice given to the President by the Council of Ministers, headed by the Prime Minister, will render the President liable to impeachment.

The various powers included within the comprehensive expression ‘executive power’ can be classified under the following heads :

Administrative Powers : In the matter of administration, the Indian President is not a real head of the executive like the American President. However, though the various Departments of Government of the Union will be under the control and responsibility of the respective Ministers in charge, the President will remain the formal head of the administration. And so, all executive action of the Union is expected to be taken in the name of the President. All contracts and assurances of property made on behalf of the Government of India is expected to be made by the President and executed in the manner as per the direction of the President.

Again, though he may not be the ‘real’ head of the administration, all officers of the Union are considered to be his subordinates and the President has a right to be informed of the affairs of the Union.

The President’s administrative power includes the power to appoint and remove the high dignitaries of the State like the Prime Minister and other Ministers of the Union, the Attorney-

General, the Comptroller and Auditor-General and so on.

However, the Indian Constitution does not vest in the President any absolute power to appoint inferior officers of the Union as is to be found in the American Constitution. The Indian Constitution, thus, seeks to avoid the undesirable ‘spoils system’ of America under which about twenty per cent of the federal civil officers are filled in by the President without consulting the Civil Service Commission.

In the matter of removal of civil servants (who are serving under the Union and hold office during the President’s pleasure), the Constitution has provided certain conditions and procedures subject to which only the President’s pleasure may be exercised, (Article 311(2)).

Military Powers : The Supreme command of the Defence Forces is vested in the President of India, but the Constitution expressly lays down that the exercise of this power shall be regulated by law.

Diplomatic Powers : The President represents the nation in international affairs, appoints Indian representatives to other countries; receives diplomatic representatives of other States; and has the power of making treaties and implementing them, subject, of course, to ratification by Parliament.

Legislative Powers : Like the Crown of England, the President of India is a component part of

the Union Parliament. The legislative powers of the President, to be exercised according to

Ministerial advice, includes —

(i) Summoning, prorogation of both Houses of Parliament, and dissolution of the lower

House.

(ii) The right to address and to send messages to either House of Parliament either in regard

to any pending Bill or to any other matter.

(iii) Nomination of members to the Houses. The President nominates 12 members to the

Council of States from persons having special knowledge or practical experience in the

fields of literature, science, art and social service. He is also empowered to nominate not

more than two members to the House of People from the Anglo-Indian community, if he

is of opinion that the Anglo-Indian community is not adequately represented in that

House.

(iv) Laying reports, etc. before Parliament like the budget, report of the Auditor-General

relating to the accounts of the Government of India, recommendations of the Finance

Commission, reports of the UPSC, the Special Officer for SCs and STs, Commission

on backward classes, the Special Officer for linguistic minorities etc.

(v) Previous sanction of legislation relating to formation of new States or the alteration of

boundaries, a Money Bill, a bill involving expenditure from the Consolidated Fund of

India, a bill affecting taxation in which States are interested or affecting the principles

laid down for distributing moneys to the States and so on.

(vi) Assent to legislation and veto.

(vii) Disallowance of State legislation : There is no provision in the Constitution of

India for a direct disallowance of State legislation by the President, but there is

provision for disallowance of such bills as are reserved by the State Governor for the

assent of the President. The President may also direct the Governor to return the Bill to

the State Legislature for reconsideration; if the Legislature again passes the Bill by an

ordinary majority, the Bill shall be presented again to the President for his

reconsideration. But if he refuses his assent again, the Bill fails.

(viii) Ordinance-making power : The President enjoys the power to legislate by ordinance when Parliamentary enactment on the subject is not possible. An ordinance may relate to any subject in respect of which Parliament has the right to legislate and is subject to the same limitations as legislation by Parliament. Thus, an ordinance cannot contravene the Fundamental Rights any more than an Act of Parliament.

The ordinance must be laid before Parliament when it reassembles, and shall automatically cease to have effect at the expiration of six weeks from the date of re-assembly unless disapproved earlier by Parliament.

Judicial Powers, : Article 72( 1) of the Constitution of India states that the President shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence.

Emergency Powers : The President has extraordinary powers to deal with emergencies. He is given the power to make a proclamation of emergency on the ground of threat to the security of India or any part thereof, by war, external aggression or armed rebellion. He also has the power to make a proclamation that the Government of a State cannot be carried on in accordance with the provisions of the Constitution (i.e., breakdown of Constitutional machinery).

The President is empowered to declare that a situation has arisen whereby the financial stability or credit of India or of any part thereof is threatened (Article 360).

Discretionary Powers : There can be at least two situations in which the President may have to take a decision in his discretion, because the advice of the Ministers may not be available. Such a situation arose in 1979 after Morarji Desai’s resignation as Prime Minister. The President did not invite Jagjivan Ram. He accepted the advice of Charan Singh, and dissolved the Lok Sabha. The President took his action in his discretion.

There is no mention of the term ‘discretion’, in the Constitution, in connection with the powers of the President. However, eminent Constitutional experts like D.D. Basu, N.A. Palkhiwala,

T.K. Tope, H.M. Seervai and V.M. Tarkunde are of the opinion that like the Queen of England, the President of India has discretion in the appointment of Prime Minister, and dissolution of Lok Sabha. In normal times, the President acts according to well established customs.