Saturday, February 5, 2011
Revolutions in the Middle East
Saturday, January 22, 2011
Inflation Nation
Thursday, January 13, 2011
Indian Judiciary : It is a big joke
One of the prominent failures of post Independent India, is its Justice delivery system. Even after 63 years of independence, the system never refined itself. Most of the time, justice is delayed, diluted, delusional and hence denied.
The country now faces a serious challenge in refining its slow judiciary process sooner or its going to regret on the consequences of it. The Justice delivery system is painfully slow, and for lack of better word, its incompetant. Justice delayed IS justice denied. Last week we had two important happenings, that managed to make it to the main page. One of which is the accusation that former Supreme Court Chief Justice K.G Balakrishnan's son-in-law, accumulating huge wealth disproportionate to known sources of income in Kerala., and other being the 40+ year old Rupam Pathak stabbing and killing the sitting BJP MLA Raj Kishore Keshari in broad day light in Bihar, in front of a huge gathering of people in his home constituency. To put it simpler, the former is the problem and the later is the 'consequence' of the problem. Let the Indian penal code define, who is punishable and who is not. I am pretty positive, nothing is going to come up significantly in either case. But everyone has to admit, the whole system is ripped of and needs drastic changes. The Chief Justice in Supreme court is a unique distinction and is the top post a Judge can ever make it to. He would know the law than anybody else, I would assume. How could someone close to the person who managed to be Chief Justice of India, be accused of unlawful activity. Did the CJ know about it. what is his role in this. what credibility does he have. who appointed him to be CJ and why. Looks as usual as it always happens in India, dishonest people go to the top of the beurocracy. K.G Balakrishnan may be proved innocent and he may have not a role in this. I am not trying to pre-judge him prior to active investigation being made.. It is not just about K.G.Balakrishnan being good or bad, but it is just a case that firmly suggests, not everything is good, with people who are supposed to fix the country's problem. In the Indian legal system, the judges are considered unquestionable, and their honestly and credibility not debatable. This is absolutely crazy. It may have been true at some point in the past, but not anymore. The country has to wake up to reality, and pin credibility into the judicial system. The whole system of working needs to be reworked upon, and made efficient and transparent.
Judiciary is a big joke in India. Remember the last person who was punished for crime ? Either he was so notorious to be left out in the open, or he did'nt have the money for his bail. Most people who are not financially viable often get caught in the mess. If you have the money power, you can get away with almost anything including multiple murders. This is a sorry state of the Indian justice delivery system now. The system fails to deliver justice, and the result of that is people take law into their own hands and punish each other. There is a tacit acceptance to this action in society. This will lead to uncivilized society. The case of Rupam Pathak is a classic case of it. There was a FIR filed against the local MLA by Rupam sometime back over sexual allegations. It appears, the case made no head-way forward. Preliminary reports indicate Rupam pathak was frustrated with no action being taken against the MLA and decided to stab the MLA herself as an act of revenge. In my opinion, violence cannot be a part of life. No one violent has a place amidst the society. They must be arrested and isolated from society. The trial may bring the truth out, and we will discuss then who is right and who is wrong. But the frustration with regular legal process is very active in minds of people who wait for justice in the Indian courts. This cannot be denied.
There are a tonne of legal disputes in Indian courts today, that will take generations to solve. what is the expectation for the person who is dependant on those verdicts. When a trial happens over long periods of time, people change stands, witness become hostile, the evidence no longer is fresh, people involved in trial lose motivation. Just dragging a case for years and years is judicial cheating. The whole justice system is flawed in the process when it does that. Land disputes and property disputes, needs to be solved as soon as possible, so that people can get on with life. So that they can make an investment on them, and bring in employment and create wealth. We have people going to the court with the intention of just to extend the problem for long. The ordinary people feel left out. The dishonest segment of the population benefit from the process. The lawyers and judges make money in this flawed process. In spite of huge backlogs of work, the judges go for summer vacations, just like school students, often leading to inefficient man-hours of operation. People launder in jails for years, because the judge hasn't had time to "get to the case". Murder cases that have solid evidence on the initial period lose steam over time, and the witness turn hostile, because often they are subjected to pressure. The Shankaraman murder case in Kancheepuram in which the Kanchi mutt was accused of being involved is an example. Almost all the witness have turned hostile and the proceedings have gone no where. The Judicial system neither helps the innocent or witness, but plays as a good tool for persons who are aggressively dishonest, and exploit the sytem to their advantage.
When the legal system doesn't delivery just like it is happening in India right now., it always leads to social unrest and revolution. It is high time the central government recognize this problem and enact laws and overhaul the system. The following are items that the people need in that.
1. Find resources to clear backlog of cases all over India. Ensure speedy disposal.
2. Atleast new legal cases, needs speedy verdicts., say vital cases like murder, rape, financial frauds are attended to and verdict executed in 4 years.
3. Protect witnesses.
4. Punishment, if found guilty.
5. Hold Judges accountable and punishable, if found involved in mal-practices.
6. Simplify the justice delivery system, and make it RELEVANT in society.
The whole appeal process is ridiculous. This has to be simplified and needs a time sensitive requirement in it. Punishment MUST be delievered if found guilty for all. Rich or poor, younger or older, man or woman, if found guilty in the eyes of the law, punishment must be executed without delays. Every court case should lead to a "logical" conclusion. Only strict punishments are going to help refine society. There are multiple clemency petition pending in the table of the President and Prime Minister. They must be attended to, and punishments enforced now. Only this will invoke confidence in people to go to courts seeking Justice.
The other face of the same problem is the multiple commissions that the government set-up after every tragedy. Those commissions take years to reach a conclusion and often go no where. At the end of the process, the people realize from the report that its just a FYI on what happened, but isn't serious about providing punishment to guilty. Indian politicians take honor in being named for bad reasons in those commissions. Any commission that runs for more than a year, is a complete waste of tax payer's money. Take the famed example of Bhopal Gas tragedy investigation/verdicts. It was a tragedy where thousands of people suffocated to death, and probably died thinking the world was coming to an end. The Indian court took the case, and delivered a verdict, a piece-meal compensation after almost 25 years of the tragedy. The case really deserves more attention than that. An the end of the day, the verdict sounded like a automobile accident case in some highway in India. What was the court doing with this case for decades? 25 years is really long time in anybody's watch except for the clocks in Indian courts. what many things happened in this 25 years, We had multiple governments, Olympics, football/cricket world cups, regime changes all over the world, wars, etc.... and the court was sitting on this investigation during that time. A delayed verdict like that is an insult to the people of India who have lived through those tragedy in the cold December of 1984. What is the intention of the verdict? It was just reduced to a formality. It is humanly unjust to treat it like that. What explanation does the court have for the thousands of people, who are living now but are physically impaired because of the gas leak. Somebody must be pinned responsible for it., don't you think. Not everything happened by itself. If the incident had happened in rich western countries, things would have been much different.
India has a lot to learn from other western countries, how the rule of law is enforced, maintained and safe-guarded. We have to admit, things are far better in advanced countries. The Indian society is a tolerant, obedient society by history. The family values are still very much intact. In spite of the vast diversity, there is a feeling of nationalism, patriotism, respect and moral values. So it is just a matter of enforcing law and winning back the confidence of the people.
For most of Independant india, the Congress government has ruled the country. So the Congress party is responsible for this judicial mess, relatively. It must have been fixed long before as it has become monster today. The people will wake up and we will have a law-less society in the near future, if the govenment does not act now. Manmohan Singh is credited with bringing back India to global stage economically in the 90s as the finance minister. Can he deliver again this time by refining the Indian Judiciary as a Prime Minister.
Sunday, January 2, 2011
New year 2011 : looking forward
Friday, December 24, 2010
Manmohan Singh's second innings
Multiple scams, price rise is what the Manmohan Singth has on hand to solve. The Congress government cannot risk these issues at the time of state elections next year. The Congress government's integrity is at stake.The government should come out with guns blazing to put an end to price rise, and act its house is corruption free. The recent spike in Onion prices, is one more symtom of the same problem, and the PM has to promise personally to the people of India to bring down the prices in 3 weeks. If you want to know, how important is the price of Onion and whats its cost to the political party in India? Ask anyone in BJP. In 1998 under the NDA banner, it lost vital elections because of the price of Onions. Everyone aware of the Indian polical system knows its cost. I visited India for this year recently for diwali, and found real inflation in almost all sectors. Prices have gone high everywhere. Usually, the rich and middle class get away from it with more pay checks, Its always the small guy like BPL families, pensioners get affected directly. A Nation with high inflation is bad than a nation with good growth. Growth cannot come at the cost of inflation, and the PM must know this than anyone else, being an economist. Value of house prices have shot up abnormally, while the rents still are nominal. All it says, is there is a clear real-estate bubble in India right now. It is not as big as a housing mess in what is happening in the western economies but it is still above normal levels. The Government must step-in and control the money supply. No growth is better than bad growth.
Congress has a lot at stake. The PM is most likely having his final tenure as PM, and he cannot afford to make a mistake. The idea that he is Mr.Clean in Indian politics holds true still, and its up to him to maintain that. Congress has to enact new laws to punish corrupt people. We need stricter laws sooner rather than later. Prices must be brought down, at the expense of growth. India saves 35% of their income. Price rise punishers savers. Congress should not miss an oppurtunity to fix corruption and price rise now or it may regret. Since there are no winnable opposition party in near future, that can provide alternate government in Delhi, it can buy time for now, but not for long....as it cannot afford the anger of the Indian electorate.
Sunday, May 31, 2009
India Elects '2009
Wednesday, February 11, 2009
Banks Of America
Today was a special day for the heads of major Banks in the US as they had to march to the capital hill to answer the law makers, on questions regarding the
financial crisis they are widely believed to have created. All the major bank heads, including citibank and Bank Of America were grilled by members of the
congress on their past practices and future plans. Future plans would be their plans on how to make more money from the tax payers money they just borrowed
as part of the TARP (Troubled Asset Recovery Program) funds. Couple of days before, this time across the Atlantic in the UK, the Bristish Bank majors were
grilled in the House of Commons. The meeting became famous after all the bosses mentioned the word "sorry". Recently the Pope had to ask for "sorry" too, may
be that is why the Banking bosses too felt asking for "sorry" could probably be divine. They would be alright, as long as the government doesnt ask for the
money they took in previous years in compensation packages, when their institutions were going down in value and making bad acquisitions.
Banks in the western world were always considered to be more customer friendly and are well known for generous loans and business practices. These were signs
of economic progress and nation building. The credit history of individuals were monitored closely, and the credit worthyness of the borrowers were more
often done correctly. The technology was always there to help them do this. They invested huge amount of money in information technology, and revolutionised
the way banking worked. if you had seen any Banks in south asian countries, which are mostly developing countries, the physical structure would be a shaddy,
dim place. its mostly government owned and operated in the lesser scale of attractiveness. On the other hand, the banks in the west were operated as
corporate entities and had huge structures, investments on their offices, massive investment in advertising. Its a altogether a different kind of entity.
Charlotte, North Carolina remains the biggest city for bankers in the US. Both Bank of America and wachovia have their head quarters in charlette and a
casual drive in the city would give a glimse of how big they are, and how much they own. They own not only huge skyscrappers, but also football grounds. They
are really really huge than any corporations in the world.
As the saying goes, when things are good they are really good and when things are bad it may be really be worse. American banks in the last decade gave loans
to potential house buyers. As the interest rate was kept low artificially by then treasury chairman Alan Greenspan, there was an artificial boom in the
housing industry. After the tech bubble burst in the 2000/2001 period, the Government wanted to boost the economy. It was the housing that the government
started encouraging, in the name of increasing the home ownership across the country. The housing boom in the past 4-5 years has been in effect to get over
the hangover caused by the tech bust. As the banks started lending to boost housing, the lending standards came down as the years rolled on. Fannie Mae and
Freddie mac is a government sponsored entities (GSE) that was partly owned by government and the private investor to facilate funding for banks. They are the
intermediaries between the banks that do the lending and the private investors who would like to fund it. The Banks make a profit for the investors on the
mortgage lent. So basically the bank increased lending with the help of these institutions. More and more they lent, there were more and more investors
willing to fund the bank hoping for higher returns. GSE companies sold these mortgages to investors as Mortgage backed securities. These are securities
created by the system to fund the mortgage industry in the US. These securities were sold all over the world in multiple forms. They were in turn sold over
and over again across the world. Investors mostly where soverign wealth funds and banks in other countries which were sitting on top of lot of money
depositted by their customers in their respective countries. The House prices in the US started climbing to historical levels across the country. Mortgage
were available in plenty and ordinary people pounced on the boom, hoping to make some easy money. The bubble started to grow and grow until it burst. During
the boom period Banks relaxed their lending standards so much that they began giving mortgages to risky borrowers. The money lent to risky borrowers are
usually referred to as NINJA (No Income No Job or Assets) loans. This was caused because of increasing competition among lenders to grab the market and the
value of properties which kept on raising. There became a general view that the real estate market would not come down. Much of the buyers were tempted by
AMR (Adjustable Mortgage Rates) by lending companies. Here, you pay a low interest for the initial period and the repayment rate increases after a period of
time, drastically. This would come with a very low or no downpayment and the ordinary customer was ready to take the risk. After all he doesnt loose much, as
he thinks he is going to make a big sale out of it, and would eventually cash it after the value of the property rises in value. There are also allegations
that the people who worked for lending firms, sold AMR lending to buyers, without explaining the risks they might face in future when things dont work well.
This went for quite a while and the housing bubble burst with the subprime borrowers defaulting to pay. what started as a subprime crisis moved slowly to the
wider mortgage industry, and as of now there is a full blown housing crisis. The value of homes are going down. There are more houses in the market than
people willing to buy. The gradual increase in unemployment has checked the house affordability of people and foreclosure has become common. People who
bought houses during the peak of the boom, have come to realize that their houses are no longer worth the money they bought it for. To avoid further loss on
their income, they simple go for foreclosure or just walk away, defaulting on loans. Lots of AMRs are up for reneawal as the years roll on, and the crisis
could get only worse.
In the whole mess, banks were caught naked. The loans started defaulting, and the mortgage backed securities, which once was considered a safe haven was just
running for cover. Except the name there was absolutely nothing "secure" about that. Huge capital in hedge funds and money market securities started
collapsing at the weight of the subprime crisis at the start, followed by the mortgage industry in general. GEC companies started to loose values as their
exposure to bad loans surfaced in the market. Fannie and Freddie fell from their peak of $40 to meare penny stocks. A huge sum of money was just lost by
these GSE. The government has to finally step in to save these firms to avoid further damage as they owned or guaranteed half of total US housing. The demise
of fannie and freddie stocks made inroads to the real economy. With Bear Steans collapsing in the March of 2008, the market assumed it could be a one-off
case. JP morgan bought it for a throw away price. When everything was seemed to have controlled the next big upset came in the form of Lehmann brother
collapsing fully on September 15 2008, after the market came to know of its enormous exposure to mortgage securities and their shares plunged. Merryl Lynch
was acquired by Bank Of America the same day. It was a sad day for those corporate giants who had ruled the corporate world for decades. When they came down,
it was just like the titanic, the legacy wasnt going to save them.
Until September, the Banks were considered relatively doing ok, but the stock holders started to lose confidence in the banks and went in for huge sell offs.
Banking stocks took a huge beating in the last quarter of 2008. Bigger names such as Washington Mutual (well known as WaMu) and Wachovia had to lose market
value so fast, that the government had to step in to save them. WaMu was bought by JP Morgan and Wachovia went to Wells Fargo, after a bitter competition by
rival Citibank. The largest US Bank lost the battle for buying Wachovia to Wells Fargo only to later realize that they wouldnt survive either. Being the
biggest US bank in the world, the government stepped in to save it one more time. Next the Citibank was Bank Of America, which was considered relatively
safe. But there was always skepticism in the Market, since their deal with Countrywide. Any one who would have watched television in the US in the last few
years would know, what country wide is. They were the largest mortgage lenders... remember the guy in the AD saying, 'No one can give you what countrywide
can give, because we are the largest mortgage lending company in the country". The deal was always in a sea-saw, and Bank Of America had threatened to walk
away from the deal many times. Bank Of America bought countrywide after countrywide started failing and was unable to re-pay the bank's loan. Most loans
given through countrywide were bought from Bank Of America. Before they could digest the countrywide deal, they were forced to buy Merry Lynch by the
government in september immediately after Lehmann Brother collapsed. The Government guranteed some of Merryl's loses and bank of America was basically forced
to be patriotic. Struggling with two huge deals, Bank Of America soon realized the Merrly Lynch deal was so toxic, and it had more loses than it was
initially thought. It fired John Thain, who made that deal and has also threatened to walk away from deal. But the Government has backed it to avoid market
sentiments.
So, as of now, most big banks are not doing well and are in emergency units, only to be taken care by government. these Huge Banks and its executives were
supposed to be the masters of universe months before, and the tide has changed now. There are about 10,500 FDIC insured banks in the US. Almost ninety
percent of the deposits are with the top few banks. John Thain has made his money and walked away in spite of spending 1.2 million on his office, when the
company was in dire loses. The loses made by people like him is now in the hands of the government as there are no takers. The whole banking system has
collapsed in the western world as a result of this. The boses of these firms have almost nothing to defend. The people's representative are asking questions,
as why did you give loans to subprime borrowers, and immediately following up with another question, why are you not lending the TARP money to borrowers now.
Its a poor state of affairs.
Historically, banks were not supposed to be for profits. Just think for a minute that there were no banks in the world. People have to carry money in their
pockets or have it in their home. This was risky as it might get stolen or they may be lose it. So banks were created so that, people could keep their
belonging, money - safe and get it as and when its needed. This is how the initial banking system should have started. Over the years innovations came in and
as the human civilisation started maturing it was used for other purposes as well. Now the banks in the west has reached a point where "making more money"
has become the primary responsibility than to "preserve" customers money. Too much innovation in the money market has brought about negative climate to the
financial system. Usually when the government owns a entity and its being privatised, private people rush to buy. it might be a loss making entity, but still
the private ownership wants to buy it with the hope that it can run it for profit as the whole infrastructure already exists and all it had to do is to do
good management. On the contrary, the banks of americas are up for sale and no private buyers are willing to part their money on it... which is left out :
only the government (poor guy) steps in to buy it. its a low end of greed in private sectors, and lack of responsibility on those people who managed it. who
is to blame for this? The government, i would say. it should have regulated at the right time. Bubbles will burst and even the mighty banks are no exception. As Peter Schiff out it, When a
teacher leaves a bag of chocolates in the class for a sometime and is back to see all the chocolates are eaten by the students.. who do you blame... can you
blame the kids for eating them? Of course the teacher who left it there.