Reading Nani Palkhivala - contd

I seem to have been bitten by the writing bug(I didn’t think it had any liking at all towards me, whatsoever), I can’t seem to stop writing or raving about Palkhivala for that matter. That is why you find me sitting at my desk at work after a weeklong vacation… and writing!

I have completed devouring “We, the people” by Nani Palkhivala. The title “We, the people” is the first words of the Preamble of our Constitution that seeks set out the vision set for the Republic of India under the auspices of the Constituent Assembly. So, true to the title, the book is a collection of Nani’s thoughts, assembled as a compilation of his speeches and writings(already published in newspapers/magazines) on what we have managed to make out of our noble Constitution. True that what we have made of it can be summed up in one word – “mockery”, yet Palkhivala goes beyond. He pulls apart the curtains of darkness we have put upon ourselves and reaches deep within to grasp the shining fabric of our civilization, and exhort us to realize our potential. His voice throughout the book beckons “We, the people” to relate to “We, the people” who framed our Constitution and their vision.

An eminent jurist, who has contributed vitally to safeguarding our Constitution through the Kesavananda Bharati case, he talks passionately to look at the Constitution as an enduring body, not to be interfered with at every step and stumble. On the ever-running conflict and debate on the supremacy of Fundamental Rights vs Directive Principles of State policy, he captures the essence in a few words(not quoting verbatim), – “Directive Principles of State Policy are indeed the end goals, the Fundamental Rights provide the means by which to realize the ends. A determined government can achieve the ends while observing the limits on the means”

On problems of governance, especially centre-state relations, he urges us not to fall into “the fallacy of legal solubility”, but to develop conventions that align with the constitutional spirit, and the discipline to abide by the conventions.

The book is not for people who are looking for a narrative of sorts. It is a bundle of thoughts in various contexts – speeches delivered in convocations, business forums, articles written in magazines, etc. As a package, it is resonant of the heartbeats of the first decades of the Indian Republic. It touches upon the numerous issues that faced a very young modern republic – some of the issues have been firmly resolved, some have faded into insignificance in the evolving world, and some, have compounded over the years.

The book is not an easy read either – the versatile genius of Palkhivala requires work to comprehend in entirety. Personally for me, it has been the single most informative and insightful book on India after independence.


P.S : This short piece took me over three days to complete. I had to put it on hold minutes after I started writing. I had completed more than half the content in those few minutes, but I could never get the flow quite right again and it took me over three days and many aborted attempts to finally complete it :( That teaches me to try to write at work.

Reading Nani Palkhivala

The last two days having been nothing short of agony. I was itching to write about a book I was reading, yet unable to put the book down long enough to write. Then when I finally sat down to write, my mind was whirring with numerous ideas, thoughts, phrases, quotes and maxims that I was unable to establish a coherent line of thought essential to writing.

Reading
Nani Palkhivala’s “We, the people” has been sheer ecstasy - the language is mesmerizing, thoughts stunning and the passion palpable. Writing on everything from the deplorable political scenario in the late sixties and seventies(what would he have to say of now, I wonder), taxation laws, economic policies, constitutional law and judicial independence, the expanse of his interests is mind-boggling. It has been a long time since I was last tempted to pepper my sentences with adjectives, but this time around I can’t seem to help it.

Nani Palkhivala, doesn’t need an introduction to the generation that grew up anytime from the sixties to eighties. For the benefit of our generation, which had the misfortune of missing him, here is a short introduction (even though there is a wikipedia link earlier, it doesn't hurt does it?). Palkhivala’s columns in the Illustrated Weekly, the Times of India were an important, if not defining, part of the public opinion of those days. A lawyer by profession, an economist by passion and Indian at heart, he was an intellectual who blurred the boundaries of various disciplines of social sciences and was able to bring out the linkages between them in human society. He argued some of the landmark cases of Independent India, ensuring the fundamental rights of the citizens and the constitutional principles were upheld in the courts of law. Further, his budget analysis every year was listened to in rapt attention by scores in Bombay, surpassing the attention paid to the Finance Minister’s actual budget proposal. The newspapers reported these budget analyses in more detail than they did the obfuscated jargon in the Finance Minister’s speech. He was Indian Ambassador to the United States and held a number on important positions in the public arena.

Palkhivala stresses over and over again, one basic law – the laws of economics cannot be repealed. He infuses an understanding of human psychology to economics, which ensures the laws of economics are applied in the right context. His thoughts on economics are simple yet compelling. Civilization is driven by man’s motivation to work, and where man lacks the incentive to work, civilization stagnates. This single idea encapsulates human psychology, sociology and economics. He spoke and wrote relentlessly over the decades to stress the exorbitant rates of personal income tax takes away the motivation to work and save. On another side, excessive corporate tax coupled with cheap borrowing by the government meant less and less capital for new ventures by the businesses thus stifling enterprise. He called for coherent and comprehensible economic policy and stability in fiscal policy before looking forward to fiscal stability in the economy. He reiterated that businesses and investors need stability in policy to plan for their business development activities. He thrashed at the mistaken notion of socialism taken to simply mean dilution of wealth. The section of the Union budgets titled “A supreme ironic procession” is an enlightening read that captures the themes of economic policies followed from the late 1950s to early 1980s.

Moving on the section on democracy and education, his central theme recurring through his speeches, writings and his entire life is explicitly visible. His belief is singular – “Indians are an exceptionally gifted people”, and his lament, he notes with disbelief and despair, the mess we have made of our “tryst with destiny”. He acknowledges the achievement of remaining a functioning democracy, but refuses to compromise with just that. He sets the yardsticks and urges us to rise to our potential. He is never cynical and holds on firmly to his belief in the abilities of Indians.

Talking about various personalities – judges, teachers, lawyers and leaders, he writes so as to urge us to take inspiration from them. And it is through this book that I got my first real introduction to some personalities, whose names I have heard or read in the passing earlier, but had no idea of their achievements and contributions to our country.

Palkhivala quotes Ralph Waldo Emerson, Disreali, Robert L Stevenson, Lincoln and many others. He quotes not just fancy lines but also meaningful verses. But it is Palkhivala’s own words that hold the greatest charm for me. And my favourite is,

“You must not desert the ship because you cannot control the winds.”

All this before I have delved into his real forte – law. Having glimpsed at the width of his knowledge, now I am set to dive into the depths and details – the sections on law and constitutional issues.

Bestsellers, Flashy Bookstores and the Rare Intellectuals of today

The “Bestsellers”, “Must-read” and “Catch-of-the-week” sections of bookstores appear to be so very predictable these days. “Critic’s choice” sections seem to have disappeared or have metamorphosed into clones of the “Bestseller” section. The so-called bestsellers are the ones that are often very superficial, create that dejavu feeling when the reader can relate some aspect of the book to his life and have a sense of cynical humour. My main grouse with these bestsellers is that they are rarely enlightening, they neither add much to the reader’s knowledge nor provide any food for thought. They all seem geared towards satisfying the ego of the reader that he knows rather a lot about something. High in rhetoric and low in substance is how I can sum up these so-called bestsellers.

Talking about Bestseller sections, it isn’t as if the other sections are great either. Sometimes I venture into a store and I am shocked to see the entire Books section is about 300 sq ft. I say “Books” section in particular because accessories, home décor and gift items take up space in thousands of square feet. Given the limited space, the titles hold no surprises, they are the same over and over again. See a new title? Now, don’t get too excited, take a closer look, it is probably a new title by a “best-selling” author cashing on the success of his previous (or last but fifth) book which made it to the best-seller lists. Oh, on another note, I am forgetting the fancy lighting in these bookstores that makes it a pain to read even a few paragraphs. Well, who wants you to read the book, just pick it up and bill it! (Don’t believe me? Check out the Odyssey bookstore in Bangalore and if you can read two pages before your eyes start to burn, you have such extraordinary eyes that you could possibly walk in the Antartic in summer without goggles and not suffer from snow-blindness.)

Reading these days is focused on these so-called bestsellers and people rarely develop an interest in any subject or theme in particular. This again creates more of these superficial bestsellers and the vicious circle continues creating a whirlpool, which is fast sucking into it any leftover knowledge in print and creating a vacuum of bestsellers.

OK, I am being too harsh, it is not that no good books get published these days. I know a good many volumes of scholarly writing do get published, but who reads them? A very select handful with an interest in the subject. The bestseller lists of yesteryears always showcased a wide variety of themes. Our grandfathers, dads and uncles were extremely well read and could discuss at length on contemporary thoughts and issues. The arguments were not based on any rule of thumb and blind emotions, they were informed discussions that captured the topic in all facets. Knowing the issue as completely as they did, they did not feel a compulsive inclination to take sides and argue senselessly. They could capture succinctly in a few words the dilemmas, delicate balances and tangled issues that presented no easy solutions. And they were just not jack of all traders, each had a special interest, and read and researched on it in detail. How many of us can boast of that? Intellectual activity today appears, at best, limited to discussing on the Vidu Vinod Chopra vs Chetan Bhagat.

To compound the problem, the fancy bookstore chains seem to have done away with knowledgeable bookstore-wallahs as well – exception being perhaps the Sapna bookstore in Bangalore, where the attendants seem to know the titles in their section, or atleast, have the common sense to refer to the computerized catalogue to say if a volume is in stock or not. This helps the knowledgeable reader who wants to read a book in particular but it cannot help a fledgling reader to develop an interest in any subject.

Next come the pseudo-scholarly books which over-simplify the subject and the reader ends up thinking he has a rounded knowledge of the subject when he has just skimmed the subject with a dash of the author’s opinion to garnish it.

Sometimes I think, the days are not far off, when one has to write to a publisher to get a scholarly book. And you might even get a reply expressing regret on the book being out of print (the one that was published last year?!?! Yes sir, we printed only about a hundred and fifty) and suggesting you could get a printout of the book in spiral binding for a fee. God Forbid!

I am not a fan of doomsday prophecies, but this page seems to be full of them, doesn’t it? :) Sorry, but the picture looks so dismal that I just couldn’t help it.

After Ratan, who?

The business sections of the newspapers, the general news and the conversations in coffee shops and streets alike are abuzz with discussion on this question – after Ratan Tata, who? Those who are old enough to know, remind us of the early 1990s, when the reign of JRD Tata was coming to an end and the discussion centred around if Ratan Tata will be able to step into the mammoth-sized shoes of JRD.

Ratan’s period at the helm of the Tata Group has been short compared to the reign of Jamshedji and JRD, but he has nevertheless created as deep an impact as his illusory predecessors. Ratan’s quiet demeanour, dignified conduct of himself and his affairs and the able steering of Tata group laid to rest doubts on the little-known Ratan of the 1980s. True to his name, he has both been a gem and a Tata. The most recent example of the dignity with which Ratan Tata held himself and the Tata group is the Nano project at Singur. As his dream project ran into troubled waters stirred by political ambitions, Ratan Tata with a cool head worked out a practical solution to the problem. He focused on his business and refused to be stirred by the political currents swirling around the issue.

In his unique style, he has now stated that ability and not blue blood of any sort will be the consideration deciding upon his successor. The interest in the successor to the Tata group is largely due to the Tatas being a pride of India. People want someone not fancy or flashy, but someone they can trust to carry forward the shining legacy of the Tatas. And one cannot blame people for wanting a Tata to be the successor, for that is the name they have come to trust and love. They are justified in believing the humility, philanthropist mindset and devotion to the motherland that has always set the Tatas apart cannot easily be matched by an outsider. They would very much prefer a Tata groomed with the same qualities in the family to take the baton from Ratan Tata.


Noel Tata, who is touted to be leading the race faces a different scenario from what Ratan faced in 1991. Ratan’s entry was watched with suspicion, even bordering on disdain, while Noel Tata’s possible reign is being welcomed already. After Ratan established his credentials of being an able “Tata” confidence seems abound that a Tata would indeed be the best-suited for the job, and hence Noel Tata would carry forward the legacy well.

All the talk about the search committee doesn’t impress me much or inspire me with great confidence. I would very much prefer Ratan Tata sat down to think and came out with the person best-suited. But the man in question apparently prefers an all-round assessment and discussion of merits/demerits of candidates by more than one head. Frankly, speaking for myself, I am not very happy with the names making the rounds as possible successors – Indra Nooyi, Arun Sarin, etc. I hope it is just a figment of the media's imagination(very limited one at that, at times).

Steering a group as big and diversified as the Tata Sons requires, above all, setting the vision, preparing the ground to some extent and delegating the responsibility to the right man arming him with all necessary authority. And none of the names seem to me that they can create a vision – for a vision here means much more than profit margins and market share. The vision of the Tatas has always been centered on Indian society not just the Tata Sons. And delegation is as important, one should know when to step back and handover charge, for one can do only so much when managing such a diverse range of interests. For instance, someone concentrating on Steel production cannot focus on Chemical business at the same time and do justice to both with ease.

Knowing the right mix of direct and indirect leadership is the key. And I cannot but feel only someone who has firsthand experience with the Tata group can do that effectively.

As for the Parsi question, though Ratan Tata hastened to dismiss that, noone really minds a fellow Parsi succeeding him, for they would look to the Parsi values to guide the successor. And I doubt anyone will actually accuse the Parsi community of wanting to keep the Tata reigns within their community.

All said and done, a head, that is disproportionately small to the large feet to fill the huge shoes, is what will complete the definition of the Captain of the Tata ship.