Wednesday, September 2, 2020

Kamala Harris: A Look At Joe Biden’s Running Mate

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Vanshita Banuana

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Kamala Harris: A Look At Joe Biden’s Running Mate

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Global Views 360

Publication Date

September 2, 2020

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Kamala Harris giving a speech

Kamala Harris giving a speech | Source: Twitter

On August 11, Democratic Party’s nominee for the US Presidential election. Joe Biden chose Kamala Harris as his running mate for vice president. Her selection preceded a lot of noises from within democratic party’s grass-root workers and progressive leaders to choose a woman of colour for the VP position. This was taken as a show of support for the progressive causes  for which Joe Biden nd Democratic Party stand with full force.

Here’s a look at the life and policies of Kamala Harris, who could be the first woman to occupy the position of Vice President of the USA.

Kamala Harris (L) with her mother—Shyamala Gopalan (C) and Sister—Maya Harris (L) | Source: IndiaAbroad

Kamala Harris was born to immigrant parents who came to the USA as students in the 1960s and stayed on to fulfil their dreams. Her Father came from Jamaica in 1961 to pursue economics from UC Berkeley, while her mother came from India in 1958 to pursue research in endocrinology and breast cancer, also from UC Berkeley. They met and married during the social protest movement in the 1960s but got separated while Kamala was only seven years old. Her mother never remarried and took great care of Kamala and her sister Maya.

Kamala’s mother belonged to one of the highest social classes, the Tamil Brahmin but raised both of her daughters as Black American. She kept her contact with the family back in Chennai (earlier known as Madras), India, which continued with Kamala as well.

Kamala spent much of her childhood in Montreal, Quebec, Canada after her parents divorce. After graduating high school she attended Howard University, a historically Black college in Washington, D.C. She is also a member of Alpha Kappa Alpha, a well-known Black sorority. She married Douglas Emhoff, an attorney, in 2014. Her sister is currently a lawyer, an MSNBC political analyst, and has worked with Clinton’s 2016 presidential campaign.

She was the district attorney general of San Francisco and attorney general of California, and was the first Black woman to hold those positions. She went into the profession apparently because she wanted to change the law enforcement system from the inside. Over the years she has repeatedly referred to herself as a “top cop,” though she also prefers “progressive prosecutor.” She became a member of the Senate and has been running for President since 2016.

Her stance on several policies has changed over the years. During her prosecutor years she occupied a classic centrist stance: she supported some reforms to the criminal justice system, which was unique in an era of “tough on crime” policies (that often had racist undertones), but at the same time she tried to keep favour with police officers and unions— perhaps due to her nature as a prosecutor, and was often silent on bills which might have be seen as too polarised towards one end of the spectrum.

Her more well-acclaimed decisions came in the form of programs such as anti-bias training, Open Justice and Back on Track. Open Justice is an online portal that makes various criminal justice data, such as deaths and injuries in police custody, available to the public. Back on Track was about a year long program aimed at young and first-time low-level offenders, offering to waive jail time if they went to school, got a job, and other such goals.

It might be worth noting that a lot of Harris’ actions focus on what can be done after an arrest is made and before incarceration, which inherently means that reducing police brutality and reforming prisons have not yet been great strengths of hers. Since the beginning of the Black Lives Matter movement, civil rights activists have looked up to Harris, a Black woman in a position of power, to lead the change in terms of legislature, but have come out with mixed results. Most of them feel that Harris strives for some reform but never gets too bold, and essentially ends up upholding the status quo.

For instance, around 2015, she made body-worn cameras mandatory for all of the small percentage of special agents employed by the attorney general, but did not support a bill to make them mandatory for all police officers in California, stating that she opposed a “one-size-fits-all approach.” Some of her other decisions while she was a prosecutor have been questioned in recent debates, such as her anti-truancy law, and the evolution of her opinion on marijuana.

Harris has spoken out in support of Kashmiris under Indian occupation after the revocation of article 370. Biden has been critical of the Citizenship Amendment Act. However, she has also described the India-US relationship as “unbreakable”, and even tweeted a welcome message for Indian Prime Minister Narendra Modi on his visit to India in June 2017.

Biden’s choice of Harris as his running mate for vice president is considered by her supporters as symbolic and historic due to her identity as a Black Asian-American and the representation she brings to a powerful stage. Her critics however, have been skeptical due to her career as someone who worked very closely with law enforcement.

Harris, like any other politician, has a checkered past which deserves scrutiny. Those who are rooting for or against her deserve to know about the different aspects of her political, social and other policy positions which helped evolve into the politician she is today and the direction in which she is expected to move in the future. This will be essential for her to appeal to a wider population and add to the votes for Joe Biden in the November 2020 Presidential poll.

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March 4, 2021 4:43 PM

Does giving the Lieutenant Governor more authoritative power have an impact on India's Federal structure?

On 3rd of February 2021, the NCT bill cleared by cabinet along with 20 other bills proposed to be introduced in the parliamentary session. The amendment was passed on 9th of February in the Rajya Sabha.

“The Bill proposed to amend the Government of National Capital Territory of Delhi Act, 1991, in the context of judgment dated 14.02.2019 of Hon’ble Supreme Court (Division bench) in Civil Appeal No 2357 of 2017 and other connected matters.”

The article explains the timeline and the practical implications of the NCT Amendment Act 2021 on the federal structure.

The Centre's amendments to the NCT of Delhi Act, gives more powers to the Lieutenant Governor and Delhi’s Kejriwal government were totally against the amendment as due to their bitter experience with the previous and current LG.

The Arvind Kejriwal government described the NCT Bill, as a murder of constitutional democracy and accused BJP of secretively drafting the amendments so as to govern Delhi in an unconstitutional manner using the LG's office.

The new amendment is expected to now clearly define the powers and functions of the Lieutenant Governor and the Delhi Government based on the 2019 judgement. The amendments add a category of bills, which fall outside the ambit of Delhi legislative assembly and which the Lieutenant Governor must reserve for consideration of the President. This category is supposedly added for the sake of “better governance” and to reduce potential conflicts. The amendments also specify that the elected government needs to send legislative proposals to Lieutenant-Governor (LG) at least 14 days in advance to seek his opinion and avoid any delays.

The tussle between the Delhi government and the Centre reached the Supreme Court 2017. The honourable Supreme court defined the role of the LG in Delhi and ruled that the LG cannot interfere in every decision of the Delhi Government. The tussle between the Union and Delhi government has that Article 239 AA of the Constitution at its core. The Article 239 AA gives Delhi the special recognition of a Union Territory with a Legislative Assembly that has a lieutenant governor as its administrative head.

In July 2018, a five-judge Constitution bench of the Supreme Court led by Chief Justice Dipak Misra stated that the lieutenant governor’s powers in the National Capital were only limited to land, police and public order.

“The lieutenant governor must work harmoniously with the elected government. The LG is the administrative head but can’t act as an obstructionist”, the bench stated. The supreme court also stressed upon the fact that the power and status of the LG was different from the state governors. They mentioned that the Lieutenant Governor must not be an obstructionist and must work harmoniously with the Delhi government. “There is no room for absolutism and no room for anarchy,” the bench stated. The verdict is not complete yet as the issue of services divided the bench that delivered the order and the matter is now addressed by a three-judge bench on the Supreme Court which has not concluded the hearing yet.

So far, the AAP has argued that former LG Najeeb Jung and the current LG Anil Baijal are undermining the federal structure of the Republic of India by objecting the decisions made by the Delhi government and overruling their authority in bureaucratic matters.

Former LG of Delhi with Prime Minister Modi | Source: Wikimedia

In July 2013, Najeeb Jung took charge as the LG of Delhi and Arvind Kejriwal swore in as the Chief Minister (CM) of Delhi in December 2013. After 49 days of governance, Arvind Kejriwal stepped down as his minority government was unable to pass the anti-corruption legislation due to lack of support provided by other political parties. In February 2015, the Aam Aadmi Party came back to power by a staggering majority of 67 out of 70 seats. However, the party faced a higher veto obstruction while making several decisions. In May 2015, LG Jung annulled all the bureaucratic postings by Delhi government and stated that power to appoint and transfer rests with him.

In June 2015, five officers of Bihar Police joined Delhi Government’s Anti-Corruption Branch (ACB). Jung rejected their employment at the ACB claiming that he was the person in charge even before the new amendment. In the same month, the Delhi government replaced the Home Secretary Dharam Pal and Jung obstructed the decision by vetoing the order. When the AAP government decided to hike circle rates in Delhi for agricultural land, the former LG Jung objected to the decision although the State government has the complete authority to take such decisions. In another instance in 2016, Jung set up a panel to probe over 400 files related to decisions taken by Delhi government. The CM of Delhi deemed it to be illegal.

Kejriwal and the AAP government blamed the former LG and Prime Minister Narendra Modi for the CBI raids of his office, FIRs filed by ACB against Arvind Kejriwal and former Delhi CM Late Sheila Dikshit in water tanker scam, restriction of control on appointing state bureaucrats and general obstruction of decisions.

Anil Baijal, the now LG of Delhi with Defence Minister Rajnath Singh | Source: Wikimedia

On 31st December 2016, Anil Baijal swore in as the Lieutenant Governor of Delhi. While the tussle between AAP and the LG continued, the alleged assault of Chief Secretary Anshu Prakash by AAP leaders at CM Arvind Kejriwal’s residence in February 2018 gave a new momentum to the tug of war.

Following the incident, the IAS association reportedly skipped routine meetings with ministers as a mark of protest but claimed that they have not suspended work. Before that, on December 2017, the turf war between Kejriwal and Baijal reached Parliament, with a Rajya Sabha member claiming that the CM was being treated like a “peon”.

In 2018, the AAP government demanded LG’s approval for the proposal for doorstep delivery of rations and also demanded grant of complete statehood for Delhi and installation of CCTVs. Baijal did not approve both the demands directly and further complicated the process. Kejriwal stated that the LG rejected the demands over “petty-politics”.

In June 2018, Delhi CM Arvind Kejriwal sat in a nine-day long hunger strike at the Lieutenant Governor’s office against the “strike” by IAS officers and Kejriwal wrote to Prime Minister Narendra Modi, requesting him, “with folded hands”, to intervene and end the agitation of the IAS officers.

The Aam Aadmi Party argues that the BJP is hell bent on ruining efficient governance of Delhi through the LG. Critics believe that the tussle has failed the federal system of our Democracy.

Chief Justice Dipak Misra, Justice Sikri and Justice Khanwilkar, in their written opinion devoted a significant portion to explain the understanding of federalism, and its fusion with democracy to achieve an “egalitarian social order”. According to our Constitutional scheme neither the States isolated islands, with their distinct vision, nor the Union government can make decisions that are meant to affect the interests of the States. The Chief Justice highlighted that there should be a sincere effort to avoid conflict and not encroach on each other spheres in a collaborative framework of federalism. To exercise authority, “there should be perception of mature statesmanship so that the constitutionally bestowed responsibilities are shared by them.” To attain the ideal balance in a federal structure, the Chief Justice suggested the Union and the States to have “mutual respect and deference to actualise the workability of a constitutional provision.”

Collaborative federalism involves healthy negotiation and coordination between the Union and State governments to ensure that the governance works within the circumference of the Constitution and in harmony.

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