Tag: Judiciary

  • An Outside View of the US 2024 Presidential Election

    An Outside View of the US 2024 Presidential Election

    What was the voter turnout?

    The big change is that Harris, so far, has lost 9 million voters since 2020, while Trump has gained only 1.2 million. Harris’s count of lost votes will decline as the final votes come in, but the bigger story remains that Harris lost more votes than Trump gained.

    Voter turnout is NOT final, but it is likely between 153 and 156 million, down from 2020 but still the second-highest percentage turnout in 100 years. At a minimum, 107 million adults did not vote (88 million of whom are “eligible” to vote). Thus, 41% or more of the adult population and 36% of the eligible voters did not vote.

    Using the percentage of voter groups who voted for Trump is misleading.  The news remains that the significant change is the loss of Harris voters.

    What were the economic issues?

    Daily survival has become a serious problem for the bottom 65% due, specifically, to the inflation of grocery items and increasing mortgage payments and rent. Aggregate figures don’t reflect this reality.

    Workers’ actual standard of living was worse under Biden than under Trump.

    Real wages in the US remain lower than they were a half-century ago.

    Are there differences between Democrats and Republicans?

    US electoral parties are NOT like those in Europe – they have always been a different version of bourgeois electoral systems. Both major US parties are corporations, not parties with memberships, ideologies, and programs. They are designed like a marketplace of individuals preening for the Presidency, much like the Westminster Kennel Club Dog Show, but only held every four years.

    The Democrats turned over their foreign policy to the CNAS group of neo-con warmongers who will now be displaced.

    The Republicans are also not an actual party; Trump proved this, and what is next for Republicans post-Trump is also uncertain.

    What are the class shifts in the US?

    There is a new stratification of the bourgeoisie, with billionaires as a new factor. The increasingly dominant discourse amongst the capitalist class has the wherewithal to exert its influence.

    Fifty Billionaires put 2.5 billion US dollars, 45% of the 5.5 billion total, into the Presidential election. Of this, 1.6 billion went to the Republicans, 750 million to the Democrats, and the rest to both. The total spent on the election, in all races, was 16 billion, a sign of a kleptocracy, not a thriving democracy.

    washingtonpost.com/elections/interactive/2024/biggest-campaign-donors-election-2024

    There is a concerted effort by a section of libertarian tech billionaires, including Thiel and Musk, to have their hands directly on the levers of the state to control the race for global domination of AI. They believe that they alone should control the advances in the AI space for the world and that the initial next step is what is called Artificial General Intelligence (AGI). These megalomaniacs believe this will begin the control of humans by machine intelligence and, perhaps, in their perverse dreams, the end of humanity.

    A growing number of lesser capitalists, such as multimillionaires, are now being lumped into the upper middle class and the wealthiest one-third of voters. One very important trend to note is that in the last fifteen years, the richest one-third have switched allegiance from Republicans to Democrats.

    Why did Harris lose 6 to 9 million votes?

    Workers were worse off, wages did not keep up, and inflation left a long, lingering impact.  Some of the youth vote left for economic reasons. Others were disillusioned and demoralised by the full-throated support of the genocidal war in Gaza by the Democratic Party. Muslims, while a small group, voted for a third party or Trump.

    Despite the fabrications of the Democratic Party corporate handlers, Harris was, in fact, inauthentic, unlikeable, shallow, and could not mask her history as a prosecutor who spent her life attacking the rights of the poor.

    Dissatisfaction with many Western elected parties is growing – Conservative in the UK, Centre Right in France, right-wing in Germany – all thrown out. Biden left a demoralised Democratic Party and left too late.

    Fear-mongering about fascism was core to the rhetoric of the Democrats, even though no one knows what the term means.  Some voters became annoyed at the harassment by the liberals to vote for them since they were the last rail of defence against fascism. Many people did not believe Trump was, in fact, a fascist, nor did they believe that every one of their family members who listened to Trump was a fascist.

    Apathy is growing and remains a real issue.

    Probably over a million stayed at home as they could not stomach the Democratic Party’s gleeful support for Genocide. Trump’s victory in Michigan was certainly due to this issue.

    Harris played to and fawned over the war criminal Dick Cheney, the architect of the invasion of Iraq and a historic right-wing enemy of the Democrats.  We don’t know how many voters left in disgust. 

    Why did Trump gain votes?

    Trump took advantage of working-class dissatisfaction. Even so, he only gained less than 2 million total new votes. There is no evidence of a widescale shift of working-class votes to the Republicans in this election.

    Working-class women voted for local candidates supporting abortion but voted for Trump for economic and other reasons. Others voted on local issues important to them and then voted for Trump as they felt that despite his unsavoury behaviours, he was more committed to “shaking things up”.

    The billionaire class made sure that Trump had ample funds. Elon Musk’s America Pac spent $118 million handling field operations for the Trump campaign, an unusual role for a super PAC.

    From 2008 to 2020, there was a decline in the percentage of voters supporting the Democrats amongst the bottom 1/3 of income earners in the US.

    ft.com/content/6de668c7-64e9-4196-b2c5-9ceca966fe3f

     

    Too little data is available now to provide a detailed answer about the relatively insignificant number of voters who voted Democrat in 2020 and Republican in 2024.

    What is the assessment of the new cabinet positions announced?

    Trump’s sixteen appointments to date are all vocal supporters of genocide in Palestine. In the United States, there are both Jewish and Christian Zionists. Trump has appointed several Christian Zionists. The majority are China hawks.

    When analysed from a US statecraft point of view, many are extremely underwhelming candidates. These include:

    • Secretary of State: Senator Marco Rubio: He is a rigid, fierce anti-communist.
    • Secretary of Defense: Pete Hegseth, an Army National Guard veteran and Fox News host: He is divisive and has no high-level military experience.
    • Attorney General: Representative Matt Gaetz of Florida: He has no experience in the Department of Justice and has had past legal controversies.
    • Director of National Intelligence: Former Representative Tulsi Gabbard of Hawaii. She has no intelligence background but is perhaps less rigid on international issues, a non-interventionist, and has a friendship with Indian Prime Minister Modi.
    • Ambassador to the United Nations: Representative Elise Stefanik of New York. She is an extreme Zionist, has near zero diplomatic experience, and has focused only on domestic issues, but is loyal to Trump.
    • Secretary of Homeland Security: South Dakota Governor Kristi Noem. She lacks national government experience, and her actions have veered toward radical anti-federalism.

    Due to some of these appointments, US stature in international affairs will likely diminish.

    Trump has brilliantly dismissed the extremely dangerous Pompeo. He has made it clear that few from the first inner group of his cabinet and advisors will return. The world will not miss them. Yet there is little evidence to suggest that Trump has the capacity to lead any group successfully for even an intermediate period. He is known for turning on people and turning them against each other.

    How do we interpret the vote?

    A significant section of the working class understandably abandoned the Democrats in this election.

    There is not a major right-wing shift in US attitudes, but there is a real base for the right.

    The Democratic Party elite is completely divorced from the masses. Parading the loyal royal cultural elite like Taylor Swift, Beyonce, and Bruce Springsteen reeked of wealth, opulence, and tone-deafness.

    Apathy should not be understated. At least 88 million didn’t vote, with a further 19 million disenfranchised.

    Third parties are structurally prevented from winning even a single state in a presidential election. They are structurally locked out of Congress. The United States has locked in a two-party system. Most voters have been captured by this belief.

    Small exceptions to this are wealthy candidates like Ross Perot in 1992 and Robert Kennedy Junior.

    There was huge intimidation at the end against supporters of third-party candidates, which depressed their vote even more than usual. In this just-held election, the Party for Liberation and Socialism Candidate Claudia Cruz received 134,348 votes so far.  Claudia Cruz’s 134 thousand votes is the highest number of votes for an explicit communist in American history. It exceeds the CPUSA’s William Z. Foster’s previous record of 120,000 votes in 1932. The 1932 vote was a higher percentage of the population as the US was smaller in 1932. These facts are a reminder of the long-term campaign of anti-communism within the US.

    Capital is clearly happy with Trump’s win, as evidenced by the November 6th celebration rally on Wall Street. They disagree with the liberal hype that he will bring an end to American society.

    Despite the lies of the liberals, the facts are that Trump formally initiated the New Cold War on China. His inner team are more fiercely anti-China than the Democrats, who are more bound to the Ukraine War.

    Trump has fewer restraints, controlling the Senate, House, Supreme Court, and Presidency.

    He could well launch a Third World War.  It would be a mistake to underestimate this danger.

    Other things people outside the US should know

    There is a tendency in some parts of the Global South to have a simplistic and false analysis that any enemy of the liberals is a friend of the Global South. This is a severely flawed argument. The imperialist far-right is not a good guy, a cultural conservative who wants to protect families and cultural life. Inside the US, conservative culture is tightly tied to slavery and genocide. It is misogynistic, racist, militaristic, and reactionary. We should not confuse the histories of Iran, Turkey, India, Ghana, and China with those of the US.

    Welcoming divisions in the enemy camp is often entirely correct. But Communists, socialists, and true democrats do not support reactionary views and always side with the people, not the far-right ideologues.

    There is also great confusion about MAGA and MAGA-Communism. First, Make America Great Again (MAGA) means returning (the second “A” in MAGA) to the full glory of the US industrial past. But what was that past? It was, in fact, the total economic, political, military, and racial subordination of the peoples of the Global South states to the US. It was the century of humiliation in China. This is not a return to be welcomed by history. MAGA is a profoundly reactionary, unacceptable outcome and concept.

    One of the greatest poets in the United States is Langston Hughes. One of his poems was called “Let America Be America Again.” But this was a parody as the actual statement was made in the refrain, “America Never Was America to Me”. The meaning of this poem was the false portrayal of the United States as ever having a glorious past, which was never true for the slaves or the working class.

    Second, there are a handful of personalities in the US who have taken the great word communism and sullied it with the idea of returning to this falsely idealised America. The old “strong” American industry was built on the backs of low-paid workers in the mines in Africa and elsewhere.

    Desiring a real communist path is a good thing. But tying it to an imperialist past, a past of violence, with reactionary views is the opposite path taken by Lenin, Mao, and Fidel.

    There is also a dangerous tendency to simply reject the liberal concepts of identity politics and embrace the values of far-right conservatism while lacking scientific thinking about the plight of women and other vulnerable groups.

    The CPC led the country in the first national Soviets in Ruijin in the struggle to abolish the prejudices of feudalism and emancipate women and national minorities in China. However, these rights have not yet been achieved in many countries, as there has been no communist revolution.

    True Communism is the path to advancing the overall interests of the working class in all countries, including women, national minorities, and other vulnerable groups.

    The Republican voter base in class-terms is the lower-middle class, which is overwhelmingly white, suburban, rural. It is amplified by fundamentalist Christians and the Republican regional strongholds.

    There are six “ideological” trends, all extreme right, in the Republican camp:

    1. Populist demagogues
    2. Extreme Libertarians
    3. Fanatical Christian-Zionists
    4. Virulent anti-communists
    5. Dangerous AI-obsessed Tech billionaires
    6. Complex conservatives

    The US economy will continue to perform poorly but better than the rest of the West. It will continue to use its dollar hegemony, reinforced with sanctions, to remove hundreds of billions from the Global South and to force Europe, Australia, and Japan to subordinate their economic interests to those of the US.

    The actual US budget for the military was $1.8 trillion last year. Significant cuts seem improbable.

    There is now a permanent Black upper middle class that produces a Black mis-leadership. This mis-leadership group has created two decades of Black war criminals and apologists for empire. The rise of this mis-leadership gang, however, should not overshadow the fact that most blacks remain oppressed and exploited.

    The anti-immigrant politics in the U.S. is directed primarily at undocumented immigrants from Mexico, Central America and the Caribbean.

    But there is a false belief that all immigrants in the US are working class and progressive – it is just not true. An important stratum of non-working-class immigrants in the US are amongst the most virulent defenders of US atrocities in the world.

    There is a belief that there is a conspiracy of some secret group of members of the military and government that decide most things, which they call the Deep State. This is a lazy concept. It denies that all states have a class character and permanent army. In the US, it has been estimated that over 5 million people have security clearance, and many have near-lifetime employment. There is no need for conspiracy theories. The US does have an advanced state that functions on behalf of capital. This state manages the affairs of the often-competing large capitalists and is now increasingly primarily favouring the billionaires amongst the capitalist class. Thus, a better way to see the US State is through the lens of Mao, Lenin, and Marx and not as some inexplicable conspiracy.

    There is a special relationship between the US and Israel, both extreme white-settler states. In the US alone, over 30 House, Senate, and cabinet members are dual citizens of the US and Israel. Israel does not control the US, BUT they are socially a duopoly.

    They are the CORE of Ring 1 of the Global North, the core of the imperialist bloc, along with the UK, Canada, and Australia.

    The long-term trend is clear – bourgeois liberal democracy is failing globally.

    What is the domestic consequence of the vote?

    Since 2016, the very top of the capitalist class has led and mobilised a neo-fascist movement. Increasing levels of force and lawfare will now be used internally inside the US.

    Trump himself is not a fascist per se. He is super-egoistic and believes he can act with near absolute impunity.

    But he is riding on, and a beneficiary of changing class phenomena.

    Fascism is not so much an ideology as a structural class relationship in which the lower-middle class, which has a revanchist ideology, is mobilized by big capital during a period of internal and external disequilibrium.

    The New York Times and Financial Times use the word fascism as a scare tactic to maintain their role and influence in the state. Neo-fascism is a more precise word than fascism at this moment to describe the changes in the US.

    Historically, there are a few things that are necessary to define a fully fascist state in imperialist countries. One is that the state uses methods of control it would typically use only for its colonies and neo-colonies, i.e., extreme widespread violence and force.  The other is that they resort to the overthrow of the constitution.

    The Constitution is unlikely to be changed directly. However, the original Constitution, an eighteenth-century document, has many gaps that can be exploited.

    Radical and extreme legal changes are thus probable. There will be a reversal of 70 years of civil rights.

    Overall, it remains to be seen how far the capitalist class is willing to go.

    State capacity in many areas other than defence and border police will be diminished. Trump 1 saw big cuts in the State Department.  Even with Rubio present, it is unlikely to be refunded to its old level.

    The Billionaires will play a direct role in key tasks, from meeting Zelensky to chain-sawing government departments. Some departments, like Agriculture, Education, and Health and Human Services, are, in fact, decrepit, corrupt and dysfunctional. But a billionaire-led revamp will result in an unsavoury privatized equally dysfunctional capitalist state bureaucracy.

    Trump is committed to a long-term isolationist strategy.  But the US has over 900 military bases abroad. It has fully supported the expansion of Israel’s War in the Middle East, building up its military in the process.

    Trump will not block the infrastructure projects that were voted in during Biden. The US recognises that its lost manufacturing capacity is a strategic deficit in military supply.

    The brunt of the cutbacks will still increase the suffering of the 150 million working-class poor in the US.

    The Left will be even more subjected to severe repression. Rubio is salivating.

    What are the possible international consequences?

    Despite the recent Zelensky meeting, the US will probably push a cease-fire and curtail the Ukraine war. Crimea is off the table. The current military lines will be the starting point. Doing this could reduce the immediate danger of a nuclear war. In April of this year, both Vance and Rubio voted against the 95-billion-dollar US military aid bill for Ukraine.

    With Israel, there are three main possibilities:

    1. Trump curtails Netanyahu and calls for an end to Lebanon, no regime change in Iran, and an unjust peace agreement.
    2. He falls prey to the Christian Zionists and continues Genocide against Palestine.
    3. He goes against his no-war statements and approves an escalation with Iran.

    We don’t know, but option one is not impossible. Trump wants a deal with Saudi Arabia.

    A few days ago, MBS was forced to call it a Genocide, a rare statement from a long-term US ally.

    With China, there are also three possibilities:

    1. Trump says tariffs are his favourite word in the English language and wants to increase them and eliminate domestic taxes.
    2. Rubio and other super China-hating cabinet members push him to escalate.
    3. US national security elements and US tech moguls like Peter Thiel push US military preparations.

    On the question of Taiwan, some in the Global South fall for the liberal messaging soundbite in the West that Trump, the dealmaker, will sell Taiwan for a fee. This would bring strong resistance from the US military and large sections of the anti-communist members of his core group. This is a very unlikely case.

    The world should not be confused if Trump does initiate a ceasefire in Ukraine and pressures Netanyahu to curtail the Genocide. Neither of these actions reverses the long-term trend of the US towards militarization against China. Nothing Trump does will turn around anaemic long-term US economic growth.

    China is still on target to surpass the US in current exchange rate GDP within 10 years.

    The US state is still on a long-term course to use its self-perceived military supremacy to destroy what it perceives as the Eurasian threat. It remains committed to dismembering the Russian Federation and overthrowing the CPC. The imperialists believe this is the path to a thousand-year reign of unilateral power.

    The US will continue, unabated, its strategy of seeking nuclear primacy and what is called the “counterforce” strategy, which plans on the use of a first strike or launch of nuclear weapons. Evidence of these dangerous changes in US military strategy can be seen by their unilateral withdrawal from the following treaties:

    • 2002 (Bush): the Anti-Ballistic Missile (ABM) treaty.
    • 2019 (Trump): the Intermediate Nuclear Forces (INF) treaty
    • 2020 (Trump): the Open Skies treaty

    Tucker Carlson has Trump’s ear for now and is not a proponent of military conflict.

    In 2023, a four-star general, Minihan, claimed that the US would be in a hot war with China in 2025. These are not accidental statements.

    It is unknown if Rubio, some of the far-right libertarians, and CNAS-influenced military forces can overcome Trump’s dislike of military conflict.

    The US is likely to increase its attention on Latin America and increase support for the far right like Bolsonaro and Milei.

    Large-scale aid to Africa is not likely to happen. The Angola railway project is now improbable.

    Final comments

    The US state is still on a long-term course to use its self-perceived military supremacy to destroy the Eurasian threat.

    The US has adopted counterforce and nuclear supremacy as its prime military strategy.

    The threat of war has not changed due to a new administration. Only, perhaps, the speed at which it will be accomplished.

    The economic and political assaults against the US working class will escalate, especially against progressives.

    The state will continue to tighten its grip on the so-called bourgeois democratic freedoms by further restricting voting rights, civil rights, and freedom of speech.

     

    This article was published earlier on MRonline 
    The article is republished underCreative Commons  Attribution-NonCommercial-NoDerivatives 4.0 International License.

    Creative Commons License

     

     

  • Does Same-Sex Marriage ‘Rock Societal Values’?

    Does Same-Sex Marriage ‘Rock Societal Values’?

    More than 30 countries have legalised same-sex marriages. Democracies around the world have gone to lengths to accommodate practices of their various constituents and sub-nationalities that make up their countries, even if they earlier had unitary or uniform practices

    Irrespective of whether one is a votary (and staunch believer) of either of the theories – evolution or creation – human society, undoubtedly, evolved and subscribed to unitary customs and practices in its initial and early development. From the primordial lack of any form of marital ties, the institution of marriage took form in myriad ways in different societies in diverse settings, and depending on the local ecological, socio-cultural and economic conditions and backdrops, distinctive marital practices emerged. The societies concerned did accept such practices and over time these got legitimised.

    What is to be emphasised here is that as societies grew, the levels of social and cultural practices started taking different shapes, often in the wake of economic changes and developments. It was inevitable for the smooth functioning of the societies to adapt to these various emerging marital practices and adjust to them. The debate, and consternation in certain quarters, both “official” and social, that is being “encountered” today as regards same-sex marriage is bordering on resistance and stone-walling.

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  • For Democracy to be real and vibrant it needs  people with impeccable Integrity at the Helm

    For Democracy to be real and vibrant it needs people with impeccable Integrity at the Helm

    Democracy at its core is the power of the people. But all over the world, it is becoming anything but that. Truly the fear is that democracy is dying, as most nations that call themselves democracies are in effect controlled by capitalist oligarchs and majoritarian fascists. The power of money and vested interests have vitiated democratic processes worldwide. Michael Hudson calls the USA, once the beacon of democracy, a deep state controlled by three main oligarchic groups: Military Industrial Complex (MIC); Oil, Gas, and Mining (OGAM); and Finance, Insurance, and Real Estate (FIRE).  Add the new emerging giant group – Big Tech – as the fourth. The UK, the world’s oldest parliamentary system, is in shambles as a democracy. India, seen as the world’s largest democracy, is heading the majoritarian way. Majoritarianism is not democracy but tyranny. This is what the Father of the Nation had to say about democracy at the height of the freedom struggle:

    My notion of democracy is that under it the weakest should have the same opportunity as the strongest….No country in the world today shows any but patronising regard for the weak….Western democracy, as it functions today, is diluted fascism….True democracy cannot be worked by twenty men sitting at the centre. It has to be worked from below by the people of every village.”    – Mahatma Gandhi

    His words could not have been more apt for the times we live in. This quote is placed in the Sabarmati Ashram. One wonders how many take a moment to stop by to read it carefully and take in the import of his words. The Mahatma is the shining example of personal integrity, character, and moral courage. Since democracy is primarily driven by people and politics, it is vital that those at the helm of governance display impeccable integrity to ensure real democracy.

    Professor Arun Kumar PhD, an eminent economist and our adjunct Distinguished Fellow, writes eloquently on the subject and says ‘absence of persons with impeccable integrity is the bane of India’s democracy’. TPF is happy to republish this article.

    A version of this article was published earlier in theleaflet.in

    TPF Editorial Team

     

    Gandhiji said that institutions reflect what the people are, and that they cannot function as they are intended to unless those manning them are people of integrity.

     

    A Supreme Court Constitution bench recently said that the Chief Election Commissioner should be one “with character” and who would not get “bulldozed” – a self-evident truth. Further, it suggested that the selection committee for the post should consist of an independent person like the Chief Justice of India (‘CJI’). It added that people and bureaucrats like the former Chief Election Commissioner late T.N. Seshan, who could act independently, “happen once in a while”.

    Perhaps without meaning to, these comments indict the election commissioners appointed since Seshan’s time. Therefore, they have given voice to recent public concerns about the independence of the institution.

    Integrity of Constitutional authorities

    Will the CJI’s presence in the committee to appoint the Election Commissioners make a difference? The CJI is a member of the committee to appoint the Director of the Central Bureau of Investigation (‘CBI’). But the Supreme Court itself has called the CBI a “caged parrot”. The problem arises since the party in power would prefer a sympathetic person as an Election Commissioner, not an independent person.

    The appointment of Supreme Court judges has become contentious, with the judges and the Union Law Minister currently at loggerheads. Judges themselves have talked of pressures and counter pressures from within and from the government. Appointments of some who are seen to be inconvenient have been withheld. Earlier this week, a division bench of the Supreme Court mentioned that by delaying appointments, good people are dissuaded from becoming judges. It is suspected that the appointment of certain judges is delayed so that they do not become CJI in due course of time. It appears that pliability is a desirable attribute to becoming a judge.

    The Supreme Court, by raising the issue of the appointment of the Election Commissioner, has also brought into question the integrity of the Prime Minister (‘PM’), who is key to the appointment. Thus, doubt has been raised about the country’s constitutional authorities, including the judiciary. The executive, in any case, does the bidding of the political masters. So, where are the people of integrity in the corridors of power in India?

    Defining integrity

    Institutions can run as they ought to only if they are manned by people with integrity. Its absence from the top down is a societal challenge. Mahatma Gandhi in ‘Hind Swaraj’ (Indian Home Rule), more than a century back, said, “As are the people, so is their Parliament.” Since the Parliament is key to the functioning of a democracy, this flaw afflicts institutions down the line.

    PMs heading the government are political persons. Since politics is about power, they try everything to keep themselves and their party in power. Their election depends on the support of vested interests who fund both them and their party and therefore, dominate the working of the party. So, staying in power is a high stake business which requires manipulation of the systems in their favour.

    The Supreme Court, by raising the issue of appointment of the Election Commissioner, has brought into question the integrity of the Prime Minister, who is key to the appointment. Thus, doubt has been raised about the country’s constitutional authorities, including the judiciary. 

    There is then a separation of the interest of the nation, and of the party and its head, the PM. Consequently, for the party, integrity means that which serves its interest, which is not necessarily what the nation needs. This separation is what Gandhi implies in Hind Swaraj. No wonder, it is only a rare PM who has the moral integrity to select independent people for important Constitutional positions like the Election Commission and the judiciary.

    Politicians go through years of such conditioning before becoming PMs and it becomes their second nature. It cannot be expected to change upon becoming the PM. The opposition in a democracy is supposed to check the misuse of power. But the leaders of the opposition also go through the same conditioning as leaders of the ruling party and therefore, act no differently. Politicians often pride themselves on managing conflicts by making compromises and accepting the manipulation of power. So, politicians take a pliable stand, based on the chair they occupy – in power or out of it.

    Gandhi on parliamentary democracy

    Gandhi, commenting on the British Parliamentary democracy in Hind Swaraj, wrote, “The Prime Minister is more concerned about his power than about the welfare of Parliament … [and] upon securing the success of his party.” He added that they may be considered to be honest “because they do not take what is generally known as bribes… [but] …they certainly bribe the people with honours.” Therefore, “… they neither have real honesty nor a living conscience”.

    Regarding the Members of Parliament who could keep the PM in check, he wrote, “… Members are hypocritical and selfish. Each thinks of his own little interest. … Members vote for their party without a thought.” Regarding the media, another institution that could help check misuse of public authority by creating public awareness, he wrote that they “are often dishonest. The same fact is differently interpreted … according to the party in whose interest they are edited.” Gandhi was also scathing about the legal profession when he wrote, “… the profession teaches immorality …”.

    Gandhi was pointing to the fundamental flaws in the functioning of democracies. It also applies in the current Indian context. He was pointing to weak public accountability of those in power since public awareness was low. The public has little choice but to accept the existing imperfect political system. The British Parliamentary democracy may be the best available system, but it is highly flawed and its defects appear more starkly in weak democracies like that in India.

    We may be called the largest democracy in the world and we have succeeded in preserving it in the last 75 years, but it is frayed, as made clear by the current political problems facing us.

    Feudal attitudes and democracy

    Indian democracy’s weakness is a result of the persistence of feudal consciousness among a majority who easily accept authority. This is true even in institutions of higher education, where people are expected to be the most conscious. Most of these institutions are headed by academics with a bureaucratised mindset, who expect compliance and treat dissent as a malaise to be eradicated. In turn, they yield to politicians and bureaucrats.

    A feudal system has its own concept of integrity. The ruler’s interest is broadly the nation’s interest. This congruity breaks in a parliamentary democracy where the consciousness is feudal. In such a case, integrity as defined by national interest is likely to be subverted, as is visible in India.

    In 1947, India with its feudal consciousness ingrained and copied parliamentary democracy, not because people were ready for it, but because the leadership desired it since they wanted to copy Western modernity. People blindly accepted it since it came from their leaders, not because they understood it. Liberality at the top frayed post mid-1960s, as retaining power became more difficult and leaders turned increasingly authoritarian. So, while retaining the façade of democracy, it increasingly got hollowed out.

    In 1947, India with its feudal consciousness ingrained and copied parliamentary democracy, not because people were ready for it, but because the leadership desired it since they wanted to copy Western modernity. People blindly accepted it since it came from their leaders, not because they understood it.

    The political economy also pushed policies that marginalised the majority in the interest of the few. The black economy grew rapidly, making elections formalistic and draining them of their representational character. Most importantly, the rulers realized that neither the people ask for liberality nor do they demand accountability from leadership.

    Need for accountability at the top

    Accountability has to come from the top, whether in politics or in the government or the courts. It is not going to automatically come about without public pressure. A few freebies are enough to divert public attention. So, is accountability a luxury when basic issues are many?

    The lack of integrity in public life is costly. The nation’s energy is diverted. Reforms favouring the marginalised are circumvented. Laws are framed ostensibly to improve matters, but when the spirit is not willing they fail to deliver. Perfect laws are not possible, since human ingenuity can circumvent any law. The result is more complex laws and growing cynicism.

    What Gandhi pointed out is playing itself out in India. He said institutions reflect what the people are, and that they cannot function as they are intended to unless those manning them are people of integrity. But, can people with integrity emerge when it is missing all around, feudal consciousness pervades and people bend to authority?

    Reform requires us to resolve the contradiction between parliamentary democracy and the prevailing feudal consciousness. This cannot happen from above. It requires the transformation of the people’s consciousness – Gandhi’s unfinished agenda.

     

    Opinions expressed are those of the author.

    Feature Image Credit: Gandhi in a public address – Painting at Sabarmati Ashram.
  • PM Modi May Decry ‘Revdi Culture’ – But it Still Runs Our Political Economy

    PM Modi May Decry ‘Revdi Culture’ – But it Still Runs Our Political Economy

    There is little doubt that the practice of handing out freebies undermines both democracy and development. But the problem doesn’t lie just with the opposition

    Constitutional authorities in India have recently spoken about key challenges the country is facing.

    The Chief Justice of India (CJI) has said that there is “diminishing” space for the opposition, that there was no longer any mutual respect between the Union government and the opposition, and that these developments pose a threat to Indian democracy.

    The chief minister of Rajasthan recently spoke about lack of “tolerance” in the country and urged the prime minister to speak out against violence.

    The Union law minister flagged the issue of pendency of cases in courts – almost 5 crore.

    Finally, the CJI blamed the government for the inadequacy of judicial infrastructure and lamented that 80% of the 6.1 lakh prisoners are undertrials and the “process has become the punishment”. He labelled prisons as ‘black boxes’ and prisoners the most vulnerable.

    The CJI’s comments a few days later in Ranchi point to the anguish in the upper echelons of the judiciary when he said that media is “running kangaroo courts”, expresses “biased views” and runs “agenda driven debates”. He stated that many issues are difficult for the judges to decide but the media jumps into the fray all too quickly. He highlighted the threat to the judges after retirement. He also responded to the argument that judges – being unelected – should not get into legislative and executive areas by pointing to the constitutional responsibilities placed on the judiciary.

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  • Higher Judiciary Needs to Take More Suo Motu Action

    Higher Judiciary Needs to Take More Suo Motu Action

    The higher judiciary must proactively exercise its powers to intervene suo motu to deal with a spate of incidents that rip the country’s social and communal fabric.

    On 14 June, six former judges of the Supreme Court and different high courts, along with six senior advocates, urged the Supreme Court to take suo motu action on the recent cases of bulldozing and demolition of houses of protestors against the remarks about the Prophet made by spokespersons of the Bharatiya Janata Party.

    In the appeal, directly addressing state actions in Uttar Pradesh, the letter states:

    [I]n its role as custodian of the Constitution, we … urge the Hon’ble Supreme Court to take immediate suo motu action to arrest the deteriorating law and order situation in Uttar Pradesh, specifically involving the high-handedness of the police and state authorities, and the brutal clampdown on the fundamental rights of citizens…

    We hope and trust the Supreme Court will rise to the occasion and not let the citizens and the Constitution down at this critical juncture.

    This may seem like an unprecedented appeal coming from legal luminaries, but action by the Supreme Court is well within the judicial realm, as the higher judiciary in India has the mandate to initiate proceedings on its own, without being petitioned by a claimant or party.

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  • The Inefficiencies of India’s Justice System

    The Inefficiencies of India’s Justice System

    The present system of justice delivery is inefficient precisely because it is meant to be manipulated by our rulers to achieve their goals.

    Aryan Khan’s case reflects what is wrong in India’s system of justice. He was caught for allegedly being part of a nexus with international or national drug dealers. Much hype followed since he is the son of a mega movie star. Media, political parties and the general public presented, commented and followed the case.

    As suddenly as the case erupted, it has been closed with the argument that no narcotic drugs were found. It is common knowledge that drugs flow in parties like the one that was planned on the ship. But, here a particular group of youngsters were targeted and it was not a general raid. What was the plan?

    Message and Extortion

    A Minister in the Maharashtra government accused the agency of using such cases for extortion. He was later arrested for having dealings with the family of a notorious don. If the allegations against him are true, he would know about use of drugs and the ways of functioning of the agency involved. So, his allegations about extortion are likely to be correct. The question then is, who was the real target and has a deal been struck?

    The public will never get to know the truth but, what an inefficient way of doing things. It cannot be that some officer initiated the case on his own for extortion and harassment of a high profile person. Could the extortion not have been done quietly without media hype and public exposure? Mafia is known to extort without advertising their action. For the powers that be, it was also necessary to send a message to their detractors. The case is symptomatic of what the system is capable of.

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  • How Do We Make the Wheels of the Police and Criminal Justice System Run Faster?

    How Do We Make the Wheels of the Police and Criminal Justice System Run Faster?

    The system of law enforcement in India encourages illegality and checks it only when it is in the interest of the rulers.

    The end of April 2022 saw three significant news items about justice delivery in the nation.

    Attorney General K.K. Venugopal said that 4.8 crore cases are in the courts and it had become a hopeless situation since “… litigants’ fundamental right to speedy justice lay in tatters …”.

    The Chief Justice of India, at the conference of chief ministers and Chief Justices, said that courts are burdened since the executive and the legislature are not doing their job.

    Finally, Barpeta District Court Judge while granting bail to Gujarat MLA Jignesh Mevani castigated police functioning. He appealed to the high court to “prevent registration of false FIRs like the present one… Otherwise, our state will become a police state.” He suggested that policemen be required to wear body cameras and CCTV cameras installed in police vehicles to prevent fake encounters and registration of false cases.

    These three news items are interlinked. A large number of cases in the courts are a result of the lack of proper functioning of the executive, poorly drafted laws, and worse, their misuse. The Mevani case points to the registration of a false case. Anticipating that he may get bail, a false case was lodged in advance to arrest him as soon as he got bail.

    Clearly, politics was at play which ended up wasting the time of the judiciary and the executive. The case was perhaps meant to send a signal to other opponents of the ruling dispensation, and as the judge noted, it weakens the “hard earned democracy”.

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