Tag: Parliament

  • Let’s move from Unitary State to Union of States

    Let’s move from Unitary State to Union of States

    The delimitation exercise now underway will reduce the weightage in Parliament of the states that did better.

    India’s Union of States has reached a critical impasse. Its diversity bound together by the Constitution that was meant to make us a modern, democratic and secular state based on equality and equal availability of justice, education, healthcare and social services, and division of government based on functions is now under grave challenge. India was never intended to be a saffron-hued monochromatic state, but a multi-ethnic, multi-cultural and multi-lingual state whose diversity made it a nation as never before. Its demographics compound its problems by threatening to swamp the non-Hindi/Hindutva belt into a saffronised dominion.

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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.
  • When Democracy is not Enough?

    When Democracy is not Enough?

    This Op-Ed was published earlier in ‘The Tribune’.

    If we do not stand up and reclaim the space we have conceded to criminals and other low-life who now sit in judgment over us, it will be our children who will pay the price in the coming years.

    The Preamble to the Constitution of India clearly states that India is a sovereign, socialist, secular, democratic republic. But as the ongoing public discourse of our political masters clearly shows, we are more a democracy and less a republic. We may not truly be aware of the subtle difference between the two or even be bothered to give this aspect much thought. But make no mistake, if we are to progress and develop as a nation, we cannot do without either. History tells us that the term ‘democracy’ originated from the Greek words ‘demos’, the common people, and ‘kratos’ or strength. The first democracy was the city of Athens in 508-507 BC where Cleisthenes, known as the father of Athenian democracy, introduced the concept of rule by the common people. However, representational democracy, as we know it today, is very different from what was practised then and is today defined by its one major characteristic “rule of the majority”, which can easily devolve into mob rule or tyranny of the majority, or even worse, anarchy.

    Benjamin Franklin once said: “Democracy is two wolves and a lamb voting on what to have for lunch.” The only thing that keeps the lamb off the lunch menu is the fact that we are a republic — not a perfect one but still one nonetheless. What that basically implies is that the country is not a private concern of the rulers but is considered a “public matter” and belongs to each one of us regardless of caste, creed, gender or ethnicity. While this obviously demands that our rulers are elected and not inherited, as quite a few tends to be, more importantly, it requires them to rule for the common good, an aspect of governance on which philosophers, such as Plato and Aristotle, wrote volumes. This is, of course, only possible when there are a set of laws and those elected as leaders follow them both in letter and spirit.

    Unfortunately over the past few decades, common good seems to be ignored in the face of parochial and self-serving interests of our leaders, as the rule of law is often ignored or rendered irrelevant. It is no wonder then that our legislatives at the Centre and States have a surfeit of members facing criminal charges — 1,765 MPs and MLAs at last count, or 36 per cent facing over 3,500 cases as per the Government; though some contend the numbers are vastly understated.

    While the Supreme Court may well view the entry of criminals into legislative bodies as akin to “termite to the citadel of democracy,” it cannot make laws to keep them out. That, the court said, is the domain of Parliament, an institution that is yet to show a firmness of resolve to stem the rot. Ironically, it is the actions of the apex court itself which gave a fillip to criminals joining politics with its farcical ruling in the infamous JMM bribery case, involving the bribing of MPs to defeat a no-confidence motion brought against the then Prime Minister PV Narasimha Rao’s Government way back in 1993. These allegedly corrupt MPs were unashamed and blatant enough to openly deposit the bribe money in a public sector bank. They were subsequently prosecuted under the Prevention of Corruption Act but were absolved by the Supreme Court’s interpretation of Article 105 of the Constitution. This Article states that (1) MPs shall enjoy freedom of speech in Parliament and (2) shall not be held liable to any proceedings in any court in respect of anything said or any vote given in Parliament.

    The court held that the alleged bribe-takers, who had voted in the House, were “entitled to the immunity conferred by Article 105(2)”. It also went on to direct that the bribe-givers must be prosecuted, as also the bribe-takers who did not vote. Certainly, a unique legal justification for the concept of honour among thieves.

    The apex court has now attempted to correct the existing state of affairs by directing the Government to set up 12 fast-track special courts to try cases against the legislators.

    In addition, it has also directed all political parties, which give tickets to persons with criminal cases pending against them, to publicise the information on the party websites, apart from issuing a declaration in “widely circulated” newspapers and on electronic media after the nomination is filed.

    However, there is little doubt left that the “centre of gravity” seems to have shifted in favour of the criminal legislators and they seem to have become indispensable to parties for grabbing power. The sad truth is that actions taken by the Supreme Court now are of little consequence, nothing more than closing the barn door after the horse has bolted.

    While regular and reasonably fair elections have ensured that we continue to enjoy the fruits of a vibrant democracy, the same cannot be said for the state of our Republic. The gradual decline of values and the rule of law have ensured that the common good is of little concern to our political class who are quite happy with the status quo. Neither the judiciary nor the bureaucrats can bring about change for the better that is required. It is, therefore, left to the common citizen to act. If we do not stand up and reclaim the space, we have conceded to criminals and other low-life who now sit in judgment over us. It will be our children who will pay the price in the coming years.

     

    The writer is a military veteran, a Consultant with the Observer Research Foundation and Visiting Senior Fellow with The Peninsula Foundation, Chennai. The views expressed are the author’s own.