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Wednesday, September 28, 2011

Ruling Clique Vs Democracy

The idea of ‘Democracy’ has gone awry in modern India. The spontaneity and universality of the people’s war cry against corruption in higher government echelons has scared not only those in power in the UPA government but also those in the Opposition smarting to return to power sooner than later. They are all set to unite and will flock together whenever any Lokpal shot is fired. The recent conclave of all political parties called by the government to discuss the format of Lokpal Bill has given us enough insight into the mindset of India’s political class. Earlier, the Congress spokesman, Manish Tiwari had called civil society activists like Anna Hazare ‘un-elected tyrants’, thereby suggesting that tyranny is a function and prerogative of the ‘elected’. It is like a thief who, chased by the victim, cries for help and expects the onlookers to save him and punish the victim. His mentors in the government, Pranab Mukherjee, Kapil Sibal, Chidambaram and many more readily lent their music to this anti-civil society chorus. Later, after the all party meet in New Delhi, Lalu Prasad Yadav in his idiosyncratic style ridiculed peaceful mass movements by civil society activists and called them ‘a threat to democracy’. Almost all political parties seem to empathize with this notion: people being a threat to democracy – a threat unto themselves! If peaceful mass movements are a threat to democracy, what better democratic methods would they suggest for the people to make their voice heard and heeded by the government?

Are they really worried about ‘Democracy’? Or is their very notion of democracy different from what people hold it to be – a government of the people, for the people, by the people? The fears and concerns expressed by our politicians, however, betray their skewed conceptual interpretation of the great idea of democracy. They now assume themselves to be the embodiments of ‘Democracy’. This essentially connotes a privileged group of parties and individuals, who are off the people, force the people and buy the people to perpetuate their exploitation.

Election manifesto is a written undertaking each political party elaborately publicises committing themselves on the eve of elections in the service of the people assuring them with specific plans and projects within their tenure as people’s elected government. One would wish these manifestoes were to serve as reference points and constant reminders for the ruling parties with periodic performance audit posted on public domain. Sadly though, these undertakings are dumped as garbage soon after elections as leaders and parties go off the all the people, to force the good people and to buy stooges to pursue their undeclared aims. Selectively employing the Chanakya stratagems of ‘saam’ (persuasion), ‘daam’ (bribe), ‘danda’ (coercion), and ‘bhed’ (divide), our leaders have mastered the art of ruling by creating safe zones and sanctuaries for unhindered exploitation of public resources. They are highly innovative in crafting and selling dreams to the people hungry and eager to alleviate their suffering. They deftly entice and win over the poorest of the poor by doling away subsidies, caste based reservations and occasional freebies that serve to perpetuate their dependence on the political masters. It is from poverty that our politicians earn their fortunes in the form of votes and even notes that are easily siphoned from the subsidies, quotas and a host of schemes and programmes meant for the poor. ‘Long live Poverty; we will keep you alive’ could well be today’s political slogan – if only truth were to prevail.

This is best explained by the government’s stubborn stand to keep the most powerful people out of Lokpal’s ambit – the Prime Minister, Judges of High Courts and Supreme Court and MPs. And this is in spite of the fact that there are more than 160 sitting MPs in the present Lok Sabha against whom there are cases registered in courts of law, a lot of them facing multiple charges including serious crimes like murder. There are MPs and at least one minister already in jail with some more in the pipeline. Immunity provided to MPs for their conduct within the Parliament was intended to protect and encourage people’s representatives to serve people’s cause without fear or worry, not to get away with misdeeds like the JMM bribery case, ‘paid queries’ case or the blatant horse-trading during ‘confidence motion’ to save the Manmohan Singh Government (UPA 1) when MPs waved bundles of notes in the well of the House. The presiding officers (Speaker in the Lok Sabha and the Chairman in the Rajya Sabha), they say, are empowered to deal with delinquent members. There have been innumerable cases like these and more of gross misconduct by MPs, but no member has ever been dismissed from membership, even though some of them should have been convicted and jailed. Yet, they do not want them to be within Lokpal’s jurisdiction. Why?

Today, while there are ministers, MPs and senior bureaucrats facing enquires and trials for serious embezzlements, there appears no end to the deluge of scams that continues unabated. With Maran also now sacked and almost set on his way to Tihar, the UPA government appears to be held precariously by sand walls which threaten to crumble and wither in the clammy humid monsoon of scams. In such a vivid scenario how can you think of ‘corruption’ in high places without Ministers, MPs, bureaucrats and judges – the privileged categories they propose to keep out of Lokpal’s reach? Willing accomplices and patrons in positions of power come handy to lobbyists and their corporate clientele to manoeuvre government decisions in their favour by circumventing rules and procedures. To build and foster a conducive system, it is necessary for the ministers and bureaucrats to retain control, direct or indirect, over the investigating agencies like CBI and, as far as possible, over the so-called autonomous bodies like Central Vigilance Commission, Central Information Commission, Election Commission, other national Commissions and even Judiciary through a convergence of common interests where everyone gains – materially or otherwise – on reciprocal basis except the state and its people. And the nexus flourishes and proliferates. Of course, there have been individuals of great character and verve who, as heads of such bodies, meant business and refused to give in to political or bureaucratic pressures and restored public faith in institutions like the offices of CEC and CAG. These are rare examples though. Most of the institutions of democracy have lost their sheen and credibility, the PAC deadlock being the latest example.

An analysis of how some key posts are filled at the top echelons further clears doubts, if any. The first defect lies in the selection procedures for the autonomous bodies. For example, a selection panel comprising the Prime Minister, Home Minister and Leader of the Opposition in Lok Sabha presupposes that the government nominee shall be appointed making assent or dissent of the third member (Leader of the Opposition) irrelevant as was done in the case of PJ Thomas who became India’s Chief Vigilance Commissioner (CVC) despite serious objections raised by Sushma Swaraj on his integrity. Technically, no impropriety was committed in this case because the principle of a majority 2:1 upheld fairness of the selection legally. But on grounds of ethics and need posts like CVC to be held only by men or women of unimpeachable integrity, this appointment brought us all shame and compelled the Supreme Court to intervene.

Dr Ketan Desai, President, Medical Council of India, was caught in April 2010 taking Rs. 2 crores bribe for granting government recognition to a private medical college. Much earlier, he was also convicted by the Delhi High Court. Yet, thanks to hefty cash packets, he rose to hold this top position in medical profession. Riding on his clout with ministers and bureaucrats, he was audacious enough to elevate unqualified people of dubious credentials to positions meant for highly qualified and meritorious doctors at the MCI and in hospitals. Not to be left behind in the fashion parade of misdemeanors, a former Chief Justice of India, KG Balakrishnan, has been in the news for quite some time for all the wrong reasons most unbecoming of honourable man in that position. Yet, he was appointed Chairman of the National Human Rights.

The process of dealing with a corrupt judge of High Court or Supreme Court is so complex that there has been only one impeachment in India till date and that too in 1949 before the Constitution became effective. The second impeachment motion against Justice V Ramaswami failed in 1993 because the then ruling Congress (205 MPs) abstained. Interestingly, he was defended by Kapil Sibal, his lawyer at that time. Little surprise that shamelessly unfazed by all the allegations and indictments, judges like PB Dinakaran (Chief Justice, Sikkim High Court), Soumitra Sen (Calcutta High Court) and many more arrogantly go on dispensing ‘justice’ in their high positions.

Even as crime graph in general moves upward, it is still feasible to put petty criminals behind bars. It is the big fish that has proved too slippery for the law all through. From Bofors to Fodder to Hawala and the outpouring scams of today – only preliminaries have been played. No powerful politician, bureaucrat or judge has been finally convicted (having exhausted appeals at the Supreme Court level).
The system has proved power friendly and at a time when the talk of an effective Lokpal is gaining momentum, fears of those in power are quite understandable. Political parties have moved away from nationalistic orientation and metamorphosed into cliques of vested interests like promoting dynastic power centres. Coteries of henchmen have mushroomed in almost all parties. These henchmen are mostly local goons who have embedded themselves between the leader and the people insulating the former from the latter. Soon after the elections, leaders are quick to snap their public contact and interact with the people through their henchmen whose swagger signals when and whether you will have the Netaji’s darshan.

Gimmicks by Rahul Gandhi, the Prince Charming of Indian politics like dining at a Dalit’s home, stage-managed padyatras and public display of a pseudo-frugal life style are carefully orchestrated to create a mass impact even as his oratory skills and leadership prowess still remain hidden. Even if he fails to leave behind any lasting impact, his style leaves people largely amused. Organisations and parties bereft of ideas and ideologues will be likewise forced to innovate, borrow and stage-perform to entertain people. But how long will this drama go on? The political environment in India has become highly polluted and all parties need to reorient and readjust to changing ground realities of a new emerging India that surges from within.

Institutionalising a powerful, independent Lokpal will only help the country to prosper faster making development people friendly. The ruling clique has drifted far away from the people and a course correction is urgently needed. The sooner they change their bearing and perception, the better it shall be for them as well as the country.

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