Posts Tagged ‘Congress’

No Shades Of Grey for India

I am not, as you might think, advocating the banning of the erotic book and film which have titles similar to the headline of this blog. But I am getting increasingly convinced that operating in grey areas is something Indians revel in. The new millennium has offered adequate proof that Indians abhor convention and thrive on discretion. While departing from the former allows for abominable behaviour even in the temples of Indian democracy, adhering like blood-sucking leeches to the latter enables the growth of the rent-seeking economy and polity. Where laws exist, bend them to suit oneself and one’s clan (even if discreetly) and, where they are silent, may the devil take the hindmost, decencies be damned.

Let us start with the legislatures, the roots of democracy in India. Over the last decade, we have seen the top two legislative organs of the country, the Lok Sabha and the Rajya Sabha, apart from a number of state assemblies, being held hostage by elected representatives. Rushing to the well of the House, disrupting legislative business, indulging in fisticuffs and even grabbing the Speaker’s mace have been par for the course. A very far cry from the conventions in the British Houses of Parliament, where the Speaker’s word is law and where, once the Speaker has risen from her chair, all members on their feet must resume their seats. Of course, the farce commences even before the assembly commences its first sitting. Karnataka 2018 is its latest and most dramatic example. After a rather dubious decision by the Governor, the Supreme Court (SC) stepped in to order an immediate trust vote on the floor of the House. Flouting established convention, the Governor departed from the established procedure of appointing as pro tem Speaker the senior most elected member, generally from the opposition, to conduct the proceedings prior to election of the regular Speaker. This was obviously done to smoothen somewhat the winning of the trust vote by the newly sworn in Chief Minister (CM). Unfortunately, for the BJP, the SC fettered the discretion of the pro tem Speaker such that the CM had to resign within thirty-six hours of being sworn in.

But conventions have died a painful death in India over the years, assisted by constitutional functionaries. At the behest of whichever party is ruling at the centre, Governors of states have twisted the provisions of the Constitution of India, notably Article 356A, to help dismiss elected governments of a political hue different from the centre. As India steps squarely into the era of hung Parliaments/Assemblies and coalition governments, Karnataka and, before it, Goa, Manipur and many other instances represent the जिसकी लाठी उसकी भैंस (he who holds the stick controls the buffalo) mentality that dominates the Indian psyche. “Show me the Governor and I’ll show you the government” seems to be the prevailing motto. This blog does not have the space to go into the Sarkaria Commission recommendations on government formation in the states or the SC rulings in the SR Bommai and Rameshwar Prasad cases. But common sense would dictate that, after a tiring, costly election process, that government is sworn in which has the best chance of lasting the next five years. When the largest party falls well short of a majority and there are not enough independents and members of other small parties to help it cross the half-way mark, the logical course of action would be to invite post-poll coalitions of other parties, which have affirmed their joint intention of government formation, and give them a chance to prove their majority on the floor of the House. The Governor does have discretion but, as a functionary who has sworn to uphold the Constitution, (s)he is duty bound to act in a manner which does not reek of political partisanship.

Governments of all political persuasions have never been respecters of conventions. Recently, the Income Tax (IT) department raided the Badami (Karnataka) resort owned by an MLA-hopeful of the Congress during the election process. Nothing wrong in this, except the timing! Did the raids by the IT department and the subsequent attention supposedly lavished on him by the Enforcement Directorate have anything to do with his recent switch of loyalties from the BJP to the Congress? This worthy, after many twists and turns in the saga, appears to be as yet with the Congress, but who knows what the morrow brings? There were also disquieting media reports that loyalty of some MLAs was sought to be bought by promising leniency in investigation of economic offences in which they were allegedly involved. With the reputation of central investigative agencies already at an all-time low, efforts at their subornation are a cause for worry.

In the prevailing gloom over the functioning of the legislature and the executive, the performances of the Election Commission of India (ECI) and the SC give cause for cheer. In what was a bruising election, the ECI ensured the free exercise of franchise, though the role of muscle and money power in influencing voters is still a disease that requires remedy. The SC moved swiftly to check efforts to influence legislators and its eagle eye ensured that no attempts were made to monkey around with the trust vote process.

In the final analysis, however, it is the moral fibre of individuals that will determine the development of healthy practices in a democracy. We had the newly sworn in BJP CM of Karnataka announcing a farm loan waiver, transferring key police officials and seeking to augment his party’s strength in the trial of strength by nominating a legislator from the Anglo-Indian community (until restrained by the SC). We had the top legal functionary of the Central Government, the Attorney-General, foregoing his beauty sleep to appear in the predawn SC hearing and advancing ludicrous arguments that effectively encouraged horse-trading (man-trading??). We had the newly-elected MLAs apparently so vulnerable to inducements and threats that they had to be shepherded like preschool children, with no guarantee that they will not play truant in the coming months. To this date, government formation by the JD(S)-Congress combine has been bedeviled by the chase after lucrative portfolios. We had electronic media representatives treating this entire episode as a chess game and speculating on who will bring money and muscle to bear on government formation. And, finally, there is the ordinary citizen, inured to the reality that, to get ahead in life, you need to jump the red signal, help your wards cheat in examinations and part with mamool to grease your way through government. Where is the sense of shame and probity in all these individuals, and countless others? One senses no sadness or weariness in witnessing the repeated drama, just another Roman circus for the masses.

At least for the near future, we seem to be in a situation where it may be necessary to codify important conventions to get over the Indian aversion to following commonly accepted norms. There is already a code of conduct for elections. Similar codes need to be evolved for, among other things, procedures of government formation at the centre and in the states, conduct of legislative business, appointment of governors, powers of investigative agencies once elections have been announced and conduct of private activities of legislators that conflict with their public roles. These codes need to be implemented rigorously with salutary penalties for their infringement which could range from public shaming to loss of office.

However, nothing will really change until the educated thinking classes assume the responsibility for setting our derailed democracy back on the rails. Let us not forget that a diverse group of thinking Indians, seventy years ago, drafted one of the most glorious modern-day Constitutions. Keeping it alive, and enriching it further, is, alas, a task our present generation has failed in miserably. Karnataka is the latest manifestation of the terminal disease afflicting our democracy, which needs skilful doctors, not butchers. We ignore this at our own peril.

 

A sense of déjà vu

Plus ça change, plus c’est la même chose: The more things change, the more they stay the same.” I am rather fond of using this phrase, but only because the same patterns keep recurring like bad dreams in one’s life. The Karnataka state assembly elections have come and gone and we are back again to Ground Zero. The electorate has once more, in its wisdom, chosen not to anoint any one party as the clear victor, leaving the space open for fun and games. The ball is now in the court of the Governor of Karnataka to decide whom to invite to form the government. Sauce for the BJP goose is not going to be sauce for the Congress gander. No party is likely to emerge pristine white from this exercise over the next couple of weeks. The Congress missed the bus in Goa and Manipur in 2017, despite being the party which won the largest number of seats. It was not even invited by the respective Governors to form the government. Instead, the BJP was allowed to cobble together a motley assortment of partners and stake its claim to form the governments in these two states. At that time, the Congress went blue in the face screaming about the shenanigans in government formation and how its claims were ignored. Today, the same Congress is ready to go in for a shotgun marriage with the Janata Dal (Secular) (JD(S)) to hang on at least indirectly to power, even if it means ceding the king’s throne to its junior partner. Not that the BJP is any better. The same party which went hell for leather to seduce its partners last year is now sanctimoniously quoting the constitutional scriptures of the Governor being duty bound to invite the party which has won the largest number of seats.

As if this were not enough, we are left wondering how the numbers game will play out. Given the role that Governors have played in recent years, we need not be overly surprised if the Governor does indeed invite the largest party, the BJP, to have the first go at government formation. With 104 seats in the legislature, the BJP will need seven more legislators to support it when it has to prove its majority in the house in the near future. Partial support can come from three legislators, one of whom is an independent and two from smaller parties. But to win the trust vote, the BJP will still need to ensure that its 107 supporting legislators constitute 50 percent of the number of legislators present and voting. Presuming that the opposition parties issue a whip on the vote, the only way the BJP could win the trust vote would be for five or more opposition legislators to either absent themselves altogether or abstain from the voting process. To prevent such moral (and not so moral) suasion from occurring, the only way out for the Congress-JD(S) would be to sequester their flock at an appropriate location and produce them fresh and ready at the time of the trust vote.

Let us presume for a moment that the BJP loses the trust vote or that, wonder of wonders, the Governor actually invites the Congress-JD(S) to form the government and prove its majority. Even then, the Congress-JD(S) have to ensure that some of their legislators do not jump ship by resigning from legislatorship and introducing uncertainty regarding the future of their government. The memories of “Operation Kamala 2008” must still be touching a raw nerve in these two parties.

So, the resort to resorts will continue. As an old Maharashtra hand, I still remember vividly the coup attempted in 2002 by the BJP-Shiv Sena against the Congress-NCP Vilasrao Deshmukh government in Maharashtra. The Congress legislators (and some independents) had to be spirited away from Maharashtra to a resort on the outskirts of Bengaluru. That Bengaluru continues to be the favourite last resort of the Congress was proved yet again in 2017, when 44 Congress legislators from Gujarat had to be housed here prior to Rajya Sabha elections to prevent them succumbing to the insidious charms of the BJP. History is now set to repeat itself yet again: do you wonder now why I find this exercise repetitive and not a little nauseating?

Actually, the entire Karnataka election process followed the time-honoured pattern. All parties fell over each other nominating candidates with dubious track records, many having criminal cases pending against them. No candidate from the three major political parties campaigned on the specific plank of addressing issues germane to the electorate, whether these related to agriculture, law and order, food security or health care. In any case, the healthy yesteryear habit of house to house campaigning has long been abandoned; in the current elections, probably only the AAP and Swaraj India candidates adopted this approach. Cash, liquor and other freebies are rumoured to have been freely distributed to win votes.

I am not one of those who subscribe to the view that state funding of elections is going to cleanse the Augean stables of electoral corruption. With governance processes still hugely dependent on discretion, and distribution of scarce resources — land, housing, licences, contracts, etc. — centrally controlled by the politico-bureaucratic nexus, elections to political bodies, whether at central, state or local levels, represent the pathway to self-aggrandisement and enriching one’s clan. Making local area funds available to elected representatives has only enabled distribution of patronage to a larger group of cronies. Even moving to a system of proportional representation will not solve this problem: the same worthies will find place in the lists of all political parties.

A change for the better will be possible only when:

  • Elected representatives at the central and state levels confine themselves to enacting legislation and lobbying for public/private projects in their constituencies rather than having any direct role in disbursing patronage in the form of funds or other scarce resources;
  • The 73rd and 74th amendments to the Constitution are implemented in letter and spirit and financial and administrative powers are genuinely devolved to rural and urban local bodies;
  • Patronage at ministerial level, especially in the state secretariats, ceases;
  • Strong anti-corruption ombudsman structures at the centre and in the states, with powers of investigation and prosecution, are created;
  • Corruption cases are fast-tracked and completed within two years of institution so that the fear of early retribution exists, especially in the political class;
  • Inner-party democracy is made mandatory through legislation, so that political parties cease to be the fiefdom of individuals and families.

I am not sanguine about good sense prevailing on our political representatives to implement the above reforms. Till such time as these come about, we will continue to be “entertained” by political drama. To paraphrase Marie Antoinette “If they don’t have jobs, let them have circuses.” O Tempora! O Mores!