Posts Tagged ‘politicians’

Model Code of Conduct for elections – the use of cards

After nearly thirty years of participating in the conduct and supervision of Indian elections and observing elections at national, state and local levels since 1971, I am struck by the abyss into which debate has descended in the 2019 general elections as well as the open challenge thrown to the authority of the Election Commission of India by all political parties and candidates, especially the ruling party at the centre. What is even more dismaying than the “in your face” behaviour of the political class has been the servile responses of sections of the bureaucracy, the latter constituting, in my view, a far more serious threat to democratic norms.

Standards of decent discourse have virtually vanished from the Indian political firmament and the present elections confirm this depressing phenomenon. Humans have been classified as termites and sections of them have been threatened with expulsion from the country. Blatant appeals have been made to divisive religious sentiments and politicians have gone so far as to warn voters of the consequences of not voting for them. The sacrifices made by security forces are being made to serve as election fodder. Vicious personal attacks are the order of the day and serial offenders from previous elections are displaying their dubious talents freely. Equally galling has been the brazen promotion of a single personality through multiple media modes without any hint of embarrassment or concern for conventions. We have also been treated to the disgusting spectacle of a self-styled Sadhvi denigrating the memory of a police officer who lost his life in the Mumbai 26/11 attacks.

2019 also marks, in pronounced fashion, the entry of the disease of political partisanship into the bureaucracy. In previous elections, it was the normal practice to transfer officers who had done adequate time in their current postings as well as those perceived as unduly close to those in power. But the need to move officers at the topmost levels of the police and civil services after the election process got under way points to the rot in the steel frame. Three top functionaries of the NITI Aayog, the central government’s top policy think tank, have, through electronic and social media, expressed views and displayed achievements which have the effect of supporting the government of the day and downplaying its opponents. The NITI Aayog is reported to have asked district collectors, who are the fulcrum of the election process, to furnish information on the achievements in different government programmes for use by the Prime Minister in his election speeches. A serving Air chief makes a public statement about the Balakot air strike and, for good measure, also drags in the controversial Rafale aircraft into his observations. In a first for India’s highest bureaucracy, the attitude of its central Department of Revenue in not keeping the Election Commission apprised in advance of income tax raids on political personalities has been castigated by the Election Commission as “insolent”. To cap it all, a junior functionary of the Union Home Ministry wakes up from slumber after many years to ask the leader of the opposition Indian National Congress to prove his nationality. It almost makes one wonder whether government departments have been awakened like Kumbhakarna only at the time of electoral battle.

Even though the Model Code of Conduct has a moral rather than punitive force, Article 324 of the Constitution of India, backed by various Supreme Court rulings, gives the Election Commission wide powers to enforce its writ in grey areas where the law is silent. Taking an analogy from the game of field hockey, it makes sense to enforce the three card rule: a green card for minor fouls, a yellow card for more serious infractions (with suspensions for repeat offences) and a summary send-off on being shown a red card. The Election Commission should devise its own sets of cards, one set for unruly politicians and another set for errant bureaucrats.

The green card rule for politicians would involve censure of the offensive act with or without fine. This will not deter the “thick-skinned” among the tribe but would serve as a warning that their conduct is under close watch. Another offence would have the effect of moving them to the yellow card category, which could see bans on campaigning by the concerned individual, ranging from a few days to a total ban for the entire election period, depending on the gravity of the offence. The red card would come into play when the candidate/politician commits a really serious offence, like open incitement to violence or indulging in major criminal offences. It would involve the cancellation of elections in that particular constituency, with these elections being held a couple of months after the completion of the election process under close supervision of the Election Commission and with heavy deployment of security forces.

The bureaucracy’s “three card” rule would more or less conform to the disciplinary proceedings which are presently initiated against government personnel. Officials who are green-carded would be censured, the censure being reflected in their annual confidential reports, with impact on future promotions. The yellow card would involve imposition of punishments like withholding of pay increments for a certain period or reduction to a lower time-scale of pay, grade, post or service for a specified period (without cumulative effect). Major penalties (the “red card”) would range from loss of seniority to compulsory retirement to dismissal from service. Such action by the Election Commission would be taken in consultation with the concerned government, with confirmation by the appropriate Public Service Commission.

Of course, judicious and strict enforcement of the “three card” rule would require a strong and impartial referee who does not hesitate to blow the whistle when needed and to flash the relevant card. Sanctions against erring politicians/bureaucrats need to be promptly enforced to serve as a warning to potential transgressors. Most importantly, the teams (political parties/governments) themselves need to introspect on whether they should retain such players (politicians/bureaucrats). If all concerned do not abide by the rules of the game, elections will descend into anarchy, with the danger of the eventual demise of democracy.

Why the Congress needs younger legs (and minds) — if it wants to make a fight of 2019

Just when I thought that I could give two cheers for the victory of the Congress Party in the recent general elections to the state assemblies in Chhattisgarh, Madhya Pradesh (MP) and Rajasthan came the blow to my solar plexus. Two cheers because, frankly, the Congress Party has done very little to enthuse me (and many other middle class voters) in the last ten years. But the very fact that there was some challenge to a monolithic party which is yet to deliver on its promises, and the infusion of some variety between the centre and the states, was a welcome change. And then, the GOP of India’s independence committed its usual error — it picked the oldest man for the top job in two of the three states (MP and Rajasthan) where it barely scraped home past the halfway mark, with some help from others. It did not draw a lesson from the ambiguous mandate it got from the electorate, which probably reflected their scepticism about the same old wine being recycled in new bottles, given that the CM favourites in these two states had made no bones of their keenness to secure the numero uno post.

Why am I not particularly thrilled that the younger men in these two states (Jyotiraditya Scindia and Sachin Pilot) were not picked as CMs, especially when both of them have done stints in UPA-II as Central Ministers and have clean reputations? Four reasons come to mind:

  • The legacy of the old guard: Congress politicians who entered politics in the times of Indira Gandhi carry outdated socialist baggage with them. The pre-1991 Congress politician belonged to the “crony socialism” era, when the government micro-managed public enterprises while maintaining a cosy relationship with favoured private sector businessmen. The MP CM also carries with him his past association with the Emergency caucus and the alleged association (not so far conclusively proved) with the 1984 anti-Sikh riots in Delhi.
  • A statist mindset of Nehruvian vintage: Almost no Congressman (or woman) has shed their fondness for the tight economic embrace of the state. This was patently visible to me during my days in a key economic Ministry in Delhi in the early 1990s, when the Minister had to be cajoled to sign any file that contemplated opening up the sector to competition. It almost always took calls from either the Finance Ministry or the PMO to get him to sign on the dotted line. Once the liberalisation glasnost eased up after 1993-94, it was back to pre-1991 business as usual. The only difference was that new avenues for extraction of economic rent were explored and developed, especially in the natural resource and infrastructure sectors. Although it has to be said that the NDA interregnum (1998-2004) saw more positive measures being taken on the infrastructure front, the attractiveness of the “economic rent extraction” method never diminished. The coal sector is a prime example of this approach, with former bureaucrats even today paying the price for implementing the absurd policies of their days. Aided by a suspicious public that looked askance at every government decision in the chaotic days of UPA-II, economic reforms were virtually doomed. Add to this the decisions to guarantee the rights to food, rural employment and education, all of which had to be implemented by the same moribund government machinery in the states, with no clear idea of where the money was to come from and it is little wonder that the government wrote its own epitaph in the days leading up to 2014.
  • The absence of fresh thinking: Nothing characterises an antediluvian mindset more than the recourse to the same tired shibboleths of the past when confronted with problems. Governments of today (centre and states) are falling over themselves to waive farm loans. Apart from the cruel reality that no one has carefully computed the budget implications, such ‘band-aid’ solutions do not really go to the heart of the farmer’s distress. There is no talk of major investments in rural infrastructure, whether irrigation, storage, farm-to-consumer chains or comprehensive crop insurance, nor does one see major policy thrusts aimed at these. Lack of employment opportunities, especially for the teeming millions of the under-30s, imperils future economic and social stability. Education (both school and post-school) and health care are in a shambles in a number of states, with two of the three states referred to above sharing a seat with countries from sub-Saharan Africa and the Caribbean.
  • Lack of commitment to thoroughgoing reforms: Along with all other political formations, the Congress has no firm ideas on or commitment to crucial reforms in the realm of institutions — electoral reforms, judicial (including especially criminal justice) reforms, reforms in the administrative structure and, most crucially, in devolution of financial and administrative powers to elected urban and rural local bodies. The result has been increasing criminalisation of politics and society, continuing poor public service delivery and growing public disenchantment with the idea of liberal democracy itself.

I do not discount the fact that you can be old in age but young in mind (disclosure: I am past sixty years myself). As a good example, I can refer to that gentle bureaucrat-turned-politician, Dr. Manmohan Singh who, at almost sixty, reinvented himself from a Nehruvian socialist to a liberaliser and carried on with his new avatar when he was past seventy. But then we have only a few philosopher-kings: dyed-in-the-wool politicians are hardly going to reinvent themselves in the later stages of their lives. More crucially, I feel they stifle whatever talent exists in their political parties: this talent then either resigns itself, like Prince Charles, to a very late accession to the throne or makes a beeline for other parties. The real losers are the people of India: they are denied the benefits that innovative thinking and dynamic action could bring to their lives.

Where the Congress party is concerned, I see few options before it. Either it bloods its younger elements and places them in positions of leadership or it faces irrelevance in the near future. Younger leaders should forcefully stake their claims to responsible leadership and, if denied, should examine the possibilities of striking out on coalitions of their own. My generation of school and college-going cricket lovers venerated the likes of Pataudi, Borde, Viswanath and Gavaskar. But we would hardly ask them to face the Australian quicks of today: we leave that to the current generation of cricketers — Kohli, Pujara, Rahane, et al. Politicians, like bureaucrats, should gracefully bow out at the ripe age of 65. The law of diminishing returns sets in with a vengeance thereafter, with geriatric politicians completely out of tune with the needs and aspirations of their constituents, whether farmers, students or young professionals. Unfortunately, these vain efforts to secure political immortality come at a huge cost to the nation.

Hamam Mein Sab Nange Hain!

Judge not, that ye be not judged.                                                                                                        2For with what judgment ye judge, ye shall be judged: and with what measure ye mete, it shall be measured to you again.
3 And why beholdest thou the mote that is in thy brother’s eye, but considerest not the beam that is in thine own eye?

(Matthew 7:1-3, The Bible, King James Version)

Something is rotten in the State of Denmark”                                                                                       (Hamlet, Prince of Denmark: William Shakespeare)

It was extremely depressing to read the 60 page note purportedly penned by Kalikho Pul, former Chief Minister of Arunachal Pradesh, before he committed suicide in August 2016. The note, which virtually amounts to a dying declaration under Section 32(11) of the Indian Evidence Act (though there may be some legal quibbles about this) is a searing indictment of the Indian system of governance and leaves no institution with even a fig leaf of credibility. This is not the place to go into the details of the note and one hopes that there will be at least some anguished introspection about the incident which saw a new, rather ignominious first for the Indian republic: a public representative taking his life out of despair at the prevailing state of affairs.

Recent years have been ones of deep disenchantment for the people of India. Illusions about politicians died many years ago: most of them are seen as representative of the corrupt, venal strain of society. The socialist economy of the 1960s and 1970s established political corruption as part of the “command” economy, a legacy of the Nehruvian era. Political life has continued to touch newer and newer lows over time, as criminals realised that they could be direct participants rather than sponsors of the political drama-farce. 1991 was only a minor hiccup for the politician; by 1994, it was business as usual again. In any case, state governments continued to blithely operate by their own rules, with the new breed of politicians unconcerned about probity in public life.

The less said about my own tribe, the bureaucracy, the better. Till the mid-1970s, the uppermost echelons, the IAS, IPS and the Central Services had relatively few black sheep in their midst. Over the 1980s, shamelessness started to pervade even the elite services. The middle and lower bureaucracy in the states were infected with the twin evils of corruption and politicisation to an extent where, returning to field level administration in 2000 in the same area I had served in ten years earlier, I could hardly believe the extent to which the rot had set in. Things have only worsened in the new millennium and the ugly politician-bureaucrat nexus is now caught in a fatal embrace (fatal for democracy, that is).

Faith in the judiciary was the one reassurance one sought in an increasingly darkening scenario. Unfortunately, the judiciary never used whatever independence it had to set its own house in order. The backlog of cases piled up at a dizzying rate; measures that might have made a difference, like written arguments (in appeals), summary disposal procedures and specified, limited recourse to legal remedies were never pursued. Lawyers who, as officers of the courts, are expected to assist in the speedy provision of justice have often resorted to tactics aimed at deflecting rather than delivering justice, with judges remaining silent spectators. We now have an unseemly conflict between the highest levels of the judiciary and the executive on the manner of selection of judges to the upper echelons of the judicial system. That India has a woeful per capita judicial officer quota is beyond doubt. But neither have serious efforts been made by the government to rectify it nor has the judiciary tried to at least make the best of a bad situation and enforce accountability in performance and propriety.

The press started to crawl in 1975, when shown the whip by the government of the day. Print media at district levels had always had its share of doubtful characters, who lived off the largesse of government advertisements and downright blackmail. But the print media at national and state capitals was still peopled by stellar characters. The downward slide started with the domination of electronic media and the larger than life image of well-known media personalities. Given the incestuous ties of journalists with North-South Block and Dalal Street, it was only a matter of time before something like the Radia tapes exposed the seamy side of journalistic wheeling dealing. Today, it has become common to associate any media group with a specific political party or business house (in terms of ownership and/or ideological slant).

The biggest casualty in the morality stakes has been civil society. Corruption was endemic in Indian society, but, till the 1970s, at least attracted some opprobrium. It has now gained respectability; the honest officer faces the ire of her superiors, peers and even family members. Systemic reforms face hurdles at every level, with the Indian propensity for jugaad at its inventive best when devising methods for circumventing the law. Post demonetization, a fair amount of government energy has been expended on plugging loopholes in implementation.

Poor Mr. Pul was trying to draw attention to these national drawbacks in his impassioned letter. The meaninglessness of his heartrending wail lies in our hardened attitudes to lawbreaking and looting public money. As a nation, we have also developed the habit of blaming every institution except that one of which we are a member. The politician seeks alibis in the intransigence of the judiciary, the non-performance of the bureaucracy and the hostility of the media. The bureaucracy, when it is not cosying up to the politician, either blames the political executive/judiciary or outdated procedures and rules. The media relishes hauling the executive over the coals without seeking to understand the complexities of policy making and implementation. And, of course, the judiciary has extended its reach to virtually telling governments and other agencies how to run their businesses. No one seeks to set their own house in order. How many Ministers at Central or State level have foregone their discretionary powers in dispensing patronage or finalising contracts? None, barring the Union Railway Minister. How many officers have resisted the temptation to bend rules in their last years in service to secure post-retirement appointments? Probably a handful. How many journalists do not seek their mess of pottage in terms of house allotments and foreign junkets? The fingers of one hand may suffice for this. Members of the judiciary are yet to raise the bar of accountability to deliver speedy justice, enforce norms of integrity in their ranks and restore waning public faith in the effectiveness of the judiciary. And the general public has let institutions of governance get away with sub-optimal service delivery levels, adopting the prevailing motto of “each man for himself and the devil take the hindmost.”

In his book on the Mahabharata, the author Gurcharan Das had talked about the impossibility of being good. Our human failings make it impossible for us to stay on the straight and narrow path during the course of our tumultuous lives; even Yudhisthira had to utter a falsehood to get rid of Dronacharya. And yet, the beauty of human existence lies in our attempts to surmount our weaknesses and struggle to attain the noblest expressions of our humanity. Else, we will all be like the citizens of Mohenjo Daro in their open air baths, our nakedness visible for the entire world to see.