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Politics and Public Policy in India

Celebrating 60th anniversary of Parliament with a National Project to restore Public Trust

Originally published on Rediff.com

Also read on the same topic of Restoring Trust to our Public Discourse:

Why “restoring trust” must become the overarching theme of the political narrative

Column in Rediff August 2011 on reforms

Parliament is due to mark the 60th anniversary of its first sitting in 1952. Interestingly, Parliament also had a distinguished visitor in 1952 when it was addressed by Mrs Franklin D Roosevelt. Her remarks reported by the Milwaukee Journal back in 1952 are as much relevant today as we look forward to the role this institution shall play in the future of our great nation. To quote Eleanor Roosevelt:

‘Democracies who take their freedoms too much for granted sometimes lose them.’

‘We forget that we must work for those things we hold dear.’

As I set about to pen this column, I was seized of the request on how can Parliament make India [ Images ] Great. At the outset I must disagree with other columnists who I am afraid have taken a rather dim and cynical view.

I for one believe that we are a Great Nation. We are a democracy in progress. We are a Republic in its adolescence. We may have wide disparities in income or otherwise. But none of that in any way diminishes the fact that we are a Great Nation.

We are a Great Nation because we survived as a civilisation for over 4,000 years even as others perished. We are a Great Nation also because we as a people have outlasted all those who sought to imperialise us.

The history of our nation may not always have charted a linear trajectory to greatness. But that must not distract us from recognising that we as a nation continue to find new and innovative ways to reconcile contradictions, transcend fault-lines thus avoiding the pitfalls of so many of our neighbours.

So heeding Eleanor Roosevelt’s remarks from 60 years ago to Parliament let us recognise that we must not take for granted those things we hold dear and we must work for them.

The greatness of our nation over the centuries arises from an innate sense of justice rooted in the ancient Indian idea of Dharma. My good friend Nitin Pai from The Takshashila Institution raises an important point that the motto for our Constitution should not have been ‘Satyameva Jayate’, but instead should have been ‘Dharmo Rakshati Rakshitah’.

During the Constituent Assembly debates the makers of our Constitution like Dr S Radhakrishnan foresaw the need for that innate sense of justice flowing from Dharma to be reflected in the spirit of the Constitution if not in its words.

The Constitution makers imagined the Parliament of India to be the supreme institution in our system of government. They envisaged a division of power with ultimate accountability to the people through the elected representatives of the Lok Sabha.

Thus, the Parliament of India was not just the custodian of the interests of the people of India, but it was also envisaged to be the vanguard of Dharma that holds the fabric of our nation together by its actions.

Today, the Parliament of India may appear to be a raucous madhouse at times, its sheen diminished by the actions of those within and by the words of those from the outside. Today, Parliament may also appear to be lacking in credibility when viewed through the prism of the politics of the moment.

Its actions at times may appear to be contradictory to both the original intent of the Constitution and the spirit of Dharma. Its agenda at times may appear to be swayed by a value system that is motivated by alien political ideologies working against the spirit of Dharma.

Nevertheless, Parliament has distinguished itself with a sense of rule of law to rise to the occasion whenever it was put to the test by our democratic experiment. Let us not forget we are an adolescent Republic and a democracy that is still a work in progress.

The wide disparities across our nation have created a deep trust deficit between people and politicians, between political parties and between various identity based groups and across many of our public institutions.

The solution to bridging this trust deficit does not lie in further fostering grievances and victimhood by seeking refuge in alien political ideologies that widen fault-lines while exacerbating the trust deficit.

Instead the solution lies in rediscovering that spirit of Dharma so we can restore trust to our public transactions and trust in our public institutions. There is no other project of greater national interest for the next decade and beyond, than the national project to restore trust by rediscovering the spirit of Dharma.

The Indian Parliament being at the head of all of our public institutions has the greatest responsibility towards this national project.

As our Parliamentarians sit down to mark the 60th anniversary I fully expect that there will be empty platitudes in words and much cynicism in many hearts. But a small beginning must be made somewhere towards this national project to restore trust.

So even if one member of Parliament manages to resolve himself or herself within his or her mind on a commitment towards this national project it would be a start.

A commitment from our Parliamentarians to rediscover the spirit of Dharma in our laws and transactions would go miles towards keeping the hope alive that we as a great nation will continue to survive and thrive

Filed under: Ambedkarite Constitutionalism

What do we really expect of a President – Two part OpEd

Originally published in The Pioneer

Part 1 – Published 29th April 2012

Part 2 – Published 6th May 2012

Find excerpts from this OpEd series below. Offstumped will be offline over the next two weeks.

Nehru on why a directly elected President was not desirable

there is such a thing as too much of a democratic procedure …. we have a wide scale wasting of the time, we might have no time left for doing anything else except preparing for the elections and having elections …. I am quite convinced in my mind that if we try to adopt that here (American Presidential Government), we shall prevent the development of any ministerial form of Government and we shall waste tremendous amount of time and energy …. I think that having that type of election for our President would be a bad thing for us

The Central Legislature may, and probably will be dominated, say, by one party or group which will form the ministry. If that group elects the President, inevitably they will tend to choose a person of their own party. He will then be even more a dummy than otherwise. The President and the ministry will represent exactly the same thing

I am not prepared to believe that adult franchise is absolutely essential …when the members of the Assembly themselves are being elected by the votes of millions where is the necessity for electing the President by adult franchise ? …. If you want to elect the President by adult franchise, then this would mean that we will have to waste much of our time in holding (Presidential) elections and we will not be able to act according to our new Constitution

Ambedkar on why a Ministerial form of government was more desirable over a Presidential form of government

According to Ambedkar a democratic executive musts satisfy two conditions – (1) It must be a stable executive and (2) it must be a responsible executive. As Ambedkar saw it at the time of the drafting of the Constitution it was not possible to devise a system that could ensure both in equal degree. The design choice to be made was really one of a compromise between systems which can give you more stability but less responsibility and systems which give you more responsibility but less stability.

The American and the Swiss systems according to Ambedkar gave more stability but less responsibility. The British system on the other hand Ambedkar felt gave more responsibility but less stability. Recognizing that the American Executive was not dependent for its existence upon a majority in the U.S. Congress, Ambedkar saw greater merit in the British system which meant dependence on a majority in Parliament. This merit according to Ambedkar arose from the fact that a non-Parliamentary Executive being independent of parliament tends to be less responsible to the Legislature.

The other area of problem according to Ambedkar was the periodic nature of assessment of the responsibility of the Executive by the people once in four years. Ambedkar on the other hand showed a strong preference for assessment of responsibility of the Executive that was both daily and periodic. The daily assessment according to him would be done by Members of Parliament, through questions, Resolutions, No-confidence motions, Adjournment motions and Debates on Addresses while the Periodic assessment would be done by the Electorate at the time of elections.

The Daily assessment of responsibility which is not available under the American system Ambedkar argued was far more effective than the periodic assessment and far more necessary in a country like India.

Sixty years on Ambedkar’s design intent has far from been realized for we neither have a stable government thanks to a fragmented legislature nor do we have a responsible government thanks to the Congress’ precedent of propping up a Prime Minister with no real political power.

Also read:

Tharoor on rekindling the Presidential form of government debate

The idea of a Constitutionally Adversarial President

Filed under: Ambedkarite Constitutionalism, Constituent Assembly, Shashi Tharoor

The 1948 ban on RSS and Constitutionalism – OpEd in The Pioneer

Originally published in The PioneerBackground material for the column

Rama Guha’s column on the Sangh ban can be found here. EPW’s detailed chronicle of the sequence of events leading to the lifting of the ban by Rakesh Ankit can be found here. Also read about Narendra Modi’s January 24th 2010 Constitution rally on the 6oth anniversary of the Constitution

On February 25, 2010, author Ramachandra Guha wrote a column in an English daily on how the Indian state must reconcile with Maoist terror. Mr Guha opened that column with a piece of history to assert that the ban on the Rashtriya Swayamsevak Sangh in 1948 was lifted only after the Sangh accepted in writing to abide by the Constitution of India. Mr Guha’s clever assertion draws a dubious parallel between Maoist terror and the RSS and has been taken at face value by many. An extensive chronicle in a well-regarded magazine that appeared earlier last week, however, sets the historical record straight on the sequence of events leading up to the lifting of the ban on the RSS.

In a eight-page long special article in the April 21 edition of the magazine, Rakesh Ankit compiles extracts from a series of letters that were exchanged between the principal actors in the sequence of events that resulted in the ban on the Sangh being lifted. Mr Ankit’s narrative is fascinating and his chronicling style is largely free of political bias.

His narrative focuses exclusively on the period from December 1948 to June 1949 to chronicle the many exchanges between Sardar Patel, DP Mishra, jailed RSS chief Madhavarao Golwalkar and the many intermediaries who attempted to bridge the gap between the Government and the Sangh. One has to read the entire article to appreciate the subtleties and the nuances within the sequence of events and the many letters exchanged. But it is in order that the following points are highlighted, for they raise the question: Would the political history of post-Independence India been different had Sardar Patel and Nehru acted differently.

Extracts of a letter from Golwalkar to HVR Iyengar, Home Secretary to the Government of India, make it amply clear that the Government’s detention of Golwalkar in jail had little to do with any Sangh role or association with Gandhi’s assassination. An angry Golwalkar observes that even six months after framing charges against him, the Government had brought up no case against him or the Sangh, with any evidence being presented on violence, secrecy and communal hatred. In fact, the primary reason for the continued ban on the Sangh and the incarceration of its chief becomes clear in a letter from DP Mishra to Sardar Patel, where he talks of the anti-Sangh political climate in Nagpur. From the same letter it becomes clear that the rationale for the ban and the realpolitik in lifting it was always about a new fledgling national Government in India asserting its might, while being seen to be securing visible concessions from the Sangh without yielding any ground.

It also becomes clear from remarks made by Sardar Patel to DP Mishra in a June 1949 letter that the Government had very little leverage over the Sangh in extracting those concessions .

Ahead of the lifting of the ban on the Sangh, Patel writes to Mishra that “the Government would have found it very difficult to justify our policy or attitude to the public”. In the same letter Patel gloats over how the Government managed “to catch Golwalkar on the wrong foot” and had managed to “turn the tables on Golwalkar”. The specific reference here was to the Government intercepting communication between Golwalkar and Deoras on the Sangh persisting with its agitation despite the ban. It was this intercept that was finally sought to be used as leverage to secure the desired concessions from the Sangh.

While much of the narrative focuses on the attempts by the Government to get the Sangh to commit to a written Constitution (for the Sangh) that met the Government’s approval, it sheds little light specifically on what objections, if any, the Sangh had to the Constitution of India.

In fact, the only significant dialogue on this subject is on the Sangh’s attitude towards the national flag between Golwalkar and TRV Sastri, from which it becomes amply clear that Golwalkar had no issues with the flag. In subsequent exchanges the issue of allegiance to the Constitution of India comes up only once in passing in the context of adult suffrage. The vast body of disagreement between the Sangh and the Government of India was on the draft Constitution of the Sangh at the dictates of the Government and little to nothing on the Constitution of India that was still being debated in the Constituent Assembly.

This must go down in history as the only instance where a public movement was not only suppressed by a ban and its leader cut off from the rest of the organisation with full Government surveillance, but the Government also literally dictated how that organisation should conduct its internal functions. All this was happening while the said organisation had no stake in the process of the drafting of the Indian Constitution, with its leader in jail.

While, through a combination of realpolitik and Government might, Patel and Mishra secured concessions from the Sangh in 1949, more than 60 years on, it must be asked if the political history of India would have been different had they acted differently. After all, 60 years on, the principal opposition to the Indian National Congress comes from a movement that had no participation in the Constituent Assembly and no direct stake in the framing of the Constitution.

If, today, some adherents of the broad movement represented by the Sangh don’t always feel a strong sense of ownership towards the original intent of the Constitution, the blame for it must directly lie with Patel and Nehru. Had they shown the sagacity and the foresight to bring the Sangh into the Constitution drafting process, even if it meant a challenge to the Congress’ monopoly on national politics, perhaps India would not have seen the communal polemics of the past two decades.

More than thirty years back the Sangh stood up for the Constitution to fight the state of Emergency imposed by Mrs Indira Gandhi. On January 24, 2010, a product of the Sangh, Narendra Modi took out a giant replica of BR  Ambedkar and the Constitution to mark its 60th anniversary, marking the distance travelled by this mass movement.

This columnist has in the past advocated for the broad movement represented by the Sangh to embrace Ambedkarite constitutionalism as a coherent framework to guide the movement in matters of Law making and governance.

The magazine’s chronicle is perhaps an opportunity for the Sangh to not only set the record straight on its own history but to also make amends with the past through a tighter embrace with Ambedkarite constitutionalism.

Tailpiece:

If the Sangh’s absence from Constitution making is partly explained by the 1948 ban, its absence in the years before is perhaps explained by its reluctance to participate in electoral politics. Whether the Sangh’s participation in the Constituent Assembly would have made a material difference to the text of the Constitution is an open question but the overwhelming majority enjoyed by the Congress meant that Nehru and Patel had their way on most issues. Ambedkar’s presence in the Constituent Assembly was a sign of how the Congress went out if its way to give him a stake in the Constitution making process. It would not have been beyond the realm of imagination to have done something similar to bring the Sangh into the process. It would also not have been out order for a later in the process participation for the Constituent Assembly continued to welcome new members including in June 1949 when the ban on Sangh was lifted.

Filed under: Ambedkarite Constitutionalism, Narendra Modi

Walk the talk on Federalism – Reform the Rajya Sabha

Originally published in Rediff. History of changes to elections to US Senate can be found here.

A whopping 55 individuals were elected unopposed to the Rajya Sabha earlier this month. Of these 55, a fairly large number do not truly reside in the state they represent nor do they necessarily enjoy the confidence of the people in the states that they claim to speak on behalf of in Delhi.

Much of the controversy over the nominations to the Rajya Sabha has centered on the no-holds-barred public remarks by one dubious individual. On the other hand, there has been very little debate on how political parties have come to distribute Rajya Sabha tickets with not even the semblance of a contest.

In fact, it would not be an exaggeration to say that the lack of public outrage over the years on the manner in which the Rajya Sabha has become an avenue for permanent political rehabilitation has contributed in many ways to the widespread political culture in Delhi of patronage and entitlement.

Little wonder that critical remarks on the Rajya Sabha by the chief minister of Madhya Pradesh [ Images ], Shivraj Chauhan, in the past were met with instant censure from within his own party. The Bharatiya Janata Party [ Images ] may have much explaining to do on how dubious individuals got enmeshed with its Rajya Sabha election process in recent days. But to selectively outrage over one individual and the choices made by one party is to miss the point entirely on the unrepresentative and unaccountable nature of nominations to the Rajya Sabha by all political parties from all states.

Today the composition of the Rajya Sabha has little to do with the ‘public interest’ and far more to do with the ‘public servant’s interest’, more specifically the ‘political parties permanent interests’ in Delhi.

It is in order here to consider the evolution of the United States Senate, for in its original form the US Senators were also elected by the individual state legislatures. In fact for over 100 years the US Senators were elected by the state legislatures in a manner not dissimilar from the Rajya Sabha.

Narrating the contentious history of indirect elections to the United States Senate, its website describes how after the 1850s the process underwent many changes in different states. It notes that intimidation and bribery had vitiated the elections in some states with over nine bribery cases reported between 1866 and 1906. It also narrates several political deadlocks resulting in a broken process around the same time period.

The process of reforming the United States Senate was not easy and politically contentious as perhaps any move to reform the Rajya Sabha will likely be. The first proposal for direct elections to the US Senate was made as early as 1826. Since then several representations were made to the US Congress to amend the law with multiple constitutional amendments being proposed.

The impetus for change began with one state deciding to change the process in the early 1900s. Soon 29 states elected their Senators by a popular referendum instead of going through the legislature. It was in 1913 with the 17th amendment to the US constitution that a standard process of directly electing the Senators through a state-wide ballot was finallyinstitutionalised.

A state-wide ballot to elect representatives to the Rajya Sabha is a long overdue reform that will enable the house of states to rediscover its original purpose. Such a reform may also be an opportunity to re-work the composition from the current scheme, where larger states disproportionately influence the composition in the Rajya Sabha as opposed to smaller states.

A fixed number of Rajya Sabha seats to each state will also bring a much needed balance to Parliament in the true spirit of federalism. In fact, members of the Rajya Sabha who will be elected by state-wide ballots will be rightly empowered to speak on behalf of states’ interests in Delhi as a check against the anti-federal impulses of the party in power in Delhi.

A reform of the Rajya Sabha requiring its members to be directly elected by the people of a state may pave the way for yet another long overdue course correction to our adolescent democracy. A state-wide ballot to elect a Rajya Sabha member would set a much needed precedent for directly elected executives at the state level.

The constitutional and political barriers for a wholesale switch to a Presidential form of government may be too steep. But a beginning can be made at the state level. From Nitish Kumar to Prithviraj Chavan [ Images ], many chief ministers across the country today are increasingly opting out of the process of being directly elected by the people to the legislative assembly. A state-wide ballot may be the right method to bring back a culture of politics where chief ministers feel directly accountable to the people at a personal level.

Such a switch would be consistent with the original intent of the Constitution, for the Constituent Assembly at one point envisaged a directly elected governor in the states.

The mess in Jharkhand is bound to have an echo within politics in Delhi. But this is not merely about inner-party intrigue within the BJP nor is it a matter limited to the BJP. The Rajya Sabha needs urgent reform. Chief ministers who in recent days have been championing federalism and have been speaking up for states’ interests must take the lead in reforming the house of states so that it truly represents the interests of their states rather than the permanent political interests of unelected party apparatchiks in Delhi.

Filed under: Ambedkarite Constitutionalism, federalism, Narendra Modi, nitish kumar

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