Offstumped – Commentary on Indian Politics

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Politics and Public Policy in India

A Proposal on Electoral Reforms

The Constituent Assembly debates throw a fascinating light into the considerations that drove Nehru to argue against a Presidential form of government. While at  the state level the Constituent Assembly initially opted for a directly elected Governor even that proposition was subsequently diluted in favor of a parliamentary democracy in the state legislatures.

The current draft of the Constitution is quite clear that the President shall appoint as Chief Minister or Prime Minister he or she who enjoys the confidence of the House and is elected Leader of the House.

Given that the Supreme Court has ruled on multiple occassions that the basic structure of the Constitution cannot be altered we are stuck with little choice but to suffer a paralysed Governance and  frequent elections on account of fragmented Legislatures. Artificial solutions and undemocratic laws like the Anti-defection bill, the extra-constitutional interventions by partisan Speakers have not helped.

Here is a proposal from Offstumped which may help get around this problem while preserving the basic structure of the Constitution:

  • Let us add a single non-voting seat to every state legislative assembly and to the Lok Sabha
  • Let this single non-voting seat have for its constituency all eligible voters within that state or all of India which ever the case maybe
  • Let this seat go to polls like all the other Legsilative and Parliamentary constituencies
  • Let the person who gets elected to this seat be automatically considered the Leader of the House as he or she would be reflecting the collective will of all the voters of that Legislature
  • Since the seat is non-voting addition of this seat does not change the balance of power in the Legislature
  • Since the person elected to this seat is the Leader of the House, the Governor or the President will have to appoint that person as the Chief Minister or Prime Minister
  • Irrespective of whether a party or a combination of parties has a Legislative majority the Chief Minister or Prime Minister will have fixed term no different from the term of the Legislature
  • Removal of the Chief Minister of Prime Minister could now require a higher Legislative bar similar to a Presidential impeachment
  • The Constitution could then also be ammended to eliminate the anti-defection law as there is no question of defection to form an alternate government
  • The Chief Minister or Prime Minister could then have the freedom to appoint members to his Cabinet from outside the Legislature
  • The Legislature could then be solely focused on its twin responsibilities of Law making and keeping a Check on the Executive
  • Overall we could move towards a culture where the Executive is focused on Law enforcement and the Legislature on law making while both keep the Judiciary out of either responsibility thus reverting the original intent of the Constitution

Some would argue how is this proposal different from the current situation:

  • Legislative instability will not lead to an automatic fall of government. Impeachment would have a high bar
  • Legislators can no longer be induced by promise of power. In fact the Legislature will eventually return to is origjnal responsibility of law making.
  • A fragmented legislature could lead to gridlock. But then in the absence of anti-defection laws, a cultural shift could be effected where in Legislators can come together to propose bi-partisan Bills
  • The Executive will be free to function without worrying about Legislative instability for its survival.
  • A culture of direct accountability will be reinforced instead of this current disturbing trend by which Manmohan Singh, Nitish Kumar, Mayawati amongst others have taken the indirect route to holding Executive Office

No solution is perfect. But status quo is unacceptable. We cannot afford legislative instability and frequent elections, setting us back by paralyzing Governance.

We need Constitutional Reform and now is the time to force the issue.

In National Interest both the Congress and BJP should make common cause to push for this reform for it is in their interest more than the interest of Regional Parties to insulate their Governments from fragmented legislatures.

Filed under: Assembly Polls 2009, betrayal of aam admi, Constituent Assembly, Karnataka Polls 2008, Narendra Modi, Nitin Gadkari, Uncategorized, UPA-II Critical Appraisal

Rights based Left Liberalism has queered the pitch

Recent tweets

  • Must read highlights cognitive dissonance within UPA RT “@cbcnn_Pilid: Kaushik Basu’s full paper on Fin min website http://bit.ly/cheJ8Z
  • Interesting coincidence RT “@pragmatic_d: Shekhar Gupta on Congress’ left-turn. http://is.gd/eHzQ6
  • But Shekhar Gupta must realize this left ward drift is significantly different from the earlier ones on two counts
  • It has not concentrated power in State instead it has marginalized it devolving power to quasi-constitutional bodies with no accountability
  • In doing so it has created a stake for a new class of leftist special interests going far beyond delhi’s leftist intellectual circles
  • There in lies the long term damage to the Constitutional Institutions and to Governance
  • Disagree with @swapan55 http://j.mp/9Qw1Kd backroom interventions in Parliament are not same as taking a coherent public position on policy
  • Let us be clear there is only one credible yardstick to measure if BJP is on it’s way to recovery or not
  • That yardstick is the degree to which BJP challenges the Congress’ left liberalism at it’s very root through direct public policy positions
  • All else like this intervention on nuclear liability issue is just feel good politics that’s far from making lasting impact on it’s fortunes
  • Urgently needed – a “Values based Constitutionalism” to pose a credible challenge to the Sonia Rahul “Rights based Entitlement Left Liberalism”
  • Absolutely true federalism will be a key constiutional value RT “@raoabhijeet: @offstumped Alternative is True Federalism”
  • BJP’s current non-strategy can be summed up: Nation will tire of Congress. Let us be non-shrill enough to be acceptable to lead a non-Congress coalition
  • Hence BJP non-strategy requires not taking strong ideological policy position against Left Liberal entitlements to humor noncongress rag tag
  • Need more proof that Rights based Entitlements have queered the pitch for Congress http://j.mp/dufX3j
  • That LK Advani could not think of a single Rural Enterprise success story as theme for Peepli Live and only NREGA came to his mind says lot
  • RT “@centerofright: @offstumped he shld hv read @rashmibansal‘s stay hungry stay foolish or connect the dots, both have good examples”

Original Blog Post

In 2007 then BJP National Vice President and Lok Sabha MP from Orissa Juel Oram had raised the banner of protest in Orissa against the state government’s move to sanction prospective license (PL) to Posco for mining at Khandadhar iron ore reserve. Two years before in 2005 Juel Oram had this to say of his opposition to mining projects in Orissa

displacement will affect the socio-economic conditions of the people and this is a major issue. “When a project comes up in any locality it affects not only the tribal people, but also the community as a whole,” says Oram. He has been vehemently opposing the12-million-tonne POSCO steel project near Paradip. Thousands of people who were displaced by the Rourkela Steel Plant, the Hirakud dam, the Rengali dam, and many other medium and small projects have not been compensated till date, he says.

But for Juel Oram’s opposition there is not much to glean from the last 5 years on where exactly the BJP stands on the issues related to Mining from the point of view of the environment and more importantly the Forest Rights Act. On the Forest Rights Act itself there is little that can be found by way of an informed policy position from the BJP. There are stray stories on Chattisgarh Chief Minister Raman Singh demanding speedy implementation of the Act and later on Gujarat Chief Minister Narendra Modi claiming credit for its implementation in his state. But beyond that there just is little to glean on

#1 what exactly was the BJP’s contribution to the debate on this legislation

#2 if there was an informed point of view on this Legislation that was both rooted in its political ideology and was derived from an enlightened political/electoral strategy

#3 if there was even an attempt by the BJP to influence public opinion one way or the other on the various aspects of the Act to bring to bear pressure on the UPA in shaping the contours of this Act

The story is not very much different when one looks at the BJP’s role in shaping and influencing other key Entitlement programs succesfully legislated by the UPA as Constitutional Rights.

Let us take the case of NREGA to which every BJP ruled state government has been a willing party. But for stray election time remarks on NREGA there has hardly been any firm political opposition to it. But for this criticism from Yashwant Sinha, it is hard to find any strong position on the NREGA. Only belatedly Narendra Modi has spoken up on corruption within the NREGA but not much beyond.

The BJP’s approach on Right to Education, RTE is no different either nor do we see any well formed position on the proposed Food Security bill.

So what we have here is the BJP mostly reacting to the Congress’ left liberal “rights based agenda”, riding on its bandwagon in states where it is in power while being mostly clueless on the long term strategic implications of this “rights based left liberal law making”.

The Vedanta episode highlights how these Rights based  laws like the FRA have effected a long term strategic advantage to the Congress. The Rights based Agenda allows the Congress to

#1 – appropriate a messianic political role making any opposition to its agenda look petty and belligerent

#2 – give a stake to a nationwide network of NGO activists who in turn return the favor by advocating  its cause if not overtly by proxy. This is happening on multiple dimensions ranging from mobilizing public opinion on local issues to beseiging its political opponents through litigation and popular protest.

#3 – remake the electoral landscape to suit its class rhetoric. The myriad challenges in the recognition of these newly granted Rights will ensure an abundance of victimhood that the Congress can conveniently exploit as is evident from the Vedanta episode

#4 - give a permanent stake to the Delhi based Left Liberal opinion making class (across the media, Judiciary and intelligenstia)  in law making and law enforcement as is evident from the dual role played by NAC members

#5 – distort the constitution with complex legislation that over the long term weakens the primary Institutions of the State, diffuses accountability while creating new special interests that no non-Congress government of the future can either displace or fully overcome

The BJP on account of its intellectual vaccum and myopia has shot itself in the foot by contributing unwittingly to this Left Liberal strategic shift in favor of the Congress.

What is worse the BJP still does not see a need to chart a fundamentally different course Legislatively or Politically to challenge the Congress.

The Congress under Sonia and Rahul Gandhi may be lacking in tactical political acumen as is evident from the political bungling over Telangana. But the mother and son duo have more than made up for that lack of tactical political leadership by effecting a long term strategic shift in favor of a messianic role for the dynasty. Unlike in the past this time they have nurtured a network of NGOs and Delhi based special interests to ensure the gains from this strategic shift are Institutionalized.

This has raised the threshold significantly against any effective politco-intellectual challenge to this” Rights based Left Liberal Agenda in favor of the Dynasty”.

The Indian voter does have a mind of its own. Electoral outcomes are far from pre-determined. The Congress has no immunity from the effects of the Law of Unintended Consequences.

This “Rights based Left Liberal agenda” may not guarantee electoral success to the Congress.

But it does queer the pitch in favor of the Congress forcing the BJP to play a me-too game. A game that does not come naturally to the BJP, thus making it look like an opportunistic B-Team of the Congress.

And we all know when given a choice between the Original and a pale imitation, what choice the voter will likely make !

Filed under: Assembly Polls 2009, bengal polls, betrayal of aam admi, Chattisgarh Polls 2008, Chhattisgarh Polls 2008, Delhi Polls 2008, Dharmayudh-2009, economic freedom, Gujarat Polls 2007, India Elections 2009, India Lok Sabha Elections 2009, Indira Gandhi, Left Liberalism, Local Governance, Lok Sabha Polls 2008-2009, Madhya Pradesh Polls 2008, Madhya Pradesh Polls 2008, Maharashtra Polls 2009, Manmohan Confidence Vote, Maoist Terrorism, Narendra Modi, Nitin Gadkari, Progressivism, Rajasthan Polls 2008, Telangana, UPA-II Critical Appraisal

Maharashtra Results – End of the Road for BJP avatar

With Maharashtra assembly election results trending towards a Cong-NCP lead over Shiv-Sena BJP by a margin of around 30 seats it is safe to say that the BJP is headed for the dog-house in Maharashtra.

Barring any post poll horse trading which seems quite unlikely to do much to its status even if the situation were to manifest, the ramifications of the dismal electoral outcome are bound to have a ripple effect in the national party.

That some in the BJP were projecting Nitin Gadkari as a contender for the top BJP job irrespective of the outcome in Maharashtra is a reflection on the bankruptcy of imagination in the party and also a reflection of the grave inertia within the party to think boldy to embrace change.

More analysis and rationalizations will follow on this debacle once the final electoral outcome is clear. Much will be said of the Raj Thackeray factor and every other conspiratorial angle will be analyzed threadbare.

The bottomline however, as Offstumped had said before, is that the BJP is trapped in its rhetoric and legacy of the past while its Delhi based non-leaders are trapped in a Semi-finals mindset.

In the resulting impasse all decision making is reduced factional intrigue and myopic compromises stripping the Party of what little sheen was left of its claim to be the Party with a difference.

Irrespective of whether Narendra Modi is called upon to embrace the leadership of the BJP now or two years from now, we are staring at the end of the road for the BJP to emerge as a national alternative to the Congress.

This is not to say the BJP will not be a viable player in some states where it continues to fill the non-Congress political space.

However barring unprecedented acts of nature and god it is hard to see the BJP breaking new ground to sustain a bipolar polity at the National level.

It would take extradordinary leadership to make a clean break from the past and to chart a new course for the BJP, leadership that is nowhere on the horizon.

The defining faultlines of future electoral politics are decisively drifting towards socio-economic issues. Unless the Center Right stitches new coalitions around socio-economic interests to challenge the Congress’ maai-baap politics we are in for a Congress monopoly for at least the next two election cycles.

Filed under: Assembly Polls 2009, DesiPundit, India Elections 2009, Live Events, Maharashtra Polls 2009, Offstumped Community, Shveta Chhatra

Maharashtra Assembly Election Results – Live Blogging

With Maharashtra set to count the ballots, speculation is rife on the many scenarios that will likely unfold.

Here is what Offstumped will be looking forward to in the results.

#1 How viable is the Sharad Pawar factor – does he stand diminished, enhanced or just about stagnant ?

#2 What is the future for NCP as a standalone political entity ?

#3 In the akahara of Sena politics, which cousin emerges “tagda” ?

#4 How effective was Rahul Gandhi’s rhetoric ?

Finally of course the most important question to this blogger if not to the Maharashtra voter – What does this mean to the future of the BJP ?

Maharashtra BJP President Nitin Gadkari ran a marathon campaign of some 100 odd public meetings while his bete-noire Munde gave this election a nepotist hue. 

Nitin Gadkari who has also authored a Vision document on transforming Maharashtra’s infrastructure has been touted by both Swapan Dasgupta and Kanchan Gupta as likely to be promoted to New Delhi for BJP top job.

Will this election mark the emergence of a new viable leader who has been the BJP’s best kept secret ?

OR

Will this election merely reinforce the Rajnath stereotype that an election wipeout is a great Resume enhancer if you are contending for the top BJP job ?

So as Maharashtra prepares to count the ballots you can catch Offstumped live on

#1 Twitter

#2 at an Offstumped Community Live Event

#3 as always on this blog

Keep the comments coming ……

Filed under: Assembly Polls 2009, Lok Sabha Polls 2008-2009, Maharashtra Polls 2009, Offstumped Community,

RSS Now Playing on Offstumped Live

  • On Third Front day dreams and Uttar Pradesh nightmares – Wrap up Podcast March 14, 2012
    A podcast conversation with  @dubash (http://phalaka.com) where we wrap up the Uttar Pradesh polls discussion with a look at the final numbers and analysis of vote shares. We also look ahead on all the buzz around Akhilesh Yadav, the rise of the Samajwadi Party and all of the day-dreaming over a possible Third Front Government [...]
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Opinions expressed on this site using the alias Offstumped are the blogger's personal opinions and do not in any way reflect the views of the blogger's Employers.