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Bill Of Rights:A CRYING NATIONAL NEED, by Ashok Kapur, IAS (Retd), 12 February 2008 Print E-mail

OPEN FORUM

New Delhi, 12 February 2008

Bill Of Rights

A CRYING NATIONAL NEED

By Ashok Kapur, IAS (Retd)

Democracy without education, an eminent political scientist has concluded is hypocrisy without limitation. It is not known if he coined the adage in the contemporary Indian context. However, it is very much the ground reality in our country today. The wily Indian politician is accountable to no one. He is playing havoc with the system and the rule of law, without any check or restraint.

Simply put, democracy is a system of checks and balances. The moment the checks are removed, imbalance results. Thus, democracy is reduced to a mere form, devoid of meaningful content. Periodic elections are the mode of selecting our representatives to reflect the people’s hopes and aspirations in the legislature. The real content of democracy is the day-to-day governance of the nation by the ruling politicians, in accordance with the Constitution and the laws framed under it.

Some recent events give cause for concern. In theory, all elected Ministers are supposed to take the oath of office to preserve and protect the Constitution. In reality, they twist and turn the Constitutional norms to subserve their political agenda to perpetuate themselves in power. Take the case of the Union Health Minister. He is positively sick. And like all elected Ministers, he wears two hats. He is not only a member of the Union Cabinet but is also a member of a political Party.

In his case, a regional political Party with a singular casteist agenda. Having appointed himself as the Chairman of a premier health research institute in the country, he violates all basic Constitutional norms. A Minister in a democracy heads a department and provides policy inputs. According to Article 53, all executive action of the State is exercised in the name of the President and is carried out by “officers” subordinate to him.

The day-to-day administration of the department is carried out by the permanent secretary who is a neutral civil servant, with no political affiliation. It is not the Minister’s task to personally administer; he is neither trained nor qualified to manage institutions and organizations. Clearly, the Union Health Minister has violated democratic norms by appointing himself as the Chairman of a public institute. The inevitable consequence has been that the AIIMS has been thoroughly politicized.

Another serving Minister in the Union Government is openly pushing for reservation of jobs on caste lines in the private domain. This is unconstitutional and all the more unfortunate as a Minister is under oath to preserve the Statute. Such reservations are a policy matter, having grave Constitutional ramifications. It is not known whether the policy has been advised by her ministry, after examining all the pros and cons of the issue. It does not appear to be so, as the Constitution does not authorize the Executive, of which the Minister is a part, to regulate private employment.

Another Union Minister, who is supposed to be entrusted with developing human resources is similarly pushing a casteist agenda. Ostensibly, the measure has been proposed in the name of “social justice” but it is actually to perpetuate the Minister in power. In the bargain, the civil society may well be permanently fractured on caste and class lines.

Besides, it may tamper with the Constitution and affect the fundamental rights of the citizens. But this appears to be of no concern to the Minister. It is similarly not on record if the step has been advised by his ministry after examining the proposal and its Constitutional implications. It is also not on record if the move, sprung overnight on the civil society, has the authority of the Cabinet behind it.

The aforesaid are just some instances of our ruling politicians’ total disregard for Constitutionalism and the rule of law. These are extremely dire portents for the long-term prospects of a healthy democracy in India. As it is, by carrying out more than 100 amendments to the Constitution, in a span of less than 60 years, the politician has reduced the Constitution to a mere caricature of its original form. As a result, the citizens’ fundamental rights are being insidiously eroded. It would be worthwhile to contrast the position in the world’s oldest, most stable and vibrant democracy under a written Constitution. Not even two dozen amendments have been carried out over almost a century and a half of its working.

These are just a few instances of the ruling politicians’ virtual non-accountability to anyone in reality. Conceptually, members of the Cabinet are accountable to the Parliament. But today the Parliament is hardly functioning to its optimum capacity. The disruptions in its working are so frequent and persistent that ministerial accountability hardly exists.

It is in this context that the civil society at large should wake up and ponder on the enactment of an Indian Bill of Rights based on the U.S. model. Recall that the enactment of the first Constitution in the world, the American, was preceded by a Holy Covenant drawn up by its people. They reserved to themselves certain basic rights of man like the Right to Life, Liberty and Pursuit of Happiness. They declared that these are inalienable, sacred rights, which the Supreme Creator has endowed all citizens in a free society.

These rights are not the gifts of the legislators nor are they granted by any act of the legislature. Hence, these are beyond the reach of the politicians. The U.S. civil society thereafter elected ruling politicians, essentially their temporary delegates, not to award them but to “secure these basic rights” with the device of a written Constitution.  

In the absence of a Bill of Rights for India, the fundamental freedoms and rights of the citizens are under serious threat from the wily politician. Till these rights are protected and secured, the citizens will not be able to breathe easy. --- INFA

(Copyright India News & Feature Alliance)

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