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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