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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