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Democracy in Peril:Gang Rape of Parliament, by Inder Jit Print E-mail

EVENTS AND ISSUES

Democracy in Peril

Gang Rape of Parliament

By Inder Jit

(Former Member, Lok Sabha & Editor INFA)

India, its top leaders and the people at large appropriately hailed the restoration of Parliament in neighbouring Nepal, following a magnificent assertion of the people’s power.  Tragically, however, even thinking people and experts have not taken adequate notice of the havoc wrought on our own Parliament on March 22, raising a question-mark over the future of our democracy. Indira Gandhi’s Emergency of 1975 was diabolical. Thousands of people were thrown into prison. The right to life was even snuffed out. Nevertheless, the hated Emergency was constitutional. What happened in Parliament on that black Wednesday was extra-constitutional and in brazen violation of all norms and conventions.

Both the Lok Sabha and the Rajya Sabha were arbitrarily locked up as never before in the middle of the Budget session on the plea that there was “no Government business for the remaining part of the Session.” However, the truth is there was no lack of official business before the two Houses. The Lok Sabha Bulletin of February 16 nails the Government’s lie. It lists the “Government Business expected to be taken up during the Seventh session of the Fourteenth Lok Sabha”. This included consideration and passing of eight bills introduced in the Lok Sabha, three bills passed by the Rajya Sabha and returned to the Lok Sabha with amendments, one bill introduced in the Rajya Sabha, awaiting consideration and passing, and introduction of 26 new bills. Of these, only seven bills could be passed before the House was adjourned sine die.

Infinitely more flawed was its implied stand that Parliament is there only to transact Government business.  Parliament is there equally to provide the Opposition and others an effective forum to represent the peoples’ hopes and aspirations and to monitor the Government’s functioning. Remember, the basic canon of a democracy: the Opposition must have its say even as the Government has its way. Again, take the Question Hour, a hyphen that links Parliament to the Government. It empowers MPs to hold the Government to account. In fact, the Parliamentary system scores over the Presidential form of government by providing its MPs the unrivalled power to ask a Minister and even the Prime Minister any question.

On March 22, the day the House was arbitrarily locked-up, some 2000 notices for questions had already been received from the members of the Lok Sabha and 1181 notices from the members of the Rajya Sabha for the second part of the session from May 10 to 23. Answering them was as much a part of the Government’s official responsibility as seeking consideration of its own listed business. This is not to mention hundreds of No-Day-Yet-Named motions on important matters of Public Interest, Calling Attention Notices and Short Duration Discussions awaiting consideration for weeks and months. Ironically, however, the House was adjourned sine die for lack of work.

Equally reprehensible was the manner in which time-honoured conventions were violated and both the Houses adjourned sine die (indefinitely) instead of until May 10. The Speaker is, no doubt, empowered to adjourn the House. Nevertheless, this power is limited, according to Kaul and Shakdher, high priests of India’s parliamentary practice and procedure.  The Speaker adjourns the House at a fixed hour from day to day according to the calendar of sittings.  But he is required to seek the sense of the House if it is to sit beyond the normal hour.  In the case of any major variation, “the matter has to be decided by the House on a motion made on behalf of the Leader of the House.”  No such motion was moved nor was the sense of the House taken by the Deputy Speaker, then in the chair.

The question of “likely adjournment of the House sine die” instead of until May 10 was raised by the Leader of the Opposition, L.K. Advani towards the end of the day, marked by five noisy adjournments. Newspapers, he said, had spoken about sine die adjournment to enable the Government to promulgate an ordinance to shield Sonia Gandhi from disqualification as an MP on the issue of office of profit. But Madhusudan Mistry, Chief Whip of the UPA, dismissed such talk as “imaginary”.  Later, Advani pleaded that if there was to be any change then that “should be with the consent of all the political parties”.  The Minister of Parliamentary Affairs, Priya Ranjan Dasmunshi, thereupon assured: “If any situation arises, we shall certainly consult the leaders.” Half an hour later the House was adjourned sine die.

That is not all.  Havoc was also inflicted on Parliament on March 17 when the Budgetary process was reduced to a farce.  The Ministry-related Standing Committees, set up after years of crusade for more effective Parliamentary control over the Government, were short-circuited and, horror of horrors, the Appropriation Bill, providing for Demands for Grants totaling Rs.172,96,55,00,000 crore, was passed without reference to them.  This unprecedented action was justified on the ground that five States were going to the polls.   What was conveniently forgotten was that MPs from 25 other States were denied the opportunity of scrutinizing the demands closely.  Even the members from the five States could have easily participated in the Committee meetings, (2 to a maximum of 5) between March 17 to April 3, as originally envisaged. 

What of the future? Mercifully, the Lok Sabha was not prorogued. Nor was an ordinance issued.  Instead, Sonia Gandhi brilliantly chose the alternative route of tyaag to avoid possible disqualification. (If an ordinance was not envisaged, as claimed, will someone please explain why, oh why, was the House adjourned sine die?) The Speaker, Somnath Chatterji, was eventually able to use his power to reconvene the Lok Sabha on May 10.  In sum, however, the adjournment sine die holds out frightening prospects for the future since we have developed a genius for establishing bad precedents and then wickedly abusing them.

Parliament can now be locked up any time the Government does not wish to face it. This can however be prevented if both the Houses acknowledge that what happened on Black Wednesday was a horrendous mistake which must never ever be repeated.  Germany’s Weimar Constitution was the most democratic Constitution ever framed by the genius of man.  Yet, Adolf Hitler was able to turn it on its head and impose dictatorship.  Sadly, both the Houses willy nilly acquiesced in what was nothing short of a gang rape of Parliament.  Clearly, our democracy is in peril. We need to stand up and defend it with all our might. ----INFA

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