The elephant needs shock therapy

Democracy is a form of government in which all eligible citizens have an equal say in the decisions that affect their lives. India adopted representative democracy because of its size; people elect their representatives to power on a periodic basis. India is referred to as an elephant (in contrast to Asian tigers) because it is very big in size (population wise) and it moves very slowly (decisions, reforms and growth wise).

During the early years after independence our leaders nurtured democracy, made people centric decisions, and were honest and not motivated by personal gains. Lal Bahadur Shastri resigned accepting moral and constitutional responsibility for a railway accident at Ariyalur in Tamil Nadu that resulted in 144 deaths. While speaking in Parliament on the incident, Nehru stated that he was accepting the resignation because it would set an example in constitutional propriety and not because Shastri was in any way responsible for the accident. There were other examples too. The standards today have stooped so low that the corrupt are rewarded leave alone ethics.

If India could not achieve rapid growth and development until mid 1960s it was because of the excessive socialistic and idealistic orientation of our policies rather than the intent. After Nehru, there was widespread realization that our policies have failed. A crisis situation emerged when USA stopped food aid temporarily. Lal Bahadur Shastri as the PM undertook bold measures and green revolution was the result of such an effort; however more reforms could not be initiated because of his untimely death.

The unsaintly politics and power struggle that followed cripples Indian democracy till today. Criminalization of politics, corruption, dynastic politics, nepotism, cronyism, misuse and abuse of power and bureaucracy, sectionalism, caste politics, politics of divide and rule, politics of fear, politics of religion and a false sense of nationalism etc have become synonymous with Indian democracy. There are numerous examples of the above and hence I will leave it to that.

Reforms to treat these ills have been few and far between: toothless anti-corruption agencies like CBI, CVC and Lokayuktas (in some states) were created. Rajiv Gandhi undertook certain measures to reform and modernize the government but it was not until the 1991 balance of payment crisis (another crisis) that we were to have serious reforms (and these were not enough). There was no intent this time from our politicians, they had to reform because they did not have any choice.

Early 1990s also saw the fall of communism; reforms in many other developing countries; liberalization; globalization and proliferation of information technology. Information began to flow at an unprecedented rate, a vigilant media and civil society emerged. Civil Society pressure has led to some major reforms like Right to Information (NCPRI and others); Code of conduct during elections; Right to know candidate’s criminal background before elections (ADR); Police reforms etc. It has been clear however that there has been no serious initiative from the ruling class towards reforms. Criminalization of politics, corruption, dynastic politics, nepotism, cronyism, misuse and abuse of power and bureaucracy, sectionalism, caste politics, politics of divide and rule, politics of fear and politics of religion and a false sense of nationalism etc have become like multi-drug resistant diseases. At the same time, following the Darwin’s law of evolution corruption has stepped up from license raj to resource raj (read 2G and Coal gate).

The vigilant civil society of India is growing increasingly restive partially due to its successes too. However the political class has adopted an increasingly arrogant stance. Activists and common people are mocked, called guttersnipes, threatened openly and killed. Criticism from our PM of RTI (yes, he speaks sometimes) shows that they created a Frankenstein. There has also been criticism of well functioning constitutional bodies like CAG and Supreme Court. Multiple cross cutting nexuses have emerged: Politics-Criminals, Politics-Bureaucracy, Politics-Businesses, Politics-Media (paid news), Politics-Civil Society and even between rival political parties. Again there are numerous examples of the above.

Why isn’t our democracy able to evolve and reform itself on a continual basis? Why is a crisis like situation always needed? Why does the elephant always need shock therapy? There have been calls for right to recall, right to reject, Lokpal etc but will these reforms be enough? Even if we assume that these are enough, why will the ruling class dig their own grave? Can the citizens of India vote out the corrupt political class for a non-corrupt one? Who is non-corrupt by the way? How can we usher in a mental revolution of oneness in a diverse India and recognize the politics of divide and rule and sectionalism? If education was the answer to all these questions, why has the increasing literacy rate failed to achieve greater democratic reforms?

The answers to these difficult questions require inputs and analyses from multiple fields and themes. Intellectuals, editorials etc continue to suggest and debate various measures to specific and cross cutting issues. I would try to dwell on the solutions in different posts however there is one data that is worth mentioning here. The voter turnout in elections in India is so less that even an insignificant group (number wise) becomes significant in deciding the outcome. Majority of those elected receive less than even 20% of the votes (casted and non-casted). If people start voting in numbers, the dynamics of politics can start changing in India and for good.

Your Right, My Plight, Soft State and Judicial Executivism

The constitution of India guarantees to its citizens certain Fundamental Rights through Articles 12-35. Article 19 – Right to Freedom has wide scope which contains Freedom of Assembly. Every citizen has the right to assemble peaceably and without arms. It includes right to hold public meetings, demonstrations and take out processions. This provision however does not protect violent, disorderly, riotous assemblies, or one that causes breach of public peace or one that involves arms. This right does not include right to strike.

The limitations have been clearly outlined as extreme exercise of the right can lead to breach of Fundamental Rights of other citizens and to deal with it government has put in a mechanism through certain laws mentioned below:
Under section 144 of Criminal Procedure Code (1973), a magistrate can restrain an assembly, meeting or procession if there is a risk of obstruction, annoyance or danger to human life, health or safety or a disturbance of the public tranquility or a riot or any affray.
Under section 141 of the Indian Penal Code, an assembly of five or more persons becomes unlawful if the object is to threaten government or its officials on exercising lawful powers.

Though the legal framework is particularly sound, its enforcement has not been adequate. Jat agitations and Gujjar agitations (just to name a few) have caused huge losses to the state exchequer . Policing functions lie under the control of state government so it is the duty of the state government to keep a check on these agitations but the reality is completely different, the populist political head incharge of the state government instead watches silently and even support these agitationsin some cases due to fear of vote bank loss. But what about the rights of those groups who are not strong enough? Those in power are wise enough to use the laws selectively, as was in the case of midnight crakdown at Ramlila maidan (not that I support baba Ramdev).

Executive inaction/ misaction leading to a soft state leaves the arena open for judiciary to step in and direct the state to take adequate measures. This leads to tension between the government and the judiciary. Government and some sections of conservative intelligentsiaquestion the usurpation of executive functions by the judiciary. This phenomena is not good for a parliamentary democracy as executive functions are meant to be exercised by the elected representative and not the judiciary but there is noting less judiciary can do about it either.

A probable solution could be a law that calls for proper implementation of the existing laws. (I am not serious)

The Unusual suspects: Presidential race or Prime Ministerial race ?

The elections for selecting the 13th President of India would take place on 19 July 2012. News sources have kept us updated of every minute backroom political arithmetics. There have been political gives from the Congress in the hope of gets, most notably the recent financial aid to West Bengal and the election of Dimple Yadav uncontested to a Lok Sabha seat. What is Congress expecting now - support from Mulayam and Didi for their presidential candidate - Pranab Mukherjee. 

Why Pranab Mukherjee? Has his political career come to an end? Is he of no political value to congress anymore? If the reason was to handpick a candidate whose heart and soul would be with congress even after election as President, why not anyone else ? The reason is to get Pranab Mukherjee out of the frame for 2014.

In 2014, the general elections to Lok Sabha will take place. Lets see who could be the Prime Ministerial choice in the event of congress coming to power again. 

Sonia Gandhi - no, she likes authority without responsibility.

MMS - nah, surely not again.

P.Chi - are you kidding me ?

Kap.Si. - bad joke, isn't it ?

So only Pranab Mukherjee and Rahul Gandhi left. While the achievements of Rahul Gandhi are being the scion and keeping himself free of controversy by keeping his opinion to himself; Pranab Mukherjee is probably the only leader of note Congress is left with now. With long political career, huge experience and a sound image (and there are a lot more qualities) he would be an ideal candidate for the post of PM. 

Problem: Right then, the thorn to the throne is Pranab. Lets get him out of the way.

Solution: Make him the president. Saap bhi mar jayega aur lathi bhi nahi tutegi.

Freedom of choice without options

India is the largest democracy in the world. We elect our representatives through voting as democracy gives us freedom to choose. But freedom of choice is meaningful only when we have options to choose from. In theory Indian democracy seems perfect but its actual functioning has left much to be desired for.

Various candidates mostly belonging to different political parties contest elections and get elected. As representatives of their area they are voices of people. But the truth is they tow their party line. In India political parties are undemocratic and opaque where dynastic politics and despotism is rampant. There is even a constitutional law popularly known as anti-defection law (inserted through 52^nd amendment in 1985) that kills the democratic spirit.

The provision of this law states: “A member would incur a disqualification under paragraph 2 (1) (a) when he “voluntarily gives up his membership of a party” and under 2 (1) (b) when he/she votes (or abstains from voting) contrary to the directive issued by the party.”

As the name suggests the law is supposed to deter defections by elected representatives (MPs and MLAs) who had earlier given their support to form the government. This is to maintain stability in the government. But the law has put the power in hands of party hierarchy. Provision 2(1)(b) stated above is applicable not only to confidence vote but also to any other decision/law/debate matter.

Do we vote for individuals as our representatives or a political party? Even if we do vote for a political party, is the political party system in India democratic? NO! The political party system in completely opaque, power is concentrated in the hands of few elites who run the show. This breeds dynastic politics and despotism leaving Indian democracy without substance.

Major electoral reforms have long been pending now. There has been talk of bringing right to recall. Right to recall gives the power in the hands of people whereby they can remove their elected representative before the term has ended. This would be an extreme measure and cost of re-elections would be huge. And even if we bring this reform, whom would we re-elect? Does, undemocratic anti-defection law leave us any choice? Yes we do have freedom of choice. Alas, no options to choose from.

Flawed Priorities

It is widely accepted that GDP growth cannot be a measure of a country’s development. Measuring development is very complex but there are certain accepted measures, one of them being Human Development Index (HDI). Human development Index combines three dimensions – A long and healthy life (Life expectancy at birth), Education Index (mean years of schooling and expected years of schooling), a decent standard of living (per capita GNI). India is ranked 134/187 in this index. Iraq, Syria, Palestine, Iran, Sri Lanka and Thailand are some of the countries that are ranked above India in this index.

If we look closely at the HDI of various states in India the findings are more shameful. If Uttar Pradesh and Bihar were independent countries, they would be ranked 5^th and 12^th in terms of population respectively & 148/187 and 161/187 respectively in HDI’s. Eight of India’s least developed states (BIMAROU states +Assam) constitute 47.62 % of India’s population with their combined HDI lying in the low HDI zone. I can safely say that India is an under-developed country.

India is a socialist country as mentioned in our constitution. It can be argued that the policies India have adopted since 1990s have been of capitalist nature but in truth those steps were means and not the end. The end was to generate sufficient income for the country, boost employment, and increase revenues of the government which could be utilized for development. Distributive justice is important component of socialism whereby government undertakes measures to tax the rich and spend on welfare of the poor.

But Indian spending priorities are flawed. While the ultra rich drive their SUVs on government subsidized Diesel, the government keeps financing the losses of Air India which has no utility for the poor. Spending Billions on enriching the infrastructure of metropolis and comparatively well off states has lead to more migration and unplanned urbanization which has created greater problems. Most of the developmental subjects (health, education etc) are in the state list but governments of the poor states have very less funds at their disposal. Further, expenditure from central quota is based on discretion of the central ministries which are mostly politically motivated.

In recent years, India has increased its defense spending. India has become a donor to some under-developed countries. India also organized the CWG games to showcase itself to the world. It can be argued that these spendings are of strategic concern. But the truth is – India chose these ahead of other pressing needs.

One half of India booms and other is under-developed. The priorities of the Indian development story are flawed.