Goverment In India

by T S R Subramanian

  The politician has fought all his political life to become a minister. Of course, once he becomes a minister, his eye is set on becoming a senior minister and later if possible, and if circumstances permit, the chief minister – who knows even the prime minister! Let us, however, look at the earlier stages. He has had a hard life, fought many battles, literally and figuratively, to climb the political ladder starting from the village or the district. He bears many scars, but has also tasted different kinds of blood on his way up. He has taken on the village patwari, or the police station officer or the block development officer (BDO), starting with legitimate causes, moving on to support anything which promises him a return, or takes him to the next rung in the political ladder. At the appropriate time, he has to spend a lot of money to get the 'ticket'; thereafter, he spends a small fortune in getting elected. There is, of course, the possibility that he may lose the election; in this case he repeats the process and tries again three or fours years later. In any case for the assembly election, typically he has spent three or four crores (and for a parliament election, six or eight crores or more). Well-wishers and other 'investors' treat him as a business proposition and provide 'venture capital'! If successful, it becomes essential for him to recoup all his expenditure, 'build reserves' for the next fight and then since the next victory is not certain, make as much hay as he can in his present term. This means that he has to generate enough funds to look after his next three generations, at least. The process is repeated with each victory except that the numbers get multiplied by many-many factors. It is like a small-scale industrialist over a twenty-five year span taking his company to the highest level and enters listing in the stock market, and gets into the Sensex.

  For many politicians, it is merely a money-making exercise. It is a field full of pitfalls; major 'entrepreneurship' is needed and large risks are to be taken. While he may be surrounded with dancing 'black cats' later in his life, for the present the physical risks confronting him are high. Perforce he resorts to a situation where a group of five or six or twenty or fifty supporters surround him all the time, giving him physical protection, and participating in every move he makes. It is not unusual if his supporters, depending on the occasion, circumstances and means, are utilised to create a dharna, beat up and frighten a rival, intimidate or thrash up or even kill a government official; in short, a mini-mafia is created with all the risks, and huge potential rewards. There are obviously brushes with the law that may leave a scar. No matter, the journey has begun and must go on. While there are sharks and snakes in the path, and tigers lurking to swallow him, he does not have to deal with a political Securities and Exchange Board of India (SEBI), a regulator that keeps him on his toes. All he has to do is to keep one jump ahead of the law; the means he uses are not relevant.

  The moment he becomes a legislator, he suddenly acquires legitimacy and respect. The district authorities deal with him with care; he becomes fully aware of his 'constitutional protection', as a legislator. While hitherto he had to skirt the law and deal nimbly with it, henceforth his attitude is as of one above the law. The transformation has taken place. He now has licence to practise lucratively, with all the protection the system allows him with little regulation or control, to play the field and make his fortune manifold. Thus, he has acquired the right to ask assembly questions for money, divert government development funds to contractors of his choice, do some delicate or even crude blackmail here and there and generally exploit the opportunities that present themselves. In every district there are countless people who need something from the administration – legitimate or otherwise – a land registration, a permit of some sort, an approval for building or for prevention of demolition, the list is endless – he is now qualified to act as consultant or adviser or sponsor to any or all of such people.

  The founding fathers of the Constitution did not envisage that the ambitious politician would proceed in this direction; amazingly, they did not even foresee the impact of giving power without countercheck; the legislator has now no hurdles or road blocks. He is the truly free person in India – what the Constitution promised to the common citizen but could not deliver. Surely, in such matters, one cannot paint everyone with the same brush. The laws of normal distribution apply; there is a very wide variety in human nature, aptitude, ability, risk-taking levels, inclination as well as intellectual capability – there are many many honourable politicians who do not follow the path mentioned above. However, it is a fair broad descriptor of the tribe; the description also does not relate to a small minority.

  Politics as a Business Venture – private profit, public loss…

  Over time, and with increasingly unstable state governments, the ability of political leaders at headquarters to resist pressures from field politicians has all but gone. In fact, the only work some chief ministers do is to comply with requests for transfers and postings of officials. All it requires is for two prominent politicians of the district to come to headquarters and demand a transfer; and it is done. In 1990, when I returned to the state from Geneva, I went to the office of the appointments secretary to intimate my arrival and mention my availability for a posting. Her room was like a busy railway platform; hordes of MLAs and petty politicians from various districts were milling around, practically gheraoingher to press for the transfer of one official or the other.

  While his entire formative years have been spent intervening with local authority to further political ends, the average politician reaches his 'level of incompetence' by the time he becomes a legislator. The classic role of a legislator is to aid in policy-making, and help propagate policies of the ruling party or generate opposition against undesirable policies in case he is in the opposition. This is his classic role, perhaps as envisaged by May. However, on reaching the portals of hallowed legislatures or parliament, he is unable to grow into his new responsibilities, and continues in his old ways, in general exacting a larger tribute, depicting his enhanced status.

  In short, entering politics today is a business venture; much as a young entrepreneur would invest in a business, with the ultimate aim of making a fortune. With honourable exceptions, this has sadly become the rule of the day. Fortunately for the politicians, the courts generally are benign on the grounds of 'privilege of the legislator', and there is no equivalent of a SEBI to watch over malpractices; in short, there is no regulator for politicians.

  I have described above the classic route taken by most of our current 'leaders'. Of course, many other paths are available. It is easier for a son or daughter to enter politics; much like the off-spring of a business tycoon straightaway taking major responsibilities (and rewards) without going through the mill. This route is now increasingly being used, now that we are a 'mature' democracy and more sons and daughters are available to be elevated! In general, there are pluses and minuses to this route. The benefit is that their parents have done all the hard work, taken the risks, and made the fortune for the family. The thirst to enter politics solely to make money is not their motivation; the leg-up is provided by the parents. This tribe is generally more honest, and genuinely wants to 'do good'. The downside is that they are generally city-bred, inexperienced with the rough and tumble of issues agitating the daily life in rural areas where their constituents live, and in general are 'greenhorns'. They generally are 'convent educated', speak good English, many with an American or British accent, and conduct themselves well in debates and English TV news channels. Their ability to manage with acumen their inherited empires is still to be proven. It would be recalled that Rajiv Gandhi was thrust into politics by circumstances; he had to learn the job while in saddle. This can and did prove so costly. When he came in he had a massive mandate, and could have rapidly taken the country in any direction he desired; by the time he learnt the ropes, the opportunity was gone. There is increasing manifestation of the principle of 'inheritance' in politics; the off-spring of most successful politicians 'expect' to inherit the mantle as a divine right, their parents do all
that is legitimate or not so legitimate to ensure 'succession' – democracy's true colours are that it is imperial and dynastic in nature – this suits the Indian genius.

  To break into politics as a leader, many innovative techniques are adopted. One has recently seen the spectacle of Raj Thackeray raising highly controversial and divisive issues, to gain acceptance as a politician. This is the 'sacrifice' he has made, i.e. to be summoned by courts for making fiery speeches, to claim to become a 'people's representative', and to carve out his own political space. He apparently expected to inherit leadership through the dynastic route, but having failed the attempt, had to resort to dubious stratagems, to climb the political ladder. With huge rewards attending political heights, innovative and sometimes dangerously risky routes are resorted to – after all, is there not the old adage, 'no risk, no rewards'!

  Different parties are run differently in India. Nominally, many of these have a democratic framework, with formal party positions and office bearers seemingly chosen 'democratically'. But the fact is, most parties function nearly dictatorially, headed by the chief. A case in point is that of the Congress, the oldest active party in India which is run as a personal fiefdom. All we need to do is to see the body language of very senior Congress politicians including ministers, and even the prime minister, when coming into personal contact with the supremo. When I once ribbed a senior politician, suggesting how she could accept so much arrogance without demur from the party boss, she quietly withdrew from the conversation – she had little to say. Parties are also run on the Sun Tzu principle that the soldier should fight loyally for the party, make sacrifices, and when victory comes, no one will question him if he gorges on the spoils. Thus a party will not question its loyal servants on any ethical issues, so long as the loyalty continues. Even parliamentary heavyweights act as pet poodles, when in the presence of the master.

  With a plethora of regional parties emerging, a new style of party functioning has emerged in many parts of India. Party leaders act as despots in so far as party affairs are concerned. This was the tone started by Indira Gandhi and picked up for emulation by many successful leaders at the state level.

  The Politician Today – above or beyond the law . . .

  There are instances galore where politicians have shown themselves beyond the law or treat themselves as outside the purview of decent human behaviour. A random sampling is given below. Some time back two incidents concerning our legislators received some media attention in the same week. Most TV channels carried pictures of an MLA in the J&K assembly violently fighting the house marshals, throwing fisticuffs and generally using strong language. It could well have been a scene from a wrestling match, shown on sports channels! The other notable event was the publicity given to the arrest of an MP, who has more than thirty-five criminal cases registered against him, and who was absconding for eight months – yes indeed, eight full months, like a mafia don on the run.

  When the J&K MLA was invited to explain his conduct, he did not show any contrition or regret for his disgraceful behaviour in public. On the contrary he stated categorically that he would do it again if the occasion so demanded! The MP who was 'on the lam' for eight months, represented Phulpur constituency in Allahabad, which once had the honour of electing Pandit Jawaharlal Nehru as its representative. It is a sign of the times that the same constituency has a history-sheeter to proudly represent it in the nation's highest 'deliberative' and 'decision-making' body!

  There is no doubt that false charges are regularly slapped on politicians, indeed on citizens in general, by a vengeful authority, all over the country. Thus it is not unusual to find charges based on political vendetta being framed and cases registered against political opponents, and others. But one must be privileged indeed to have forty-five different cases registered against himself and still have the honour to represent the constituency! This is also an indication of the qualities required of a political aspirant who wishes to become a state or Central legislator. Probably this also throws light on why 'decent' middle-class people, professionals and other categories do not wish to enter the violent field of politics. The politicians have created an atmosphere, which now pre-empts large segments of society from entering the public arena.

  In the 15th Lok Sabha, nearly a fourth of the members had criminal charges pending against them, many of them serious, including murder, rape, dacoity and kidnapping charge-sheets. Cases against many politicians have been pending in courts at one level or the other for decades. Politicians are allowed to continue in positions of authority for long periods, even when they have been found guilty by the lower court. Why should it take fifteen or twenty years for such corrupt politicians to be declared guilty or clean by the judicial system? When a citizen goes to vote, he gets the depressing feeling that the choice available to him is all bad. His choice is often between the thug, the thief and the goonda – no wonder there is so much apathy among the public towards those who are supposed to serve them.

  In the case of civil servants, the established practice is that if a criminal case is registered and a chargesheet filed in court, and the court accepts the charge for trial, the person concerned is immediately required to be under suspension. There are innumerable cases where government servants remain under suspension for years on end, only to be finally acquitted of all charges after a complete trial; no doubt in the meantime they may have lost many promotion opportunities and indeed denied the opportunity to serve the public – in any case, this would have prejudiced their future careers beyond repair. However, the point to be noted is that these are public servants and the moment a criminal charge is under consideration in a court of law, they are precluded from performing public functions. There is just no reason why this principle cannot be extended to the political class. After all, ministers and legislators are also public servants (though most of them consider themselves to be emperors or nawabs!), even more so than government servants, who are now seen as 'mercenaries'. The same principle as applicable to government servants ought to be made applicable to politicians, precluding them from holding public office or functioning as legislators till their names are legally cleared. In this regard, the differential treatment between civil servants and politicians is definitely invidious. Clearly differentiating in the treatment of two categories of public servants in this manner could be argued, with some legitimacy, to be discrimination under the provisions of Article 14, which guarantees equal treatment to equal categories. Both the Permanent Executive and the Political Executive are part of the Executive; only their method of recruitment or entry to public service is different. Both take oath under the same Constitution at the time of becoming public servants. It could be legitimately argued that there is clear discrimination in their treatment in terms of the legal processes. Even if legally and constitutionally the distinction could be made, it is clearly invidious, immoral and unconscionable. This single step, of applying the same principle to the political executive, will also ensure that the state legislatures and the parliament will get substantially cleaned up in the process.

  There is also a strong case for creating special courts or a special judicial mechanism to dispose off cases against legislators, who are holders of public office, expeditiously. The current theory is that the law cannot make a distinction between a common citizen and a 'privileged' person; and therefore, the same processes are applied. This is fallacious – first, the common citizen also deserves much more expeditious judicial remedy than at present. Secondly, the reality is that the privileged in our society, i.e. the politicians, the businessmen, the government servants, are able to influence the investigative/prosecution/judicial process through money power and other means. There is no reason why their cases cannot be taken up expeditiously for a final verdict. In any case, it will be bizarre if a charged person is allowed to hold office for years on end while facing a criminal charge; when at the end of it all if he is convicted we have allowed a tainted person to influence society from a commanding height. The
se are important reasons why there is a need for a fast-track consideration of cases against politicians, legislators and ministers.

  The Ubiquitous Politician – even babies see him in their dreams . . .

  The nation has a love-hate relationship with the politician. Every daily newspaper, every media report, every television news station has to have at least one major headline every day concerning this or that politician. Mostly, this relates to what the minister or the prime minister or the chief minister 'said' – there is little to report on what they performed or achieved; unless the news story relates to yet another foundation stone being laid. Particularly during election periods, before the 'code of conduct' comes into play, there is a rush of foundation stones or bhoomi poojans in every district; generally if the government changes (and even if it does not), many of these stones are forgotten and left to posterity. I wonder if it has been considered by any politician that he would not lay any foundation stone, but would come to inaugurate the institution of the agency only when it is complete and operational – this of course would be too logical for implementation.