Wednesday, December 9, 2015

LEGISLATORS OR PROFITEERS?

FROM BUSINESS WORLD OF 29 MARCH 2006


Offices of profiteers


The normal pattern, set for decades, is that the budget session goes on till early May with a three-week recess in the middle. Two months are given to debate over the budget from 1 March onwards; then outstanding business is dealt with over the first week or fortnight of May before Parliament adjourns. This year, however, the speaker has prorogued Parliament suddenly in the third week of March. He has announced that Parliament will be recalled in May. But in the meanwhile, the government has taken a recess – one might be tempted to call it a holiday – from Parliamentary scrutiny for six weeks.
As is customary, the Bharatiya Janata Party suspected dirty business behind the recess. It alleges that Sonia Gandhi is just as liable to be disqualified from her seat in Parliament for heading National Advisory Council as Jaya Bachchan for heading the UP Film Development Board. The government, it says, has set Parliamentarians home because while Parliament is in recess, it can make any law in the form of an ordinance, which remains valid until the next session. The opposition suspected that the government will use the recess to work out an ordinance which will confirm Jaya’s suspension and enable Sonia Gandhi to retain her seat.
Whether it was right in its suspicions or not will never be, now that Sonia Gandhi has resigned. All that can be said just now that the government gave the opposition every reason to suspect its intentions. The prorogation could not have been done more maladroitly.
Although the government has issued no clarification, it has not kept its reasons entirely secret. The government believes that the opposition is incapable of fulfilling its function of questioning and criticizing the government’s actions and of keeping it on its feet. The Lok Sabha chamber fills up for the question hour. But then – and often even before it is over – the opposition rushes into the well and begins a shouting session. It ends with the speaker adjourning Parliament, and so on till the next day. In the government’s view, Parliamentary sessions are largely a waste of time; if shouting and gesticulating is the only skill the opposition can muster, it can demonstrate it anywhere else in the country. The august chamber is neither necessary nor appropriate for such theatrical performances.
Apart from the sheer pointlessness of such sessions, they also waste ministers’ time. At least some of them have to be around in Parliament; in the meanwhile, valuable administrative time is wasted, and decisions are delayed. The Prime Minister, in particular, works long hours. He values every minute, and rues the time taken up in watching the opposition’s antics. Apart from this, a good deal of officials’ time is taken up in preparing answers to Parliament questions; that time too will be saved.
The dramatic curtain call raises two issues. One is, what are the implications of Jaya Bachchan’s disqualifications, and how to draw them out. Here, the government would be tempted to work out an opportunistic solution that would do itself least damage. But it should ask itself what was the original purpose of disqualifying legislators who held an office of profit. It was that they should judge the government without favour – that they should in no way be mercenary to the government, and that they should take a disinterested view, whether they were in the ruling party or the opposition. That reason is as valid as it was when the rule on the office of profit was formulated; for that reason, the rule should be enforced in full rigour. It is true that the rule has been honoured more in breach, and that its enforcement will disqualify hordes of members of legislative assemblies, as well as some members of Parliament. It is also possible that some of the rickety coalition governments will fall. But the earthquake will be healthy; it will restore to our democracy some of the vigour it has lost.

The other is that offices of profit are only the tip of the iceberg. A legislator does not have to hold an office of profit to make profit. He only has to exert pressure on ministers and get work done – usually improperly – to get money from supplicants. What a big business this is, is evident from the size of assets disclosed by veteran legislators to the Election Commission. It is also evident from the price some parties in Uttar Pradesh have been openly charging for giving tickets to candidates. Not only has the line between a minister and a legislator – a policy maker and a policy critic – been blurred; even the line between the government and opposition is in danger of getting erased. This is the worst result: with the coalescence of interests, democratic vigilance itself has become feeble. A graphic indicator of this is attendance in legislatures; most of the time, there is not even a quorum. The government may dismiss Parliament. But the Prime Minister should call together leaders of all parties, and initiate some introspection on the state of our democracy.