Ref No: YAM/CPSC/ND/27/08/2011
Shri Abhishek Manu Singhvi,
Chairman
Parliamentary Standing Committee
New Delhi-110001
Dear Sir,
The Country is passing through a very crucial phase in 65 years of its Independence. It is on the threshold of big changes and a revolutionary transformation.
The Youth of the country is restless. The emotions have been getting the better of Man’s rationality, logic and Intelligence. The vested interests are out to create a surcharged atmosphere so as to camouflage sensible thoughts and logical debates, paving the way for sentiments and emotions to run high.
No, this is not the way, the biggest Parliamentary Democracy of the World, should be running its state of Affairs. This is no way to move forward. The flexibility, accommodation and absence of stubbornness, dialogue & negotiations are the crucial hallmarks of a vibrant Democracy. The extreme posturing without any attention to varied shades of opinion is fraught with danger.
The elected representatives are the choice of the people or the Janta. In a democracy, they are the true and only constitutionally recognized representatives of the people. Legislative activity is the prerogative of the Parliament and is spearheaded by the Government and Executive of the day as per the established norms, rules and practices.
Yes, there is always a scope of consultation, debates and discussion involving citizens, which may include NGO’s, social activists, students, teachers, Intellectuals & other opinion makers. The legislations which have wider ramifications, repercussions & connotations could be put to wider consultation mechanism. The issues involved in these important legislations could be debated through symposia, seminars, workshops at various levels so as to lead to a detailed formulation and useful modifications. However no one could be and should be allowed to usurp the Domain of The legislature or allowed to wrongly intervene and interfere with the jurisdiction or the constitutional role of the legislature.
The sneering espousal of plebiscitary democracy, that is calculated to generate anarchy is not acceptable and should not be encouraged. The Government cannot go to each and every Household or person to elicit suggestions or allow them to hijack the issue or force the Government cannot be forced to abdicate its responsibilities, it can invite suggestions as has been done by the Honorable Standing Committee of Parliament.
Again, coming back to the issue of Corruption, it must be realized that this is a very widely prevalent malaise and has been eating into the vitals of country’s social economic and political fabric. There cannot be a simple or a single panacea to complicated issues such as this, which have also to do with the psyche and the value system of the society as a whole.
There is a need for a basket of collective and concurrent anti corruption, grievance redressal, legal, social and political measures. A single monolithic institution or behemoth organization cannot and should not be allowed to have an all encompassing power and responsibility as it will be overloaded, over burdened and over stretched to carry out its multi tasks. The agitation deadlines, blackmailing posturing, stubborn attitudes, issuance of ultimatums, riding on the crest of public hysteria should not be allowed to get the better of us and promote extra constitutional mechanism.
For bringing any far reaching legislation, there is a need to condition the system thoroughly, and to provide adequate safeguards against its misuse. The implementation ability is very important for the success of new legislations of this kind. The very rigid and strong legislations with inadequate safeguards are likely to be misused. There is no denying, that there have been innumerable cases of misuse of well meaning and well intended legislations in the past.
An honest politician or a bureaucrat should not be subjected to sleepless nights on the basis of frivolous complaints of so called whistle blowers who may have a hidden or vested interest or personal vendetta to settle scores by misusing these powerful institutions.
This legislation should be brought in phases giving a chance to study its various ramifications and not enacted or created as a monster overnight. Giving widespread powers to a single unelected monolithic behemoth is a threat to Democracy. There is no need for impractical or complicated legislations which are difficult or impossible to implement. The so called Jan Lokpal Bill also leading to derail the checks and balances among the Judiciary, Executive, Legislature and other important organs of the democratic structure as enshrined in the Constitution. The legislation should not instill fear among the honest executives and should not disincentivise the bureaucracy to work freely and boldly in the public interest.
Such milestone legislations need to be evolved and cannot be enacted under irrational duress or under the pressure of unfounded and engineered public hysteria.
The corruption is rampant in our system, in Government as well Non Government. However there are still robust systems functioning effectively in the Government sector and there is a breed of honest political leaders, officers and staff, who discharge their duties with dedication and conviction for upholding the public interest. Things are bad but not that bad that one should feel so disgruntled, disgusted, dejected, despaired & disappointed. Let us not unnecessarily blow the issue out of proportion which may even threaten to tarnish Country’s image internationally.
Yet the existence of the curse of corruption cannot be denied. The malaise in any way needs to be addressed. The issue has now been mainstreamed and well positioned at the central stage of National Agenda for which the activists could be extended Kudos, but they cannot be allowed to circumvent the process of democracy which India fought so ardently in the 1940s.
This problem is not Government-centric alone. It is rather a social problem also. Corruption can be eliminated through a change in the attitude of the people themselves and the society as the bureaucrats and politicians too come from the same society. It is unfortunate to note that the LOKPAL is also simplistically being ordained by the activists as a solution to all varieties of corrupt practices. The anger against corruption on the one hand could be understandable, but how does that automatically qualifies for Anna’s action as correct and valid is not understandable.
For heaven’s sake, let us please not play on mass mania and unbridled mass frenzy by whipping up emotions without appropriately and practically addressing the core issues. The Anna Team cannot be allowed to hijack the country in the name of eradicating Corruption. How can 05 people of Anna’s Group represent the thoughts and views of 120 crore people.
The stubbornness in the activist’s agitation reflects their profound contempt for constitutionalism. While anti graft crusade is welcome, but efforts to undermine democratic institutions cannot be hailed or encouraged. The legislative process can go along with the activists’ agitation. Remember, any precedent which has the potential to subvert the democratic structure and allows the country to be held hostage to the whims & fancy of select groups (with justified or unjustified demands) is catastrophic.
Any efforts directly or indirectly aimed at rejecting representative democracy is beset with grave consequences and adverse repercussions on lawful governance. In a true spirit of democracy, one has to place the role of dissent squarely in the fulcrum of the debate, a fact grossly ignored by both the sides to the present discord. While gestures and symbolic methods may approve the intent, drafting of an act needs more informed debate and serious exercise. Let us not work towards creating an ombudsman, which later on may develop into a monster out to destroy the system itself.
The disproportionate media overplay laden with hysteria, emotions and hidden agenda and live telecast bombarded on hapless viewers on the basis of petty commercial (TRP) considerations, tend to eclipse the core issues and often deflect the focus from the real substantive practical issues/action. The exaggeration and repetition of the same news constantly erodes media credibility. There is a need for balance and objectivity and to eschew biased and sensational reporting. Noted Columnist, Shri Swapan Das Gupta, is right when he states that “the media want to provide ammunition to support their coverage and take liberty with objectivity”.
The media should not take and not appear to be taking sides. They themselves should not act as activists at the cost of objectivity expected from this 4th estate of democracy. The leaders of this agitation may seek pleasure by hogging the limelight and by successfully creating mass frenzy through their rhetoric’s but it is detrimental to orderly constitutional functioning. Let the saner voices be not lost in the cacophony of petty rhetoric’s being used for merely playing to the gallery.
The issues and the country are more important than particular individuals. Eulogizing an individual in utter disregard of the law of the land cannot be acceptable. Legislations cannot be drafted in Ramlila Grounds or Jantar Mantar squares.
Now, the Team of Aruna Roy, another civil Society group has also jumped into the fray and come up with its own suggestions and version of the Lokpal Bill. Her version too may have merits and may consist worthy sensible set of suggestions coming again from the so called civil society but this could be just another school of opinion and should be subjected to scrutiny.
Who will decide that a particular civil society group is a stronger and true representative of people or janta. How can Team Anna’s Civil Society group can lay claim to be the only true representatives of the people and hence become the lord of the last word on this crucial subject sought to be imposed through obstinate and blackmailing means. It could best be described as a dictatorship and autocratic manipulation by a section of people with no Constitutional Legal, Social or political Status.
For good governance, the Government of the day should not appear or allowed to be meek and weak as the might of the State, which represents the collective wisdom of the people should prevail.
The Following solution is advocated for the above:
The entire range of issues should be discussed in a multi party forum, where all political parties, Religious leaders or other stake holders and citizen groups should be invited, including Anna’s team but not only Anna’s team, though they represent civil society, they are not the only representatives of Civil Society.
Let us work together to address the entire gamut of corrupt practices by evolving a systematic broad national consensus.
As a matter of fact, I am not in favor of creating a Lok pal Monster which in our opinion, is likely to be weapon of misuse rather than be a medium for fight against corruption We are for a full fledged debate and consultation on this crucial subject and come-up with a solution within the constitutional framework with adequate safeguards. We feel the issue also involves changing the attitude and the mindset of the society as a whole.
I fully endorses the views expressed by the Shri Rahul Gandhi ( MP).in Parliament on August 26, 2011.In the context, it would be appropriate to quote the entire text of his speech delivered in the Lok Sabha.
Quote :
“I have been deeply distressed at the developments of the last few days. Many aspects of the situation have caused me anguish.We are all aware that corruption is pervasive. It operates at every level. The poor may carry its greatest burden but it is an affliction that every Indian is desperate to be rid off. Fighting corruption is as integral to eliminating poverty as is Mahatma Gandhi NREGA or the Land Acquisition Bill. Yet it is equally imperative to the growth and development of our nation.
Madam Speaker, we cannot wish away corruption by the mere desire to see it removed from our lives. This requires a comprehensive framework of action and a concerted political program supported by all levels of the state from the highest to the lowest. Most importantly, it requires firm political will.Madam Speaker, in the past few years I have travelled the length and breadth of our country. I have met scores of countrymen, rich and poor, old and young, privileged and disempowered who have expressed their disillusionment to me. In the last few months, Annaji has helped the people to articulate this same sentiment. I thank him for that.I believe that the real question before us as representatives of the people of India today is whether we are prepared to take the battle against corruption head on? It is not a matter of how the present impasse will resolve, it is a much greater battle. There are no simple solutions. To eradicate corruption demands a far deeper engagement and sustained commitment from each one of us.Witnessing the events of the last few days it would appear that the enactment of a single Bill will usher in a corruption-free society. I have serious doubts about this belief.An effective Lok Pal law is only one element in the legal framework to combat corruption. The Lok Pal institution alone cannot be a substitute for a comprehensive anti-corruption code. A set of effective laws is required. Laws that address the following critical issues are necessary to stand alongside the Lok Pal initiative:(1) government funding of elections and political parties,(2) transparency in public procurement,(3) proper regulation of sectors that fuel corruption like land andmining,(4) grievance redress mechanisms in public service delivery of oldage pensions and ration cards; and(5) continued tax reforms to end tax evasion.We owe it to the people of this country to work together across party lines to ensure that Parliament functions at its optimum capacity and delivers these laws in a just and time bound manner.We speak of a statutory Lok Pal but our discussions cease at the point of its accountability to the people and the risk that it might itself become corrupt. Madam Speaker, why not elevate thedebate and fortify the Lok Pal by making it a Constitutional body like the Election Commission of India? I feel the time has come for us to seriously consider this idea.Madam Speaker, laws and institutions are not enough. A representative, inclusive and accessible democracy is central to fighting corruption.Individuals have brought our country great gains. They have galvanized people in the cause of freedom and development. However, individual dictates, no matter how well intentioned, must not weaken the democratic process. This process is often lengthy and lumbering. But it is so in order to be inclusive and fair. It provides a representative and transparent platform where ideas are translated into laws. A tactical incursion, divorced from the machinery of an elected Government that seeks to undo the checks and balances created to protect the supremacy of Parliament sets a dangerous precedent for a democracy.Today the proposed law is against corruption. Tomorrow the target may be something less universally heralded. It may attack the plurality of our society and democracy.India's biggest achievement is our democratic system. It is the life force of our nation. I believe we need more democracy within our political parties. I believe in Government funding of our political parties. I believe in empowering our youth; in opening the doors of our closed political system; in bringing fresh blood into politics and into this House. I believe in moving our democracy deeper and deeper into our villages and our cities.I know my faith in our democracy, is shared by members of this House. I know that regardless of their political affiliation, many of my colleagues work tirelessly to realize the ideals upon which our nation was built. The pursuit of truth is the greatest of those ideals. It won us our freedom. It gave us our democracy. Let us commit ourselves to truth and probity in public life. We owe it to the people of India.”
Long live India. Long live India’s Parliamentary Democracy!
With Regards,
Rakesh Senger
General Secretary
YUVA…a movement
Email:yuva.amovement@gmail.com
Visit us:www.yuvamovement.com
