Political deterioration

By K. K. Katyal

AN UGLY face of the political establishment has shown up as a result of recent developments - cross- voting by legislators in the elections to the Rajya Sabha and the induction of the entire Congress(I) group in the new Bihar Ministry, of which the party is only a junior partner. All this in the wake of frequent, blatant defections by MLAs and widespread allegations, even firm evidence, of a nexus between politicians and criminals. Disconcerting, indeed, is the report from Patna that an MLA, chosen for a Cabinet berth, could not take the oath because he had been absconding. Tomorrow, we may well be told that a political worthy is not available for swearing-in because, just at that point of time, he was engaged in a bank robbery, which was planned earlier and hence could not be deferred.

Cross-voting in the Upper House poll is a symptom of the malady that has eaten away into the vitals of public life - it is delinquency compounded by cowardice. But other cases are not any less serious, especially open opportunistic floor-crossing by legislators, often leading to the making and unmaking of Governments. Or the intrusion of criminals into the electoral process and their presence in the Assemblies or the close liaison between politicians and the mafia and the underworld. With law- breakers turning into law-makers, it is not hard to imagine the quality of legislation. And what about the havoc caused to the administration, if some from this category are given ministerial slots? Those who defy the whip and support, stealthily of course, the candidates other than the one fielded by their party are influenced by either money power or factional considerations. In either case, they are a disgrace to the system. The problem may be solved partly if secret ballot is replaced with open voting. It will take care of the cowardice factor, if nothing else.

The induction of the 22-strong Congress(I) Legislature Party in Bihar in the Cabinet has outraged the country, but the ruling National Democratic Alliance at the Centre did not - it could not - make political capital out of it. The NDA did come out with critical statements but did not go the whole hog with its indictment. The reason: the BJP itself was guilty of a similar misconduct in Uttar Pradesh where the defectors from the Congress(I) were generously accommodated in a jumbo-size ministry, first of its type. An acute awareness of their vulnerability prevented the BJP and its allies taking a principled stand.

This is a disturbing manifestation of the present-day political milieu. Almost all parties, irrespective of political labels, are guilty of violating the norms of rectitude for the sake of convenience. When the BJP embarked upon the bizarre venture in Uttar Pradesh, it became a laughing stock and the Congress(I) and other groups pounced upon it. Next time the BJP or the NDA repeats this performance elsewhere, the Congress(I) and the Laloo party, as also its supporters, would be in no position to make more than pro-forma noises. The major parties have, thus, neutralised one another and the end result is the total decimation of the forces within the political establishment which might have taken a stand, if not with conviction, out of considerations of partisan gain. They have been silenced effectively.

In 1993, the nation was stunned by the report of a committee headed by the then Home Secretary, Mr. N. N. Vohra, on the ``activities of crime syndicates and mafia organisations which had developed links or were being protected by government functionaries and political personalities''. The chief of the intelligence set-up told the committee that the ``network of the mafia is virtually running a parallel Government, pushing the state apparatus into irrelevance''. What happened to its suggestions, for instance, for the setting up of a nodal agency to collate and compile sensitive information received from various intelligence agencies, as the first step towards an effective operation against criminals? Was it because of the involvement of the near and dear ones of senior politicians in power?

Some time in the Sixties when the scourge of defections first appeared on the political scene, serious efforts were made to find an antidote. Among the ideas mooted were (1) limiting the size of the ministries to 10 per cent of the strength of the Assembly or 11 per cent in bicameral legislatures and (2) a one- year bar on the induction of defectors in the ministries (or their appointment as heads of public corporations). This, it was felt, would act as a disincentive to floor-crossing. The remedial steps, however, did not materialise because those in power could not muster sufficient courage. Initially, the only guilty party was the Congress(I), monopolist of political power. After the decline of the Congress(I), almost every party or group was in office but its conduct was no different.

In the largescale malfunctioning of the system, three areas requiring urgent reforms stand out - the electoral process, the working of parties and the criminal-politician nexus. The attempt has to be to concentrate on the source of the problem. If Gangotri is poisoned, could the Ganga be pure? Foolproof methods need to be devised to cleanse public life. The commission set up to review the Constitution would do a major service if it undertakes this task, with a view to providing constitutional safeguards. Electoral reforms received the attention of well- meaning persons, senior politicians not excluded, in the last three decades and, as such, plenty of material, based on experience and research, is available and this could come in handy to the commission. But there has been no serious attempt to suggest measures to undo the distortions in party functioning. As a matter of fact, the Constitution did not recognise the existence of political parties in the first instance. This situation changed some 35 years after it came into force. That is when it was amended in 1985 to provide for an anti-defection package. It was a different story with the election law which, for instance, laid down norms for recognition of parties, allotment of symbols or limits on campaign expenditure of candidates. In these areas, the election process and the functioning of the parties overlap and there could be no escape from an inter-connected strategy.

Unfortunately, some key measures relating to both the parties and electoral norms failed to achieve the objective. Two examples illustrate the point. One, the anti-defection law at times became a vehicle for floor-crossing rather than a check on the practice. The presiding officers of the legislatures, who were entrusted with administrating the law, failed to inspire confidence in their impartiality. Being politicians, they were guided by partisan interests.The law permitted splits - if one-third of the legislators belonging a party break away, they will not be deemed to have defected and will not incur disqualification. The way this escape route was misused made a mockery of the anti- defection package, a laudable first attempt, no doubt, to induce political morality. Defectors continued to thrive, distorting the polity.

Two, the ceiling on the election expenditure of candidates was rendered ineffective, because there was no limit on the amount spent by political parties. At one stage, this expenditure was included in the ceiling for the contestants but a change was made somewhat hurriedly - its timing giving rise to the suspicion that it was brought about with an eye on the election petition against the then Prime Minister, Indira Gandhi (before the one that led to her unseating in 1975), the proceedings of which case did not seem to be going her way. At one stage, it was the use of money power, then of muscle power, which shocked the country. Because of the passivity of the ruling elite, it first took the shape of criminalisation of politics and, later, the entry of criminals into legislatures.

If the Vohra Committee turned the spotlight on the disturbing linkages between criminals and politicians, the Chief Election Commissioner, Dr. M. S. Gill, suggested concrete steps to keep criminals out of the legislatures. What is missing is the political will.

Send this article to Friends by E-Mail

Section  : Opinion
Previous : A clash of egos
Next     : Recasting the school syllabus