Tuesday, July 05, 2016

It maybe defective but it is no worse.

Historian, Ramachandra Guha writes about a book on democracy written by a British lawyer, Anthony Lester. The book is relevant to us in India because we follow a 'Westminster model' of government, a legacy of 200 years of British brutality. So what are the lessons from the book? 1. Democratic progress is slow and halting. Or it may reverse as it did when Indira Gandhi declared Emergency on 25 June 1975 to hang on to power, after having been disqualified by a court. This dark period was to last till 21 March 1977. 2. Civil servants are more dangerous than politicians because they know the minute details of how government functions, protect their powers through a secret brotherhood of cadres and are an almost unbreakable wall against any reforms because that may reduce their privileges. Politicians frequently talk about inducting professionals directly into the bureaucracy but are frightened out of it by the bureaucratic mafia. No wonder it has been voted the worst in Asia. 3. An independent judiciary is crucial. Absolutely. But 4. the judiciary must not be radical and try to make laws, which is a function of the parliament. At present judges to the higher courts are chosen in secret by a 'collegium' of judges without any input from citizens. The government wants to be involved in the selection of judges but the National Judicial Appointments Commission Bill was rejected by the Supreme Court, so now appointment of new judges has come to a complete standstill. Citizens suffer as cases pile up for years so that people are denied justice. Judges cannot be sacked for any reason but maybe removed only by two-thirds majority in parliament, which makes them akin to the civil service. They are so powerful that an unintentional insult to a reitred judge incurred a fine of Rs 1 billion. Trouble is that in the absence of any accountability of politicians and civil servants people have to approach courts for redress, politicians file frivolous cases against each other and business fellows take out injunctions on legitimate tax demands. If the government is seen as predatory people will go to court. 5. Repressive laws inherited from the British have to be repealed. The article does not mention the unlimited power of politicians in India and, what is worse, their refusal to go. David Cameron resigned as Prime Minister and leader of the Coservative Party after losing the referendum on membership of the European Union and Nigel Farage resigned as leader of the UK Independence Party, because he has achieved his ambition of Brexit but did Sonia or Rahul Gandhi resign their positions after being humiliated in the 2014 general election? " Lester is scathing about the deficiencies of British democracy; but in fact their democracy is far less imperfect than our country," says the article. Not true. Democracy does not end at the country's borders. Acting as US mercenaries in illegal attacks on Iraq and Libya is not democracy. India is no worse than Britain.

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