Hazare's job is done, time now for people's representatives
Business Standard / New Delhi Jun 23, 2011, 00:19 IST
The term “civil society” has been used and abused at will these past few months in India. In a clever coup staged with the active involvement of a section of the media, a clutch of social activists and retired civil servants was allowed to project itself as “a representative of civil society”. A confused government, a directionless ruling alliance and a revenue-hungry media allowed this dubious claim to go unchallenged, portraying a few good men and women as the people’s voice. The elected representatives chosen by the people to be their voice in Parliament virtually abdicated their constitutional responsibility, allowing the so-called “civil society” leaders to fill the vacuum created by the absence of an organised parliamentary discourse on issues pertaining to corruption in high places. Every political party – in government and in opposition – is equally guilty of this.
By disrupting Parliament, its members drove the debate into television studios. Out of this cacophony came a compromise whose damaging impact on the legitimacy of constitutional democracy may be far greater than is currently imagined. This messy compromise was the so-called Lok Pal Bill drafting committee. For all their commitment to the institution of a non-political ombudsman called “Lok Pal”, the so-called civil society representatives in the drafting committee saw nothing incongruous in a sitting Lokayukta of a state actively participating in a semi-political exercise, appearing in the media and making semi-political comments and the like. These are minor sins compared to the larger claim that a bunch of five people will speak for India, and if the duly elected and constitutionally constituted government of the day will not accept their view of things, then there is no space for democratic disagreement, only a call for another hunger strike.
Every Indian has the right to fast, but the law of the land denies the citizen the right to fast unto death. Let Mr Hazare have his fast. It is time for the government and Parliament to do their job. The all-party meeting scheduled for July 3 may or may not take a final view on which draft of the Lok Pal Bill should go to Parliament. It is the responsibility of the Union Cabinet. Once the draft Bill is placed in Parliament, the elected representatives of the people will have the last word on the subject. Their view will and must prevail, even if it does not satisfy a vocal minority of citizens. To call such a legally constituted entity a “joke-pal” merely because one does not like the shape and personality of that entity is to mock democracy. No democracy can function pandering to the prejudice and tyranny of a minority, howsoever altruistic its motives.
Indeed, those who believe in real democracy must also allow for the view to be articulated, even if they disagree with it, that there may be no need for the creation of a new institution like the Lok Pal, be it a “Lok Pal strong” or a “Lok Pal lite”. Those who wish to create an all-powerful Frankenstein of an institution, aimed at destroying corruption and empowering people, should never forget that once a Frankenstein is created, it could well destroy democracy in the name of the people. A democratic nation with a corrupt government, some may believe, is better than a corruption-free government that is non-democratic. In recent years, democracies around the world have seen individual rights curtailed in the name of a war on terrorism. It would be a sad day for India if democratic institutions are rendered paralysed in the name of a war on corruption.
The time has come for the government of the day to stop behaving like a supplicant before self-appointed representatives of civil society. A democratically elected government is, in fact, the constitutional manifestation of the people’s collective will. There is a job to be done by both the government and Parliament and they must do it without fear or favour. If in its wisdom Indian Parliament accepts or rejects a certain version of the institution of Lok Pal that most do not like, the people of India have the right to elect a new Parliament that will do what they want. No one needs to forego a meal for that.
Ram Ram
Hazare's draft Lokpal Bill
I expected that you will write a ddetailed article comparing Govt draft and Hazare's draftpl ask Mr Ravi of The Hindu who will do a good job.
K Sundararaman Austin,Texas, USA.
Govt is representative of public. Govt get elected once in a five year and that is the time when they talk with public. After that to make law, to run country, to make system they use their own judgement (whatever is in their interest), as conutry does not have intelligent people in society. Do they talk with people what they are doing? They behave like typical ruthless groom of a girl. Once he get married he abuses and misuses girl and never bothers about her happiness. Is indian public like a poor girl to whom our politician and govt can use the way they want? But they have been using it since last 63 years. I am sick of listening slowly we will progress, we are the largest democracy, GDP is growing etc junk words. All this is useless for common citizen of Bharat/ Hindustan. Justice can be brought only by putting right systems in place. This is high time now. I will go for Anna & Baba Ramdev.
It is clear that it is an article fully paid by the ruling class. What is the use of parliamentary democracy, when it ignores the wishes and rights of people. How will people repose faith in parliamentarians when they slept on the bill for four decades deliberately? People's - civil society's - initiative is the only answer. All political parties including the main opposition one is corrupt. So how corruption can be fought with no parliamentarian's support? People are the king in a democracy. Annaji is a true representative of civil society. We support is movement. People have complete faith in his leadership.
wow this article makes great sense and tells us all how our system should work and how the so called "civil society reps" are usurping democracy but Mr Author of this article the problem is your utopian system (parliament+cabinet+whatever else) has not worked for the last 60 years and thats why the poor "civil society" has come down to this. If your wonderful system worked we wouldn't be the most robbed nation in the world and this need would not have been felt in the first place.
So while i agree with your "Chidambaramish" lecture theoretically, I'm sorry I'll go with Anna for now.
Y dont you question your democratically elected government who has failed to bring a strong lokpal bill four more than 4 decades? Its simple, coz its not in their interest. How the hell do u expect the agencies working under Govt to take action against their masters? winning election does not entitles anybody to treat the country as their father's property and nor does not fighting an elections means having no say in the way country is run. Democracy means inclusion of people but people like u still have a colonial mindset. the elected are supposed to work in people's interest and history suggests they have been doing the exact opposite.
"A democratic nation with a corrupt government, some may believe, is better than a corruption-free government that is non-democratic." Well, there you have it. Are these the only 2 choices according to BS? Please don't forget that many non-democratic regimes have fallen due to popular uprising within this year itself, so the times are a changing. "The time has come for the government of the day to stop behaving like a supplicant before self-appointed representatives of civil society." But, it is alright for the Government to supplicate before all and sundry who stash away billions by corrupt means. Hats off to BS for its love of democracy! This democracy is of the rich (corrupt), for the rich, and by the rich, in the name of aam aadmi.
Dear Sir,
A news paper like BS is expected to do its homework. Lokpal bill has been pending in parliament for 40 years in various forms which are weak and toothless.
The civil society has all the right to put pressure on the representatives to make a stronger law. There is no bypassing the parliament or subverting democracy. In fact, the opposite is true. The democracy is more stronger.
Your editorial has correctly articulated an opinion in interest of democracy. Fight against corruption is necessary for the social justice but same can not be entrusted to semi-literates like Anna and Ramdev with disgruntled elements of civil society who in any case have their own axe to grind. These people are entitled to make an point and demand strong Lokpal bill but ultimately majority political view must prevail.
One does not have to enumerate the unworkable, even unconstitutional, features of the civil society version of the Bill to question both the wisdom and the legitimacy of the five upright men to speak for all of us. The government has allowed itself to be painted into a corner on the modalities of the drafting. It must now reclaim its space and let Parliament take the final call. This government may well be voted out in 2014 but unlikely that the verdict will be based on its failure or success in passing this particular piece of legislation. It may still not be too late for the sober print media to start a reasoned national debate on the various versions of the Bill that we have seen so far.
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