Author: A Surya Prakash
Publication: The Pioneer
Date: November 27, 2012
URL: http://www.dailypioneer.com/columnists/item/52903-little-love-or-regard-for-democratic-institutions.html

For the Congress, ridiculing Constitutional bodies or bending them to suit its own purpose has become a habit. Now, even senior Union Ministers brazenly question the credentials of these organizations

 It all began with the loaded pronouncement by the  Minister of State in the Prime Minister’s Office that changing the composition of the Office of Comptroller and Auditor-General of India was “under active consideration” of the Government. Days later the 2G Spectrum auction turned out to be flop show vis-à-vis the Government’s revenue expectations and Union Ministers virtually celebrated their disastrous performance. Then came the “revelation” from a retired CAG official that the loss suffered by the exchequer in the controversial 2G Spectrum sale was actually paltry, but his opinion was brushed aside and a grossly exaggerated figure was put out in the CAG report.

 Union Ministers are now working overtime to mock at the CAG for saying that Raja’s method of selling scarce Spectrum had caused a notional loss of `1.76 lakh crore. They are also throwing challenges at him and also making oblique references to judicial interference in governance. In short, the scam-ridden UPA Government headed by Mr Manmohan Singh pretends that its image is still snow white and all its arguments against the CAG and the judiciary is right. The Government is perfect, the fault lies with institutions which are mandated by the Constitution to protect the rights of citizens.

 Following the poor response of the industry to the 2G Spectrum auction, Union Minister for Telecommunications Kapil Sibal and the Union Minister for Information and Broadcasting Manish Tiwari have been taunting and challenging the CAG and asking, “Where is the `1.76 lakh crore?” This is probably the first instance in the history of democratic India where Union Ministers rejoice over their poor performance and even gloat over it. They think that the blame for the poor outcome of this auction can be placed at the door of the CAG, who had indicted the Government.

 Where does the fault lie? The truth is that the telecom industry was cold to the auction in 2012 because of the Government’s faltering policies and its poor performance on the economic front over the last three years. Hit by scam after scam, the Government’s image took such a severe beating that there is a major trust deficit as far as this Government is concerned. This is the reason why the telecom industry shied away from the bids. Second, Union Ministers say the judiciary and the CAG should stay clear of policy making. This has always been the case, but what should constitutional authorities do when they see the shameful and partisan manner in which a Minister like A Raja behaved while selling spectrum? Should they allow the looters a free hand or step in to save the constitutional right of 1.2 billion people to good governance?

 One saw an equally shameful assault on the higher judiciary by the Congress in the 1970s and particularly during the dreaded Emergency, when Ministers and senior party leaders openly threatened Supreme Court judges. Since the days of Indira Gandhi, the Congress has always been uncomfortable with independent constitutional authorities. Such has been its allergy to strong institutions that it openly canvassed for a ‘committed judiciary’ (committed not to the Constitution but to the Congress) and tried to pack the courts with “committed” judges.

 Such was the party’s gross interference that the entire system of judicial appointments were called into question, leading to the Supreme Court decision that appointments to the higher judiciary would henceforth be made by a collegium of judges. Long years have gone by but the executive has not been able to regain its voice vis-à-vis judicial appointments in the country.

 The Congress, which sought to corrupt the system of appointments, is wholly responsible for this situation. The party’s complete lack of commitment to core constitutional values has been apparent elsewhere as well. One has seen the party appoint persons like Navin Chawla, who the Shah Commission said “is unfit to hold any public office which demands an attitude of fair play and consideration for others…”, as an Election Commissioner. He even later became the Chief Election Commissioner.

 Let us also not forget the graceless conduct of Prime Minister Manmohan Singh and then Union Minister for Home Affairs P Chidambaram, as members of the committee to choose the Central Vigilance Commissioner. They overruled Ms Sushma Swaraj, the Leader of the Opposition and the third member of the committee and chose PJ Thomas, against whom charges were pending in a Kerala court.

 We all know how long Mr Thomas lasted in this job. It is, therefore, no surprise that the Congress fusillade is now directed against the CAG.

 Make no mistake. The two events — the moves to weaken the CAG and the poor outcome of the 2G auction — could well be related. Given the Government’s scope and inclination for mischief, one wonders whether there was a hidden Government hand in the poor bids for 2G and the possibility of cartelisation among telecom companies. In any case, this is a fit case for the Competition Commission of India to investigate.

 We must also ask the Government as to why it is instantly in love with the recommendations of the Shunglu Committee, but is dragging its feet on several very important recommendations by national commissions. For example, the National Commission to Review the Working of the Constitution headed by a venerable judge, former Chief Justice MN Venkatachalaiah, recommended that a multi-party committee should select the Chief Election Commissioner and Election Commissioners and State Election Commissioners. This recommendation has been endorsed by the Second Administrative Reforms Commission that was headed by Mr Veerappa Moily, currently the Union Petroleum Minister. For the sake of democracy and the sanctity of the Constitution and in order to keep out ‘elements’ like Navin Chawla from high constitutional offices, the Government must first implement this recommendation, rather than allow its Ministers to hop around like headless chickens over some Shunglu Committee Report.

 Union Ministers should not be allowed to get away with this argument that constitutional authorities are cramping the style of the Government and not allowing it to carry out its executive functions. There is a familiar ring to this argument. This is exactly the line taken by Indira Gandhi against the courts and the media in the 1970s.

 Both these institutions were accused of obstructing the Government in carrying out welfare measures. It was also said that those who spoke or wrote against the Government were doing so at the behest of a “foreign hand”.