Move over Rajnikant. India has a new super-hero, a champion of right — the Supreme Court.
Just when the average Indian had given up on morality in governance, the Supreme Court, by asking tough questions, is trying to restore dignity to institutions which seem to have lost their footing. In doing so, it’s pointing us back to the convention of democracy that enhances the moral qualities of citizens and puts institutions before the individual. It’s also handing the government a chance to restore its credibility by establishing that no one is above the law.
The country’s apex court has come down hard on several cases of blatant violation of good judgment and behaviour — the Commonwealth Games debacle, the telecom spectrum scam, the black money case and the appointment of a chief vigilance commissioner under investigation.
In doing all of this, the court is stepping in where the government has failed — in the delivery of good governance and the preservation of constitutional integrity.
Functional democracies typically have good laws and policies. They also tend to encourage introspection because when people participate in making decisions, they have to listen to others and justify their actions. In India, unfortunately we have witnessed, not just a reluctance to justify, but also a mockery of that when called to do so. Kapil Sibal demonstrated that by deducting the 2G telecom spectrum revenue loss to zero. PJ Thomas did himself in by refusing to step down as the country’s integrity watchdog in the face of unproven allegations.
The Supreme Court’s strong condemnation which raps those who allowed for the appointment of Thomas, sends a simple message — those elected in good faith must do exactly that – keep the faith. Those straying from that code will be adequately shamed when their decisions are struck down.
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In the West, from where we borrow democratic doctrines, it is same-law straight-jacketedness that has kept society fair and civil to a large degree, making it a functional democracy. There has been little immunity based on office held, or special privileges granted because of stature. That in turn, has led to a greater emphasis on public behaviour. In the latest case in the U.S, the Securities and Exchanges Commission is going after Rajat Gupta, the former chief of McKinsey, in an insider trading case. The allegation is that Gupta, using his position on the boards of big firms such as Goldman Sachs and Procter & Gamble, helped a hedge fund make money and halt losses. Gupta has resolutely denied both the allegation and that he benefitted in any way. Still, he’s quit from the board of P&G, where he was still serving.
In England, Sir Howard Davies, the former deputy central bank governor, stepped down as director of the London School of Economics, because the school accepted research funding from sources linked to Libya and Davis advised Libya on financial reforms. Davis’ resignation says “the short point is that I am responsible for the school’s reputation, and that has suffered.’’ In India, charges such as this would hardly create a murmur let alone eject heads of office. We have come to accept vast errors of judgment as a forgivable lapse, putting the individual and their reputations before that of institutions — deviating from the tenets of democracy.
India’s government may feel uncomfortable and outfoxed by the court at this juncture, because the old game of selective application of convention, is being exposed brutally and swiftly. It could, however, turn the moment to its advantage. It needs to act swiftly on its multi-pronged strategy to bring back black money, strip political czars and institutions of discretionary power, and bring the scam perpetrators to book. India’s oldest party is at the crossroads of history. If it neglects this opportunity, it may well reconcile to life in the shadow of the judiciary and its future may be a scarlet lettered one — that of damaging democracy.
Anjana Menon is Executive Editor, NDTV Profit. The views expressed here are personal