Exactly 60 years ago, “We the People” gave unto ourselves a Constitution. India became a republic with representative democracy of the Westminster type, where the parties or coalitions that constitute a majority of the legislature rule in the people’s name until the next election, when the electorate makes a fresh choice. There are three strong constitutional pillars of a modern representative democracy — a parliament or legislature, an executive responsible to the legislature and an independent judiciary.
The government passes laws with the agreement of the legislature. In some cases, the government passes laws despite the opposition parties’ disagreement — for example, the Indo-US nuclear pact. In other cases, the government accepts the views of the opposition in formulating laws, as in the case of the Civil Liability for Nuclear Damage Bill. In case the government fails to get a majority on a Bill of significant importance, it loses the confidence of the legislature and must resign. The essence of representative democracy is that, in the final event, the view of the majority must prevail, since the majority represents the people.
If the opposition does not like what the government is doing, it has the right to take the matter up with the public or civil society; it has the right to go to the court if it believes that the government is doing something unconstitutional; it has the right to persuade people to vote for the opposition at the subsequent election and kick out the previous incompetent or corrupt government; but it does not have the right to disrupt the functioning of Parliament.
What is the NDA-led opposition trying to do here? And before I go any further, let me say that the Congress in its time has also been guilty of the same misdemeanour. The opposition is telling the government: “We do not have a majority, but if you don’t do it our way, then we will not let Parliament function. No compromise is acceptable to us. It’s our way or the highway.”
To stall Parliament is profoundly anti-democratic. And it is a shame that most presiding officers have failed to rise to the challenge. Members who disrupt Parliament must be removed from it for they attack the very foundation of democracy. Earlier this year, as a very rare measure, some members were removed from the Rajya Sabha during the Women’s Reservation Bill. It speaks volumes about our representatives’ sense of propriety that there was sympathy across party lines for those thrown out.
The parties batting for a Joint Parliamentary Committee (JPC) do have an option. They probably enjoy a majority in the Rajya Sabha. If they came together, they could block every single non-money Bill in the Rajya Sabha and make it almost impossible for the government to function. The government might be forced to call an election. That is the constitutional way — not stalling people’s work so that Rs 45,000 crore of expenditure is approved in 45 seconds.
A few days ago, Lal Krishna Advani said the government was indifferent to the problem of corruption. He is probably right. But “We the People” often have an answer to that. Rajiv Gandhi found out how easy it is to come down from 400-plus seats to fewer than 200 seats when a stench of corruption surrounds the government. Moreover, we can go to the court.
But in this case of constitutional vandalism, if the presiding officers are silent, who can we turn to? No one. Challenging the right of a government to govern within the law destroys the fabric of our Constitution. What should be of immense concern to us as citizens and is a matter of shame that this “stall Parliament” view is shared by some people who have held high offices of state and those who have a strong legal background. We shall now be hearing justifications from the opposition of why they were forced to disrupt Parliament. There can be no justification. Is there any Westminster-type democracy in a civilised country where parliamentary proceedings are stalled for an entire session? Don’t they have scams?
Today it is the JPC, tomorrow it could be some other matter. The opposition is seeking to establish a new principle: Yes, the minority can have its way. We cannot have both the majority and the minority ruling the country. If such minorityism is permitted, the next step can only be anarchy and lawlessness. “We the People” have given a mandate to one set of people; they cannot be dragooned through misbehaviour by people who do not have our mandate.
As a matter of principle, the government cannot, must not and should not yield on any matter on which the opposition seeks to have its way by stalling Parliament. It is constitutional blackmail — pure and simple.
Exactly 1,600 years ago, on August 24, 410, the barbarians (the Visigoths) were at the gates of Rome. They sacked and pillaged a prosperous but decadent Rome. Thousands of Romans fled to the countryside, leaving the “Urbi” devastated. Thirty-five years later, the Vandals also sacked Rome. Though Rome survived for some more time, the sacking in 410 marked the beginning of its disintegration.
The other day, Ratan Tata used the word “banana republic” that outraged us. We already have crony capitalism and loads of corruption and now parliamentary vandalism. The barbarians are at our gates too. Our foot is already on the slippery banana skin. Ek dhakka aur do, and we’ll get there.
