The editorial, “Regaining credibility”, summarises the current situation aptly. The bigger and more serious gap is in the credibility of legislatures, both at the central and state levels.
The Constitution built a structure on separate and counterbalancing powers of the three arms of governance — the legislature, the executive and the judiciary. It was possibly drawn upon the Westminster example, with elements of other systems, including that of the USA. Legislators were expected to frame policies and provide supervision; the executive, that is, the prime minister/chief minister and their teams, were expected to implement the policies. Debates of the Constituent Assembly are cited even now for the background and interplay of ideas and conflicting points of view.
In practice, over the last seven decades, this system of checks and balances has collapsed. The legislature has become just a place to secure the numbers by a leader. Today, there is almost no separation or independence. Legislative bodies meet briefly, work short hours and even when they do meet, it is only to discuss, talk, interrupt and vote according to party lines, and as ordered by the party leader. Parliamentary committees have no teeth or substance. New laws are passed in a matter of minutes. It is not clear how many of the legislators have studied the law, or indeed have an office capable of summarising the bills for them. About 70 years from now, nobody will be reading the proceedings of Parliament of today.
When the legislature is weak, mostly dysfunctional and subservient, it is impossible for any agency to be independent. That is why the higher courts have become the sole guardians of good policy, and judicial activism is strong.
P Datta Kolkata
