The Bits and Pieces – As I please

 

The Bits and Pieces – As I please   

Political and Constitutional Morality –

What is political and constitutional morality? The two elaborations got from the inter-net say - Political ethics (also known as political morality or public ethics) is the practice of making moral judgements about political action and political agents. It covers two area - the

ethics of process (or the ethics of office), which deals with public officials and their methods. And similarly, the constitutional morality - Constitutional Morality means adherence to or being faithful to bottom line principles of constitutional values. What is constitutional morality according to Babasaheb Ambedkar, the chief architect of the Indian constitution?  In this view, constitutional morality refers to the conventions and protocols that govern decision-making where the constitution vests discretionary power or is silent. Political and constitutional morality is the very edifice of a democratic polity and also a just political and social order. Taking a cue from the current news about the PM of Great Britain, the fountain head of democracy, Liz Truss’s apology on some of her recent economic decisions and policies, I thought of  writing my off the cuff thoughts on the subject; particularly with regard to India. In a UK’s policy U-turn, PM Liz Truss, listening to the criticism of her Ministerial colleagues, said that she was sorry for going ‘too far and too fast’ with her radical economic plan to snap Britain out of years stagnant economic growth. She added, “I do want to accept responsibility and say sorry for the mistakes that have been made.” We in India has a democracy of 75 years standing, the largest in the world with one of the best constitutions. But, unfortunately, both our polity and society lack moral and constitutional morality. Babasaheb Ambedkar rightly said, “Constitutional morality is not a natural sentiment. It has to be cultivated. We must realise that our people

have yet to learn it. Democracy in India is only a top-dressing in the Indian soil which is essentially undemocratic.” If my knowledge and memory do not fail me, generally our political leadership, irrespective of all political parties, has not learnt to say sorry and admit mistakes; except the sole incident of a railway accident and the then Railway Minister, Lal Bahadur Shastri resigning and taking moral responsibility. Nobody is perfect and it cannot be. There is no denying the fact that we have come long way since independence and has registered a good progress in development but we did many mistakes also in the process. But I have not heard of anyone having the courage and honesty in owning the mistakes to list a few – partition of India, assassination of Mahatma Gandhi, Kashmir issue, 1962 China War, 1975 Emergency, Babri Masjid demolition, Assassination of Indira Gandhi, 1984 Sikh massacre, Shah Bano Case, Godhra massacre and riots and more recent; demonetisation, Agricultural Bills and Farmers agitation, Release of culprits of Bilkas Bano case among others. I think the time has come to have some sort of introspection by our political bosses and also top bureaucracy and learn something from other democratic countries; especially of the developed world. Let us inculcate a sense of political and constitutional morality to prove ourselves and our well written and documented constitution – the sooner the better. I am reminded of Allma Iqbal:

मस्जिद तो बना दी सब भर में; इमां की हरारत बालोँ ने,

मन अपना पुराना पापी है; बरसों से नमाज़ी बन न सका।

इक़बाल बड़ा उपदेशक है; मन बातों  से मोह लेता है,

गुफ़्तार का तो यह गाज़ी बना; किरदार का गाज़ी बन न सका।

Postscript: - PM Liz Truss has resigned in the wake of controversial economic policies. It has been reported in the media that speaking at the 10 Downing Street office, Truss accepted that she could not deliver the promises she made when she was running for Conservative leader and added, “I recognise though, given the situation, I cannot deliver the mandate on which I was elected by the Conservative Party. I have therefore spoken to His Majesty the King to notify him that I am resigning as leader of the Conservative Party.”  Liz Truss has shown the courage and duly demonstrated ‘political and constitutional morality’ the ingredient which is almost absent from the polity of India, unfortunately, to my mind.

 

Bilkis Bano Rape and Murder case –

We all know the Bilkis Bano rape and murder case of 2002, a sordid saga of unprecedented cruelty and inhumanity, known as ‘Godhra communal riots. The case is again in the news because of insensitive and non-civil reasons and more so in a democratic, secular and

multi-cultural society. It is clear case of ‘political and constitutional’ deficit which I mentioned in the preceding note on political and constitutional morality. With great struggle and fight, 11 culprits were brought to book by the court with life imprisonment. On complaints and petitions the case was shifted from one court to another under the directions of the Supreme Court. One can understand the sensitivity involved. Finally, where have we ended? All the 11 culprits were freed by the Gujarat Government, after undergoing 14 years of jail, and their sentence remitted for so-called ‘good conduct’ on the Independence Day when PM Narendra Modi spoke from the ramparts of Red Fort swearing to end gender discrimination and bring about communal harmony. On release the culprits of Bilkis Bano case were received and felicitated

not only by the relatives but also by the vested segments of the society. The central government in Delhi tried to play it down by quoting various legal and procedural provisions. Both the central and Gujarat governments are still trying to defend the indefensible. Obviously and rightly, the decision of release of 11 culprits was challenged in the Supreme Court and the cat has come out of the bag. One can see as to where are we heading?  Shedding all norms of morality and social responsibility, the Gujarat government had defended in the Supreme Court its decision to release the convicts in accordance with the 1992 remission policy since they had completed more than 14 years in prison and their conduct was found to be good. Responding to the submissions of the government, the learned Judge said “I have not come across a counter affidavit where a series of judgements are quoted. Factual statement should have been made. A very bulky counter. Where is the factual statement, where is the application of mind?" Today, October 20, it has appeared in the media that the culprits who were granted the benefit of so called ‘good conduct’ were found ‘outraging the modesty’ of women even during their ‘parole’ from jail and no action was taken against them. The next hearing of the case has been fixed towards the end of November. Let us see how we demonstrate our commitment to justice as enshrined in the constitution of India. Again Babasaheb Ambedkar comes handy for directions and intent. In his speech in the Constituent Assembly on November 25, 1949, Babasaheb cautioned that the working of a Constitution did not depend on the document itself. Ultimately, its effect depended on those tasked with implementing it and said, “However good a Constitution may be, it is sure to turn out bad because those who are called to work it, happen to be a bad lot. However bad a Constitution may be, it may turn out to be good if those who are called to work it, happen to be a good lot”

New President of Congress Party – Mallikarjun Kharge

The Congress Party of India, 137 year old party, has elected Mallikarjun Khrge as its President in an election with an electoral college of about 10 thousand for the purpose. Malikarjun Kharge, the

veteran, 80 years, who described himself as a “common man from humble beginnings, a common worker who had been elected chief”, said, ‘No one is small or big and we have to all work like Karyakartas (workers) to strengthen the organisation…” and added, “We have to together fight the threat to democracy and the constitution.”  With the declining stock and standing of the party in recent years, Mallikarjun Kharge, who would take office of President of the Congress Party on October 26 as the first non Gandhi after 24 years, is considered to enjoy the ‘perceived proximity to the Gandhi’s ‘ representing the ‘status quo’.  His opponent, Shashi Tharoor, a former UN Diplomat, said to be a ‘candidate of change’ did a good job by giving a symbolic fight in the election. What will happen and how Mallikarjun Kharge performs to arrest the decline and restore the Congress Part’s eminent position in the polity of India?  Only the time would tell. Kharge would be expected to come out of the shadow of the dominant Gandhi’s and deliver. It will be good not only for the party but also for the democratic polity of India. He has, it seems, the requisite experience and talent as a politician and a public functionary with – 9 times MLA, 3 times MP with responsible positions both in his home state Karnataka and the centre in New Delhi as a Minister and Leader of the opposition both in Lok Sabha and the Rajya Sabha and also the State Assembly of Karnataka, not a small fete to his credit. It is just a co-incident that Mallikarjun Kharge has come to centre stage at a difficult and crucial time to

show his mettle as a dalit leader too to save the credibility of the Congress party like his predecessors; Damodaram Sanjivayya of Andhra Pradesh in 1962 in the wake of ‘loss of face’ in conflict with China, he stood with PM Jawahar Lal Nehru to support him in is dwindling mural.  And Jagjivan Ram of Bihar in 1971-72, he stood with PM Indira Gandhi

and made history by defeating Pakistan and creating Bangladesh. Will Kharge be the third dalit in a row to stand with Nehru-Gandhi Congress legacy and salvage the Congress Party, the oldest political outfit of India, once again in the years to come? Only time would tell. I take this opportunity wish Mallikarjun Kharge all the very best in his new responsibilities as President of the grand-old party. I, as a common citizen, am of the firm view that his success would further strengthen the democratic edifice of India.

Without Comment:-

Quote -Postscript: Kharge may not enthuse ‘new Indi’ but his stoy is no less compelling than that of PM Modi. Son of a mill worker, from a dalit family, he is a self made politician who first rose as a labour union leader in Gulbarga. As he told me in an interview, “I am not a naamdar (elite) but a kaamdar (hard worker)” – Unquote

(Rajdeep Sardesai in an article ‘Congress must address an elephant in the room’ appeared in the Hindustan Times of October 21)