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Politics and Governance

With the formation of the new Government, the dust has finally settled on a particularly contentious Election. BJP supporters are ruing the fact that their party did not get a majority on its own, while for the India bloc it was a case of so near yet so far.

Politics and Governance

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With the formation of the new Government, the dust has finally settled on a particularly contentious Election. BJP supporters are ruing the fact that their party did not get a majority on its own, while for the India bloc it was a case of so near yet so far. Be that as it may, a coalition government led by the BJP has taken oath, which is not a bad thing, as it may soften the hard edges of the ideologydriven BJP. Also, coalition dharma may give saner elements in the ruling coalition an excuse for not following an extreme agenda. Before the 2024 elections recede in memory, the ruling party should introspect as to why, despite having an immensely popular leader at its helm, and almost unlimited resources at its disposal, it could not cross the halfway mark?

It was not for want of trying; all tricks, ethical and unethical, were tried, but a ragtag opposition took the fight to the final overs. The usual breast beating followed; party loyalists put the blame for BJP’s reduced performance on alleged dark machinations by American billionaire George Soros, caste and minority consolidation and even betrayal of Sanatana Dharma by Hindus, and finally, ingrates, that is us, on not deserving a Prime Minister like Narendra Modi. Yet, the sooner reality is acknowledged the better it is; quite obviously, some policies and actions of the earlier government did not find traction with many voters; an obvious solution for the new Government could be to identify such policies and actions, and ensure their modification. On the other hand, the India bloc would do well to realise that it cannot rely only on missteps of the Government to get an electoral majority, it also needs to have an appealing roadmap for governance.

Also, the gloom in the BJP camp should not unnecessarily enthuse the India bloc, because this despondency is a consequence of unfulfilled expectations ~ the BJP with 239 seats is only slightly short of a majority. Any attempt by the Opposition to destabilise the NDA Government by covert means may prove unsuccessful or counterproductive, or both. In the interest of democracy, BJP should also desist from its trademark manoeuvres of breaking parties by enticing legislators. All said, it is time for Parliamentarians to get down to the difficult task of governance, in which the Opposition has an equal stake. The second stint (2009 ~ 2014) of the UPA Government and both stints of the NDA Government were marred by an almost dysfunctional Parliament. Instead of healthy, informed discussions, Parliament witnessed disruptions, sloganeering and worse. Important legislation, like the Budget, was passed without debate, in the midst of Opposition walk outs. Unprecedently, hundreds of Parliamentarians were suspended and many times Parliament was prorogued much before the scheduled date.

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Taking a cue from Parliament, Governors and State legislatures functioned in ways, beyond the imagination of our founding fathers. So, the first task before newly elected MPs is to restore the dignity and meaningfulness of Parliament. We all look forward to the 18th Lok Sabha discharging its functions of supervising the Executive, indulging in healthy debate to enlighten the public about the various issues facing the nation, and also passing meaningful laws, leading to peace and prosperity in the country. A heavier responsibility lies on the new ministers. As Walter Bagehot, the renowned nineteenth century essayist had said: “A cabinet is a combining committee, a hyphen which joins, a buckle which fastens, the legislative part of the state to the executive part of the state. In its origin it belongs to the one, in its functions it belongs to the other.”

Therefore, even while discharging their onerous executive responsibilities ministers have to maintain their connect with fellow MPs, even of the Opposition ~ a quality that was found missing in the earlier NDA Government. The present incumbents have to rectify this shortcoming. On the positive side, there has been no change in major portfolios like Home, Defence, Finance, and External Affairs, which would ensure continuity in the functioning of major ministries, but not having a majority would definitely stymie the style of stalwarts holding these portfolios. Moreover, despite the appointment of a record seventytwo ministers from all constituents, minor parties are still dissatisfied, which does not augur well for the coalition. A major task before the new council of ministers is to get the best from the permanent bureaucracy, while not playing into its hands. Mr. Modi had often expressed his disappointment at bureaucratic non-performance; in a longish speech in Parliament on 10 February 2021, PM Modi had questioned the operational capability of IAS officers. Mr. Modi had enough reason for his ire; the quantum changes envisaged by him years ago eluded the country; progress had been incremental, at best, and never exponential.

Somehow most success stories scripted by the Government were cut short, never reaching their full potential; many welfare measures were planned with noble intentions and humongous budgets but somehow did not achieve their desired objectives. Agricultural reforms, judicial reforms and a host of other initiatives fell at the last mile. The underlying cause for the failure was common ~ poor planning and execution. Thus, the bureaucracy, which is a stakeholder in the country’s progress, definitely needs to introspect on the cause of the PM’s displeasure, because throughout his political career, the PM has reposed immense trust in bureaucrats, tasking them with the job of running their departments with minimal supervision by ministers. Most of Mr Modi’s advisors and key functionaries are bureaucrats, serving or retired, yet despite the carte blanche given to the bureaucracy, if its performance was below expectation, then some radical changes may be required.

The Prime Minister has retained the Ministry of Personnel, Public Grievances and Pensions, so he would have ample opportunity to reform the bureaucracy. A solemn duty is cast on the other organs of governance, the judiciary, and the press, to discharge their duties without fear or favour. A ‘committed’ judiciary is the desire of every party in power, but a compromised judiciary would be infinitely deleterious for the country. Similarly, a fawning press burnishes the Government’s image, but keeps it away from reality ~ which in the long run only harms the party in power. This phenomenon manifested itself in the just concluded elections, when the ruling party could not sense the discontent against it, simmering just below the surface. The orchestrated exit polls led to acute embarrassment for the ruling dispensation, whose seat count fell woefully short vis-à-vis the absurdly exaggerated exit poll figures ~ making victory feel like defeat for party cadres. Lastly, it is the voters’ right to oversee the functioning of the Government. To avoid discontent, it may be advantageous for the Government to consult the public before presenting a Bill, or announcing a major policy change. A Pre-Legislative Consultation Policy (PLCP) does exist, which requires all Departments and Ministries to proactively publish the draft legislation or at least essential elements of the proposed legislation, a brief justification for such legislation, its broad financial implications, and an estimated assessment of the impact of such legislation on environment, fundamental rights, lives and livelihoods of the affected people.

Thereafter, the summary of feedback received from all stakeholders is to be placed on the website of the Department/Ministry concerned. While examining the draft legislation, the Law Ministry has to ensure that the concerned Department/Ministry had complied with the process of pre-legislative consultation. Finally, before the new policy or Bill is introduced in Parliament, the Cabinet is to be made aware of the feedback of the public and the response of the Department/Ministry. Alternatively, after recording reasons, Departments/Ministries can bypass this procedure. Sadly, the Government has invariably pursued the latter option. Arun PS and Sushmita Singh in their study “Democratising Law Making – The Tale of PLCP” state that 89 per cent of Bills introduced in parliament from June 2014 to May 2019 were passed after little or no consultation. The present Government may be well advised to implement PLCP. As Frank Herbert, the sci-fi author had written: “Good governance never depends upon laws, but upon the personal qualities of those who govern. The machinery of government is always subordinate to the will of those who administer that machinery. The most important element of government, therefore, is the method of choosing leaders.”

(Children of Dune). We have just chosen our leaders. We sincerely hope they are the right ones.

(The writer is a retired Principal Chief Commissioner of Income-Tax)

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