We the People

A couple of days ago, we have celebrated the 64^th anniversary of our independence – and today it seems that our nation is standing on a crucial juncture. The issue of ‘corruption, Anna and Jan Lokpal Bill’ has (or, more appropriately, can have) much wider ramifications. Like most of us, I also believe that Anna is a genuine patriot and is honestly trying to purge this country of corruption, without any ulterior or hidden motives. No right thinking Indian will think twice before supporting the objectives of Anna – however, it is also important that some of the implications of his strategy to attain those objectives are discussed.

The Constitution of India has very clearly and univocally put the onus of legislating for the nation on the Parliament. It is the duty, as well as right, of the Parliament to make rules which govern our nation. Now, in the form of Anna & Co, an extra-constitutional body is trying to force its own version of Jan Lokpal Bill down the throat of the nation. Anna might have best of the intentions, but if his demands are met by the government (and subsequently by the Parliament); flood-gates will open for self-help groups to blackmail the government into bringing legislations of their choice. We have seen scenes in recent past when groups have tried to brow-beat governments through similar strategies to gain favours (Gurjar’s rail-roko for reservation immediately comes to mind), but someone going to such an extent of insisting on his own version of the Bill is a first. If this strategy succeeds, then not only will such attempts increase manifold, but will also start claiming moral high-ground (aka Anna).

As I have said, making laws is the prerogative of the Parliament. And unfortunately, on several occasions the Parliament has failed in this. A glaring example is the Women Reservation Bill, which has failed to see the light of the day despite repeated assurances. But this is seen as a temporary failure of the Parliament, and the populace (at least a part of it) is still waiting for the Parliament to take action on it. But Anna’s case is entirely different. Here it is being claimed that the Parliament is incapable of making the law, and the version decided by a group of self-appointed do-gooders should be made law. If looked dispassionately, it is a strict no-confidence in the Constitution… I repeat, in the Constitution. Anna & Co are not forcing Parliament to make some law; they are holding Parliament incapable of forming the correct law, and are forcing it to accept the law made by them.

Let us, for a moment, assume that government accepts the Bill made by Anna & Co. What is the guarantee that another group, with the support of a couple of thousands, will not stand up tomorrow with its own version of the Bill? And how will we deny that group this right? And in that utter chaos, who will decide which the best version is? We can certainly see total breakdown of Parliamentary Democracy, as envisaged by our Constitution, here – which will lead the country to total anarchy.

I am, not for a moment, implying that the Constitution is sacrosanct. If a section of our society is thinking that the Parliament is failing in the duties assigned to it by the Constitution, then the remedy lies elsewhere. We need to change the Constitution. The process of framing laws in the country needs over-hauling. But what are the alternatives? Should we hold a country-wide referendum for each law to be implemented? It will be a logistical nightmare, but why not. If we no longer trust the Parliament to make rules for us, then we have to think of alternatives, so that each Indian can have equal say in the process – not just a few self-appointed torch-bearers. But it will require changes in the Constitution (which nobody is talking of), and, as long as the present Constitution is in place, no extra-constitutional body (read Civil Society) has a right to hijack the law making process.

Another issue to consider is the real worth of Jan Lokpal. In the past also we have seen the formation of so many agencies, with the promises of ending corruption – CVC at the Centre, Lokayuktas in states; but we all are witness that they have failed. And there is nothing to assure me that Jan Lokpal will not meet the same fate. Then there is the question of ‘guarding the guards’. One PJ Thomas was caught in time – but a number of PJ Thomases have managed to sneak through. When we are unable to elect/appoint/post honest incumbents at any public office, how can we be sure that we will be able to appoint an honest Jan Lokpal? Do remember the adage – ‘power corrupts, and absolute power corrupts absolutely.’ And we are planning to give absolute powers to this proposed Jan Lokpal.

Let us return to from where I started – India is at a juncture. But what is India? India is a hypothetical entity, totally unreal. Only we are real; we, the people of India. And the day we decide not to tolerate and condone corruption, it will end. And as long as we are accepting corruption as a way of life, it will continue – with Jan Lokpal, or without it. I read a small tale as a child which is very apt for this situation: ‘A sage asked all the residents of a village to put one glass of milk each in a tank, in the dark of the night. The objective was that by morning, the tank would be filled with milk. But in the morning the tank was filled with water. Each villager had put a glass of water in the tank, thinking that one glass of water put by him will not matter in a tank full of milk.’ We all are like those villagers – thinking that one glass of corruption tolerated/condoned/promoted by us will not matter. But it does matter – as it all adds up to a billion glasses of corruption. It is for us to fill our glasses with honesty instead of corruption, only then the tank will be filled with honesty. Until then, no Jan Lokpal, or Super Lokpal, or Mega Lokpal can remove corruption from this nation.