March 31, 2024
Dear Readers,
March has seen significant events prompting reflection on the state of our nation. The Supreme Court’s verdict overturning the 1998 ruling in the JMM bribery case reminds us of the ongoing battle against corruption, emphasizing the need for transparency and accountability.
The implementation of the Citizenship Amendment Act has reignited debates on India’s secularism. Critics argue the law, which fast-tracks citizenship for certain religious minorities while excluding Muslims, undermines India’s secular principles and raises concerns about discrimination.
Political, economic, and social challenges overshadow India’s upcoming elections. Addressing these issues, including unemployment and social injustices, is crucial for the nation’s progress.
The arrest of Arvind Kejriwal highlights a worrying trend of stifling political opposition. Strengthening federal institutions is crucial to safeguard democratic values amid vested interests.
Let us stand for progress and democracy, united in our pursuit of a better India.
Sincerely,
Hari Jaisingh
Beyond Immunity: Can India Clean Up its Political System?
The fight against corruption is a constant tug-of-war, but the Supreme Court’s decision reminds us that progress, even in small steps, is always worth celebrating. In a historic move, the Supreme Court of India has revoked immunity for Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs) who accept bribes to influence their actions in legislative proceedings. The seven-judge Constitution Bench, headed by Chief Justice D. Y. Chandrachud, unanimously overruled the previous verdict in the 1998 Jharkhand Mukti Morcha (JMM) bribery case, granting such legislators immunity.
The case originated from allegations against JMM leader Shibu Soren and others for accepting bribes during a no-confidence motion against the P. V. Narasimha Rao government in 1993. Based on a 3-2 split decision, the previous ruling had granted lawmakers immunity from prosecution for such actions, citing parliamentary privileges outlined in the Constitution.
The recent decision by the Constitution Bench marks a significant departure from the earlier stance. It emphasizes that corruption undermines democratic ideals and redefines parliamentary privileges to align with constitutional principles. The ruling also addresses the issue of quid pro quo in bribery cases and highlights the right to equality under Article 14 of the Constitution.
While affirming the importance of equality, the Court cautioned against the possible misuse of the ruling to unfairly target opposition lawmakers. It stressed the importance of nurturing an environment conducive to open debate and the exchange of ideas during parliamentary proceedings, urging the executive and judiciary to maintain the integrity of the judgment.
The ruling stated sharply:
“Corruption and bribery of the members of legislature erode the foundation of Indian parliamentary democracy. It is destructive of the aspirational and deliberative ideals of the Constitution and creates a polity which deprives citizens of a responsible, responsive and representative democracy.”
The apex court stated that the Constitution envisions probity in public life. This implies that accepting bribes is an offence as it is, and it does not depend on whether the public servant acted differently. The Court also cautioned against establishing an unjustified class of public officials shielded from prosecution, as it would contravene the constitutional right to equality enshrined in Article 14. Such categorization, the Court argued, would be blatantly arbitrary.
The ruling stated:
“The mere “obtaining”, “accepting” or “attempting” to obtain an undue advantage with the intention to act or forbear from acting in a certain way is sufficient to complete the offence. It is not necessary that the act for which the bribe is given be actually performed.”
Further, the Supreme Court clarified that the judiciary and the legislature can oversee what lawmakers do. The Court explained that parliamentary privilege protects lawmakers’ freedom to speak and act independently in Parliament. Additionally, the Court looked into Section 7 of the Prevention of Corruption Act, which deals with crimes involving bribes given to public servants.
While this ruling by the Supreme Court is a promising development, India needs further reforms to improve the quality of its democracy and ensure ethical governance. Looking beyond, it is essential to recognize that the quality of Indian democracy cannot be upgraded as long as double standards, hypocrisy, and doublespeak rule ministerial thinking and action.
If ministers publicly exhibit an attitude of contempt for their colleagues and functional norms, then democracy would become a sort of farce. Today, we see a noticeable deterioration in public life on all fronts. Equally distressing is that politicians fight their personal battles for survival, and critical national issues are either pushed to the back seat or conveniently overlooked.
It also needs to be noted that those in authority look at matters and persons based on their political arithmetic and not on merit. The moot point is, why must we judge through political angularities? We must not overlook that there is more to our national life than fixed angularities and closed minds.
Honest and trustworthy individuals become increasingly sidelined in this setting. As a result, many opt to distance themselves from the murky world of politics, prioritizing their identity as free-thinking individuals. Thus, independent-minded people face significant challenges in the prevailing highly politicized climate.
The politics of expediency that is preferred these days breeds only opportunistic leaders who know the art of maneuvering everything for self-promotion at the cost of the greater good of the greatest number. No wonder most political leaders these days are branded as self-seekers.
(March 9, 2024)
Assessing India’s Citizenship Amendment Act
The government’s announcement of the implementation of the Citizenship Amendment Act (CAA) has once again stirred serious discussions about the fundamental principles of India’s secularism and democracy. The timing of the implementation of the law, just before the general elections and at the start of Ramadan, raises questions about the government’s intentions. Many have viewed this as a move to polarize voters and distract from other issues, such as scrutiny over the electoral bonds scheme. The Supreme Court of India has agreed to hear the petitions seeking a stay on the implementation of the CAA rules. Approximately 200 petitions challenging the CAA are pending before the apex court and have yet to be addressed.
Let us recall the essence of this Act.
The law, which has been contentious since its passage in 2019, grants expedited citizenship to refugees from neighboring countries belonging to certain religious minorities from Pakistan, Afghanistan, and Bangladesh but excludes Muslims. Before this amendment, individuals entering India without proper documentation were deemed illegal migrants and had no clear path to citizenship unless their stay was regularized through a long-term visa. However, the CAA amends this rule, except for Muslims, providing citizenship to persecuted Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians who entered India before December 31, 2014.
The law has been framed as a correction of the wrongs of Partition, with proponents arguing that Muslims do not need such atonement as they are not persecuted minorities in the listed countries.
However, critics say that this discriminates based on religion, contrary to the secular ethos of the Constitution, which does not mention religion as a criterion for citizenship. The term ‘secularism’ was incorporated into the Preamble of the Indian Constitution via the 42nd Amendment in 1976, emphasizing the state’s commitment to religious neutrality. The CAA’s preferential treatment of certain religious groups upsets India’s secular ideals. Additionally, the law undermines the right to equality guaranteed by Article 14 of the Constitution.
The Citizenship Amendment Act also connects to the National Register of Citizens (NRC), which aims to identify and deport illegal immigrants, particularly Muslims, from Assam. The NRC process has raised concerns about proving citizenship, especially for marginalized communities who lack documentation. Critics argue that the CAA, along with the NRC, aims to increase the number of Hindu voters in northeastern states while excluding Bangladeshi Muslims from citizenship. This demographic shift could benefit the ruling party.
However, the government has maintained that the CAA does not affect Indian Muslims’ citizenship and assures that no citizen will be asked to prove their citizenship. Despite government denials of discriminatory intent, the combination of the CAA and the NRC could further marginalize vulnerable communities. In fact, the CAA complements the NRC by protecting non-Muslims excluded from the register. Together, they raise concerns about transforming India into a majoritarian polity with unequal citizenship rights.
The CAA lends uncertainty to millions who lack documentation and could be deported. The question is: where will these individuals without documentation go? More than 100 lives were lost during the violence that erupted due to the Act. Is the government really ready to pay such a heavy cost for legislation that has been condemned not only globally but, more importantly, by its own citizens due to its discriminatory nature?
Amidst all these complexities, it is necessary to ensure that there is no discrimination against any community, especially Muslims, in granting citizenship on the part of Indian authorities. What is required is a sensible and impartial approach to address the issue of CAA. As the Supreme Court prepares to hear petitions challenging the CAA, I keep my fingers crossed for a fair decision that ensures justice and equal treatment for everyone.
In the words of Dr. B.R. Ambedkar:
“Law and order are the medicine of the body politic and when the body politic gets sick, medicine must be administered.”
This resonates deeply in the current discourse surrounding the CAA, emphasizing that appropriate measures must be applied to address societal issues through lawful and orderly means so as to uphold the well-being of our nation.
(March 16, 2024)
Challenges Ahead for India
India, while maintaining its status as the world’s largest democracy, faces significant challenges as it begins voting for a new government next month. Despite its reputation as a vibrant democracy, India faces weaknesses in its democratic system. Its institutions grapple with unaddressed issues, and the number of incidents regarding religious tolerance and minority rights continues to rise. As for the economy, the latest GDP figures suggest much to cheer about. However, the ground reality tells a different story: the pervasive issue of unemployment, with millions of job seekers vying for a handful of government positions.
How India handles these political, social, and economic challenges will determine its future. Indeed, if we are serious about the quality of democracy, it is essential to confront the nexus between businesses and politicians and dismantle undue corporate influence over politics. While undeniably formidable, this endeavor must commence to ensure a transparent and untainted political environment. As P. N. Haksar, bureaucrat and Prime Minister Indira Gandhi’s Principal Secretary, once said:
“We have to have a vision of a society which, while putting food in a hungry man’s belly, also gives him hope so that he can think.”
This vision highlights the importance of providing basic necessities and fostering hope and opportunity, enabling individuals to envision a brighter future. Achieving this requires not just legislative reforms but also a cultural shift toward integrity and accountability. Courageous individuals must speak out against corruption and wrongdoing, as only through such actions can we liberate ourselves and our democracy from the grip of corporate influence.
Shifting the focus to the economic landscape, the ground reality tells a different story from the 8.4% GDP growth reported during the October-December 2023 quarter. The disparity between economic indicators and employment opportunities highlights the need for a closer examination of the factors driving economic growth and their impact on job creation.
According to economist Raghuram Rajan, the spectacular GDP growth reported in the third quarter lends a misleading story. He says that despite this strong growth, India’s GDP is still significantly below the 6% trend line of our potential. He adds that the recent growth needs to be viewed critically before hailing a sustained era of 8% GDP growth as the new norm. A significant portion of this growth can be attributed to government expenditure on infrastructure, frontloaded during the initial half of the fiscal year 2023. However, this spending has already begun to decelerate, and the Central Statistics Office (CSO) anticipates GDP growth to dip below 6% in the January-March 2024 quarter.
Beyond politics and the economy, India grapples with pressing societal issues affecting well-being and happiness. On March 20, the 2024 World Happiness Report was released to mark the UN’s International Day of Happiness. As the name suggests, the report presents insights into global happiness levels. Finland retained its top spot, while Serbia and Bulgaria saw significant improvements. The United States and Germany slipped in rankings due to concerns among young people about various aspects of life.
India’s happiness remains low, with South Asia, the Middle East, and North Africa reporting declines. It’s true that while the methodology of the study may be questionable as it is peppered with personal evaluations, Western bias, and interpretation of aspirations in developing countries, it can offer valuable insights. The report revealed concerning trends in India, including declining happiness levels among youth and persistent gender disparities.
Recent events tell the story of our ongoing struggle with pressing societal issues. For instance, the attack on the Spanish woman on March 1 in Dumka, Jharkhand, highlights the pervasive social issue of gender-based violence in India, where women often face unwelcome attention and harassment in public spaces. Despite efforts to address these issues, including legal reforms and awareness campaigns, the prevalence of such assaults tells us the need for deeper societal change to challenge harmful gender norms and ensure the safety and dignity of all individuals, regardless of gender or ethnicity.
We were barely digesting this news, and then, on March 17, international students were assaulted while offering Ramadan prayers at Gujarat University. The attack stemmed from a dispute over the location of the prayers, leading to a physical assault on the students, who sustained injuries and had their rooms vandalised.
Such incidents have become more common of late and shed light on the social issues facing India, particularly regarding religious tolerance and minority rights. What is worrying is that the recurrence of such incidents indicates a broader societal challenge in ensuring the safety and protection of marginalized groups, including foreign students studying in India. Addressing these issues requires legal action against perpetrators and concerted efforts to promote interfaith harmony and respect for diversity within Indian society.
As India braces itself for a new government, it faces many political, economic, and social challenges that the incoming administration must prioritize to steer the nation toward a more harmonious future. By prioritizing effective governance, unemployment and socio-economic inequalities, social inclusion, and empowering marginalized communities, India can overcome these challenges and emerge stronger. However, we must take a clear and hard look at what is not working and fix it. With the upcoming general elections in sight, the more active segments of Indian society will look for leaders who show determination, guts, fighting spirit, clear vision, and common sense and hold out a new promise for a better deal for the people.
(March 23, 2024)
Kejriwal’s Arrest and Implications for Indian Democracy
The recent arrest of Delhi Chief Minister Arvind Kejriwal by the Enforcement Directorate (ED) goes against all well-established democratic norms. A prominent opposition leader, Kejriwal’s arrest raises concerns, especially considering the upcoming general elections. The moot question arises: Is the ruling Bharatiya Janata Party (BJP) under Prime Minister Narendra Modi trying to eliminate opposition voices before the elections?
On the face of it, this notion seems absurd, given the findings of multiple surveys projecting Narendra Modi’s victory for a third term. As it is, Modi’s popularity continues to be sky-high and deeply rooted within India’s government and society, with a solid following reminiscent of a cult. He has, consequently, nothing to fear regarding his re-election. However, there is a concerning trend of diminishing space for political opposition, media, academia, and civil society.
It is essential to recognize that the BJP’s pro-centralization trend is creating a more polarized federal politics that deviates from consensus-based governance, federal cooperation, and secularism. There are enough indications that point towards an increasingly centralised and autocratic governance.
An investigation by the Indian Express revealed that between 2014 and 2022, 121 well-known politicians were investigated by the ED. Among them, 115 were opposition leaders, comprising 95% of the cases. This contrasts with the ED’s activity during the UPA regime between 2004 and 2014, where only 26 political leaders were probed, of which 14 were opposition leaders, accounting for over half of the cases at 54%.
Allegations against Kejriwal, involving money laundering and alleged kickbacks from Delhi liquor barons, show the politicization of law enforcement agencies and an erosion of democratic norms. In this context, it must be stated that no evidence could directly link Kejriwal or his deputy, Manish Sisodia, to these kickbacks. But then, we know well enough how Indian democracy works with its inherent flaws and vulnerabilities.
Admittedly, establishing a money trail is hard in any case of corruption. However, Kejriwal’s arrest brings to light the unusual circumstances surrounding his detention.
Let us go back to 2002, when the Prevention of Money Laundering Act (PMLA) was introduced. The intent was to combat money laundering linked to serious crimes such as terrorism and drug trafficking. These cases are complex since moving money without leaving a trail is usually easy. The agencies, therefore, need more power to act. The PMLA, thus, allows officials to take big steps, like arresting someone or freezing their assets, with meager proof of money laundering. The evidence just needs to suggest money laundering could have happened. It is also hard to get bail for a PMLA offence. The law ensures the accused does not flee, tamper with evidence, or influence witnesses.
PMLA is one of the strictest laws and has tremendous potential for misuse. Kejriwal’s arrest clearly illustrates the misuse of the PMLA and the need for stronger institutions. The outcome of the Kejriwal case will be a crucial measure of the trust in those tasked with enforcing this act.
The arrest of Arvind Kejriwal amidst increasing political tensions and questions surrounding the motives of the ruling party highlights the pressing need to safeguard democratic institutions in India. As allegations swirl and concerns about the misuse of legal mechanisms mount, it becomes imperative for the nation to reaffirm its commitment to transparency, accountability, and the rule of law.
Be that as it may, India’s democracy has yet to fully realize its constitutional ideals. Entrenched interests hinder progress. There are no-changers galore who are wedded to the status quo. Infused with their grab-all mentality, they have ceased to be the guardians of rationality. For that matter, logic and rationality no longer guide our leaders. Politics is seen as a caste- and money-based electoral game for them. They thrive on stunts by mixing politics with caste and money for electoral gains. Do we have any answers to such situations?
This necessitates stronger federal institutions that uphold the foundational principles of democracy, ensuring that all voices are heard and justice is pursued with unwavering integrity. Preserving democracy requires a relentless commitment from all Indians, even in the face of formidable challenges.
(March 30, 2024)