Credibility crisis: India's top institutes increasingly turn inefficient with ripple effect down to the bottom

By Pushkar Raj*
The credibility of India’s top institutions has lately suffered, affecting governance and democracy in the country. Its strong indication came in the form of the impeachment motion against the chief justice of India which was rejected by the vice-president and was subsequently challenged in the highest Court.
When the case challenging legality of the vice president’s action came before the court, the petitioner sought clarification on the bench hearing the case expecting that the chief justice could not pick and choose judges (bench) that heard his own case. But the court refused to give explanation, meaning that the court would not follow the first principle of justice in its own conduct that one cannot be a judge in his/her own case. It is logical that such a court could not be expected to deliver justice fairly and therefore the petition was withdrawn.
It is a crucial self -goal, akin to a sabotage from within putting question marks on the highest court’s ability to enforce the constitution fairly, thus damaging democracy in the country.
But it is not only the Supreme Court that has failed to inspire confidence, even the parliament of India has failed to discuss, debate, moderate and legislate on urgent public issues. For instance, the Lok Sabha functioned for only 33. 6 hours in 28 days during recent budget session passing two bills in 14 minutes. It passed the annual budget for the nation without discussion and the speaker of house disallowed to take up a no confidence motion against the government.
In a cabinet system of government, it is the Prime Minister’s duty to conduct the proceedings of parliament with the help of his/ her cabinet. However, the present prime minister took little interest in doing so, instead after the washout of the parliament session, he observed a day’s fast with his cabinet colleagues and cleared his conscience. It is like sinning to national loss and bathing to personal purity, adding little value to the highest executive office of the country.
The Reserve Bank of India sets the monetary policy of the country but it took merely a day to approve government’s advice on demonetisation without giving thought on its rationale or how it would handle post-demonetisation situation. Consequently, 99 per cent currency came back at the cost of more than a hundred human lives and huge loss to nation as economy slowed down due to unavailability of currency in a cash dependent system.
For democracy to function, election commission must be beyond reproach. However, election commission sullied its image by its conduct during the Gujarat election postponing election dates against norms and by disqualifying AAP legislatures of Delhi assembly without giving them a fair hearing thus inviting Delhi high courts criticism that struck down its decision.
Inefficient and self-perpetuating institutions at top have a ripple effect down to bottom. For example, the Chennai High Court could not decide on the case of disqualification of 18 legislators for five months, causing a government to continue in the office that might be found to be functioning illegally for all these months. It finally delivered a split verdict recently lingering the matter indefinitely, more in line with other high courts across the country where 4.2 million cases are waiting to be heard.
Similarly, the state assemblies of UP, Gujarat and Rajasthan functioned for 17, 25 and 33 days in 2017, and the latter passed a legislation granting a 'former chief minister' an official bungalow with 9 employees for life , under the patronage of sitting Chief minister who hopes to become a 'former chief minister' soon as election are due shortly in the state.
The institutions are the last resort of the people for getting justice in a democratic society. If they are unable to do so because the institutions are weak, self-perpetuating, unaccountable and politically influenced, then democracy becomes a farce and the leader who presides over such a spectacle is judged by the history harshly, be it Indira Gandhi or Narender Modi.
In this context, learning from history is useful. India’s first prime minister, Pandit Nehru is revered largely because he built, nurtured and respected institutions that, he recognised, outlast individuals who, howsoever popular or clever, are merely slaves of time in a democracy.
---
*Melbourne based researcher and author, former national general secretary, People's Union for Civil Liberties 

Comments

Uma said…

Just looking at the picture of Sinha felicitating those accused of lynching and justifying this by saying they are innocent until proved guilty is sickening. What about the victims? Weren't they held guilty without being given the chance to prove themselves innocent?

July 08, 2018

India's GDP down by 50%, not 23%, job loss 200 million not 122 million: Top economist

By Our Representative One of India’s topmost economists has estimated that India’s Gross Domestic Product (GDP) decline was around 50%, and not 23%, as claimed by the Government of India’s top data body, National Statistical Organization (NSO). Prof Arun Kumar, who is Malcolm S Adiseshiah chair professor, Institute of Social Sciences, New Delhi, said this was delivering a web policy speech, organised by the Impact and Policy Research Institute (IMPRI), New Delhi.

Youngest of 16 activists jailed for sedition, Mahesh Raut 'fought' mining on tribal land

By Surabhi Agarwal, Sandeep Pandey* A compassionate human being, always popular among his friends and colleagues because of his friendly nature and human sensitivity, 33-year-old Mahesh Raut, champion of the democratic rights of the marginalised Adivasi people of Gadchiroli, Maharashtra, has been in prison for over two years now.

India performs 'poorly' in Quality of Life Index, ranks 62nd out of 64 countries

Counterview Desk “Expat Insider”, which claims to be one of the world’s most extensive surveys about living and working abroad, in a survey of 20,259 participants from around the globe, has found that of the 64 destinations around the globe, has found that while Taiwan is the best destination for persons living outside their native country, closely by Vietnam and Portugal, India ranks 59th.

#StandWithStan: It's about Constitution, democracy and freedom of expression

By Fr Cedric Prakash SJ* It is more than three weeks now: On the night of October 8, 2020, the 83-year-old Jesuit Fr Stan Swamy was taken into custody by the National Intelligence Agency (NIA) from his residence in Ranchi to an undisclosed destination. According to his colleagues, the NIA did not serve a warrant on Fr. Stan and that their behaviour was absolutely arrogant and rude.

Stan Swamy vs Arnab Goswami: Are activists fighting a losing battle? Whither justice?

By Fr Sunil Macwan SJ* It is time one raised pertinent questions over the courts denying bail to Fr Stan Swamy, who was arrested under the Unlawful Activities (Prevention) Act (UAPA), and granting it to Arnab Goswami, editor-in-chief of the Republic TV, arrested under the charge of abetting suicide of Avay Naik, who ended his life in 2018. It is travesty of justice that a human rights activist is not only denied bail but is also made to wait for weeks to hear a response to his legitimate request for a straw to drink water, while Arnab Goswami walks free.

Human development index: India performs worse than G-20 developing countries

By Rajiv Shah A new book, “Sustainable Development in India: A Comparison with the G-20”, authored by Dr Keshab Chandra Mandal, has regretted that though India’s GDP has doubled over the last one decade, its human development indicators are worse than not just developed countries of the Group of 20 countries but also developing countries who its members.

Buddhist shrines massively destroyed by Brahmanical rulers in "pre-Islamic" era: Historian DN Jha's survey

Nalanda mahavihara By Our Representative Prominent historian DN Jha, an expert in India's ancient and medieval past, in his new book , "Against the Grain: Notes on Identity, Intolerance and History", in a sharp critique of "Hindutva ideologues", who look at the ancient period of Indian history as "a golden age marked by social harmony, devoid of any religious violence", has said, "Demolition and desecration of rival religious establishments, and the appropriation of their idols, was not uncommon in India before the advent of Islam".

Namaz in Mathura temple: Haridwar, Ayodhya monks seek Faisal Khan's release

By Our Representative As many as 23 members of the Hindu Voices for Peace (HVP), including the founder president of the well-known Haridwar-based Matri Sadan Ashram, Swami Shivananda Saraswati, and a one of its top monks, Brahmachari Aatmabodhanand, have expressed their “dismay” over the arrest of Khudai Khidmatdar chief Faisal Khan and three others on charges of “promoting enmity between religions” and “defiling a place of worship” after they offered namaz in Mathura’s Nand Baba temple premises on October 29.

Government of India 'refuses' to admit: 52% of bird species show declining trend

Finn's Weaver By Our Representative The Government of India has been pushing out “misleading” data on the country’s drastic wildlife decline, says a well-researched report, pointing towards how top ministers are hiding data on biodiversity losses, even as obfuscating its own data. It quotes “State of India’s Birds Report 2020” to note that of the 261 out of 867 bird species for which long-term trends could be determined, 52% have declined since the year 2000, with 22% declining strongly.

Dalit, Adivasi protest in Jharkhand against 'illegal' transfer of land for development

By Rishit Neogi Displacement and eviction are not new terms. It is surprising that they are still continuing and have become a tool in the hands of state backed corporates to forcibly occupy lands in the name of development.

Search This Blog