Skip to main content

SBI 'openly complicit' in Electoral Bonds scam? Apex Court's Constitutional dilemma

By Fr Cedric Prakash SJ*

In a short time from now, the Election Commission of India (ECI) is expected to announce the General Elections 2024! The citizens of India are aware that this is a watershed moment for the country and the outcome of the elections will certainly determine the future, particularly the nation’s commitment to its Constitution and the future of our democracy!
India today is on the brink! There are fascist, fundamentalist and fascist forces at work, determined to take the country back to the ‘dark ages’ of history. At stake are India's pluralistic traditions and democratic ethos! ‘Good governance’ is pathetically lacking! Article 19 (which guarantees freedom of speech and expression), Article 21 (the right to life and liberty) Article 25 (which guarantees freedom to preach, practice and propagate one’s religion), for that matter, all fundamental rights- are consistently denied to citizens.
At the receiving end are the poor and the vulnerable, the marginalised and the minorities, the excluded and the exploited, the Adivasis, the Dalits and the OBCs; the small farmers and migrant workers; women and children; the differently-abled and other sexually-oriented persons; human rights defenders, journalists and all those who take a visible and vocal stand to protect and promote the idea of a democratic, pluralistic and secular India!
There is a serious lack of political will to address systemic burning issues; there are hurried legislation and draconian, prejudiced policies (all designed to decimate the Constitution) like the National Education Policy, the Citizenship Amendment Act, the anti-conversion laws, the anti-farmer (pro-Corporate) farm laws, the four labour codes, the Forest Conservation Amendment Act, the recent Uttarakhand Universal Civil Code, the ‘One Nation, One Election.’ Constitutional bodies like the Election Commission, the Enforcement Directorate, the Central Bureau of Investigation, the NIA, the police and even the judiciary are compromised; they have become ‘Caged Parrots’.
Corruption is the new normal; we have the most corrupt government since independence! First, it was demonetization; then, the scam of the Electoral Bonds. Fortunately, the pathbreaking judgement on the Electoral Bonds by the Supreme Court on 15 February, has exposed the corruption, the lack of transparency and accountability of this current Government.
The State Bank of India (SBI) had to furnish the complete details to the Apex Court by 6 March. In a blatantly corrupt manner, on 4 March, the SBI petitioned the SC – for an extension of time till 30 June to provide these details! Only an absolute moron will be unable to see the nexus between the SBI and the regime! Let’s see what the decision of the SC is and whether they will be openly complicit in this corrupt act!
Communalism is everywhere! ‘Hindutva’ is mainstreamed: from the proliferation of temples to the ascendancy of the RSS in every sector. The pluralistic fabric and the rich diversity of the country is being destroyed systematically. Early December, in Jaipur, one of the newly elected MLAs went round closing down non-vegetarian restaurants run by Muslims. On 22 January, with much fanfare, it was the launch of the Ram Temple by the BJP /RSS, using official Government of India machinery.
There are numerous instances of minorities (Muslims, Christians and Sikhs) being targeted and attacked. In Manipur and elsewhere, Christian personnel and institutions are being attacked almost daily! The farmers and the ordinary labourers are on the warpath. Thousands of them, who at this moment, are outside Delhi are being forbidden to enter the capital city. The Government is using every ruse in the book to quell their protest
On 26 November 1949, We the People of India, gave to ourselves a visionary and pathbreaking constitution. Thanks to all the members of our Constituent Assembly, eminent women and men, from every section of India’s society, led by stalwart Dr BR Ambedkar. On, 25 November 1949, the eve of the enactment of the Constitution, Dr Ambedkar gave a long but very passionate speech to the Constituent Assembly.
His speech set the vision and the spirit of what the new Constitution should be for the people of India. Ambedkar said:
“If we wish to maintain democracy not merely in form, but also in fact, what must we do? The first thing in my judgement we must do is to hold fast to constitutional methods of achieving our social and economic objectives…. where constitutional methods are open, there can be no justification for (..) unconstitutional methods. These methods are nothing but the Grammar of Anarchy and the sooner they are abandoned, the better for us.
“The second thing we must do is to observe the caution which John Stuart Mill has given to all who are interested in the maintenance of democracy, namely, not “to lay their liberties at the feet of even a great man, or to trust him with power which enable him to subvert their institutions in politics, Bhakti or hero-worship is a sure road to degradation and to eventual dictatorship. The third thing we must do is not to be content with mere political democracy. We must make our political democracy a social democracy as well. Political democracy cannot last unless there lies at the base of it, social democracy”.

Ambedkar’s final words in that path breaking speech, sums up his views on the measure of responsibility owed to preserve the idea of India, as envisioned in the Constitution:
“If we wish to preserve the Constitution in which we have sought to enshrine the principle of Government of the people, for the people and by the people, let us resolve not to be tardy in the recognition of the evils that lie across our path and which induce people to prefer Government for the people to Government by the people, nor to be weak in our initiative to remove them. That is the only way to serve the country. I know of no better.”
It looks as though, the visionary he was, Ambedkar was actually visioning and speaking of India 2024, when the Constitution is truly at stake! The sacred Constitution of India today, is not only being trampled upon and desecrated, but being torn to shreds. The Constitution guarantees fundamental rights (rooted in the Universal Declaration of Human Rights of 1948) to every single citizen of India; they are based on the four non-negotiable pillars of justice, liberty, equality and fraternity.
These fundamentals which are enshrined in the Preamble with the pledge to constitute India into a Sovereign, Socialist, Secular and Democratic Republic; where dignity, unity and integrity are paramount. The promotion and the protection of human rights for all and the respect for pluralism and diversity, is sine qua non for good governance. Sadly, in the past few years we have witnessed the systematic erosion and the destruction of human rights, by those in power.
It is imperative that we the people, mainstream Constitutionality today, which could include:
  • to promote and protect the Constitution in every way
  • to study the Constitution: developing an ownership of it in letter and spirit; 
  • to organise in-depth training in social analysis and advocacy; 
  • to ensure that all official policies / legislation which are draconian anti- people, anti- poor and anti- Constitutional which go against the democratic and pluralistic fabric of the country be rescinded immediately and unconditionally; 
  • to ensure that all eligible voters are on the electoral rolls and exercise their franchise freely, for democratic, secular parties/individuals. It means that a regime which is fascist, fundamentalist and fanatic and is unable to ensure constitutional rights to all, must be voted out!
Many Constitutional challenges indeed! But only when we the citizens of India realise and exercise our Constitutional mandate will we be able to guarantee to our beloved nation the change we want to see! In the meantime, we need to pray and act in the words of Rabindranath Tagore, “Into that heaven of freedom my Father, let my country awake!”
---
*Human rights, reconciliation and peace activist/writer

Comments

TRENDING

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

Jayanthi Natarajan "never stood by tribals' rights" in MNC Vedanta's move to mine Niyamigiri Hills in Odisha

By A Representative The Odisha Chapter of the Campaign for Survival and Dignity (CSD), which played a vital role in the struggle for the enactment of historic Forest Rights Act, 2006 has blamed former Union environment minister Jaynaynthi Natarjan for failing to play any vital role to defend the tribals' rights in the forest areas during her tenure under the former UPA government. Countering her recent statement that she rejected environmental clearance to Vendanta, the top UK-based NMC, despite tremendous pressure from her colleagues in Cabinet and huge criticism from industry, and the claim that her decision was “upheld by the Supreme Court”, the CSD said this is simply not true, and actually she "disrespected" FRA.

Stands 'exposed': Cavalier attitude towards rushed construction of Char Dham project

By Bharat Dogra*  The nation heaved a big sigh of relief when the 41 workers trapped in the under-construction Silkyara-Barkot tunnel (Uttarkashi district of Uttarakhand) were finally rescued on November 28 after a 17-day rescue effort. All those involved in the rescue effort deserve a big thanks of the entire country. The government deserves appreciation for providing all-round support.

Urgent need to study cause of large number of natural deaths in Gulf countries

By Venkatesh Nayak* According to data tabled in Parliament in April 2018, there are 87.76 lakh (8.77 million) Indians in six Gulf countries, namely Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates (UAE). While replying to an Unstarred Question (#6091) raised in the Lok Sabha, the Union Minister of State for External Affairs said, during the first half of this financial year alone (between April-September 2018), blue-collared Indian workers in these countries had remitted USD 33.47 Billion back home. Not much is known about the human cost of such earnings which swell up the country’s forex reserves quietly. My recent RTI intervention and research of proceedings in Parliament has revealed that between 2012 and mid-2018 more than 24,570 Indian Workers died in these Gulf countries. This works out to an average of more than 10 deaths per day. For every US$ 1 Billion they remitted to India during the same period there were at least 117 deaths of Indian Workers in Gulf ...

Uttarakhand tunnel disaster: 'Question mark' on rescue plan, appraisal, construction

By Bhim Singh Rawat*  As many as 40 workers were trapped inside Barkot-Silkyara tunnel in Uttarkashi after a portion of the 4.5 km long, supposedly completed portion of the tunnel, collapsed early morning on Sunday, Nov 12, 2023. The incident has once again raised several questions over negligence in planning, appraisal and construction, absence of emergency rescue plan, violations of labour laws and environmental norms resulting in this avoidable accident.

Pairing not with law but with perpetrators: Pavlovian response to lynchings in India

By Vikash Narain Rai* Lynch-law owes its name to James Lynch, the legendary Warden of Galway, Ireland, who tried, condemned and executed his own son in 1493 for defrauding and killing strangers. But, today, what kind of a person will justify the lynching for any reason whatsoever? Will perhaps resemble the proverbial ‘wrong man to meet at wrong road at night!’

Celebrating 125 yr old legacy of healthcare work of missionaries

Vilas Shende, director, Mure Memorial Hospital By Moin Qazi* Central India has been one of the most fertile belts for several unique experiments undertaken by missionaries in the field of education and healthcare. The result is a network of several well-known schools, colleges and hospitals that have woven themselves into the social landscape of the region. They have also become a byword for quality and affordable services delivered to all sections of the society. These institutions are characterised by committed and compassionate staff driven by the selfless pursuit of improving the well-being of society. This is the reason why the region has nursed and nurtured so many eminent people who occupy high positions in varied fields across the country as well as beyond. One of the fruits of this legacy is a more than century old iconic hospital that nestles in the heart of Nagpur city. Named as Mure Memorial Hospital after a British warrior who lost his life in a war while defending his cou...

New RTI draft rules inspired by citizen-unfriendly, overtly bureaucratic approach

By Venkatesh Nayak* The Department of Personnel and Training , Government of India has invited comments on a new set of Draft Rules (available in English only) to implement The Right to Information Act, 2005 . The RTI Rules were last amended in 2012 after a long period of consultation with various stakeholders. The Government’s move to put the draft RTI Rules out for people’s comments and suggestions for change is a welcome continuation of the tradition of public consultation. Positive aspects of the Draft RTI Rules While 60-65% of the Draft RTI Rules repeat the content of the 2012 RTI Rules, some new aspects deserve appreciation as they clarify the manner of implementation of key provisions of the RTI Act. These are: Provisions for dealing with non-compliance of the orders and directives of the Central Information Commission (CIC) by public authorities- this was missing in the 2012 RTI Rules. Non-compliance is increasingly becoming a major problem- two of my non-compliance cases are...

Budget for 2018-19: Ahmedabad authorities "regularly" under-spend allocation

By Mahender Jethmalani* The Ahmedabad Municipal Corporation’s (AMC's) General Body (Municipal Board) recently passed the AMC’s annual budget estimates of Rs 6,990 crore for 2018-19. AMC’s revenue expenditure for the next financial year is Rs 3,500 crore and development budget (capital budget) is Rs 3,490 crore.