Institution Building Congress and BJP

A functional democracy requires functional and effective institutions. Institutions being the

nerves of a democratic order, their growth and autonomy are vital for smooth functioning of

democracy – political, economic and social. History has witnessed how institutions have evolved

over a period of time and contributes to the nation building process. History has also witnessed

how key institutions have been weakened deliberately by forces not conducive to democratic

affairs, consequently threatening the decline of democratic values in the society.

The Indian National Congress (INC), since it was constituted in 1885, has espoused nation

building through institutionalization of democratic values. The history of the Indian National

Congress is the history of institution building. After winning Independence, the Congress Party

in India was faced with the task of carving out a modern, democratic State from a traditional

society. The party started with a clear definition of the aims and purposes of the new State —Sovereignty of the People, Constitutional Democracy and Fundamental Rights. An inherited

stable governmental machinery and administrative structure, the adoption of parliamentary and

federal government and the setting up of the Planning Commission provided the formal

apparatus with which these purposes could be realised. What was needed was organisation and

drive to give content to the constitutional forms by building up an institutional continuum that

world lay the basis of a modern, democratic State. The Congress party attempted to strengthen

national unity, to modernise the country, and to operate political and governmental institutions in

order to lay the basis for democracy in India and remained successful in this endeavour. Ever

since, staunch secularism and socialist economics are the Congress’s “core beliefs. The Congress is committed to the four pillars of Nehruvianism — democratic institution -building, staunch

secularism, socialist economics and a foreign policy of non-alignment — that were integral to a

vision of Indianness.

On the other hand, the emergence of divisive elements like the Bharatiya Janta Party and its

sister organizations are persistently working towards weakening the forces that make for national

unity by strengthening parochial identities. Their traditional and conservative politics obstructs

the process of modernisation and democratisation. In essence, the conflict between the Congress

Party and political parties like the BJP is the conflict of ideas i.e. between the politics of

modernisation and the politics of power in a traditional society. The process of institution

building begins with the government. As the new government has taken charge, it becomes

important, in the public interest, to discuss and deliberate on institution building in India vis-à-

vis contributions of Congress and BJP thereto.

To begin with, the highest institution of a democratic set up is the Parliament. Opposition parties

and their constructive role improve the efficacy of Parliament as a legislating authority. The role

played by the BJP as an Opposition in the 15th Lok Sabha is a glaring example how the national

party had sullied the institution of Parliament, the sacred forum, by not allowing it to function

effectively. Parliament was prevented from discussing issues of public importance and to

legislate on matters of public welfare. The 15th Lok Sabha was not allowed to utilize even 40

percent of its allotted time on legislation / discussion. 60 percent time of Question Hour was lost

due to disruption by the BJP led opposition, only 10 percent of the starred questions could be

answered orally. Now, they have moved to the other side of the House and hopefully will allow

the Parliament to function. Another institution which was dishonored by the BJP was the

position of Prime Minister. Dr. Manmohan Singh, a leader honest to the marrow, was described

as ineffective and remote controlled. The BJP forgot that when the entire world was going

through recession, it was Dr. Singh who protected Indian economy from that recession with his

knowledge and acumen. Congress party is a democratic party which gives ample freedom to its

leaders and moreover, there is separation of power between the Party and the Government.

Rather, BJP is remote controlled from Nagpur. The RSS decides both policies and leaders for the

BJP. The BJP has not even left the Judiciary, the balancing institution between the Legislature

and the Executive, from being victimized. Taking exception to the Supreme Court verdict

charging yoga guru Baba Ramdev of ‘contributory neglect’ that led to the midnight police crackdown at the Ramlila Maidan, the Bharatiya Janata Party had said that by the same logic

Mahatama Gandhi contributed to the crackdown by the British raj on his protests. Such an

unscrupulous comparison reflects the BJP mindset. The BJP can tolerate a judicial decision or

executive order to the extent it facilitate their sinister design.

After 16th May, 2014 when it was decided that the BJP will form the Government at the centre,

discreet news items are appearing in the media that the new Government will undo the policies

and the executive decisions of the previous Government. In this context, constitutional posts like

State Governors and positions of policy importance like the RBI Governor have been dragged

into discussion which are not symbols of healthy governance. Such moves by the Government

have been criticized by intellectuals who are well aware of the critical role played by the

incumbents. Recently, former RBI Governor Shri Bimal Jalan has expressed his considered view

that office of the RBI should not be politicized. It is only hoped that better sense will prevail and

institutions like RBI, CVC and CAG will not be politicized.

The UPA Government, both in its first and second tenures, has enacted and implemented various

historic laws institutionalizing pro-education, pro-welfare and anti-poverty measures and

bringing transparency in administration. Schemes like MNREAGA and acts like the Right to

Information Act and the Right to Education Act are conspicuous examples reflecting the

objectives and concerns of the UPA Government. Health was another area which has been given

due importance by the Congress government, be it UPA or be it the previous Congress

Governments. Steps were taken to ensure health insurance cover to all the citizens, starting with

health insurance to the BPL families. If we look at how these welfare schemes were implemented

in non-Congress ruled states, a comprehensive picture can be obtained about the priorities of the

political parties like the BJP. Gujarat model of development, flagged as the best development

model by the BJP, has no place for development of human development index. Infant mortality,

malnutrition and dropout rates in the State reflect the areas of neglect by the State Government

there. A small Google search reveals that Gujarat occupies one of the top slots in the list of states

where RTI activists have been killed in recent years. A quick scan of those “killed” reveals that

five out of some 23 odd killed in recent years (22 percent) were from Gujarat. Gujarat is a

laggard in the implementation of the RTI Act. If it hadn’t been for a constitutional necessity to follow the laws of the land, the Gujarat Government would have done away with the RTI totally.

It’s the same with the Lokayukta, Why have a Lokayukta at all? Gujarat hasn’t had one since 2003. These are key elements in the Gujarat model that Shri Narendra Modi has promised us all.

Secularism is the pillar on which the pluralistic society of India rests on. India is best described

as a nation where unity is possible amidst the diversities. The history of India and the idea of

India are not about domination of minority cultures by the majoritarian culture but about

celebration of diverse cultural entities that exist peacefully within the constitutional framework

of the country. Therefore, the Government of the day should recognize this diversity and work

towards its promotion and protection instead of evoking a sense of fear among those who do not

believe in the theory of cultural hegemony.

But now that the BJP has come to control the central government, the threat of subversion of the

Constitution and the Parliament is very real. To conclude, as long as the extremist political forces

are not ideologically weeded out from the body politic, the threat of Hindutva subverting

Parliament will be real. The legislature and its capacity to assert its independence flow from the

executive’s accountability. This is how the makers of the Constitution conceived the

parliamentary system in our country. Given the obnoxious record of the BJP and the Hindutva

forces, the threat is all the more serious. In democracies the world over, the functioning of the

legislature is inseparably linked to the functioning of a free press reflecting truthfully the

development and proceedings in Parliament. Therefore, in the coming days, vigilance has to be

multi-fold to safeguard Parliament from such pernicious attempts at subversion.

* The writer is a young Supreme Court Lawyer and the National Spokesperson of the Indian

National Congress