Wednesday 29 January 2020

democracy and public institutions and process

That the levels of public discourse and language have stooped to hooliganism, outright abuse and unacceptable civic behaviour and manner is not so much of a shock. After all, many of them are simply put criminals or of criminal backgrounds (proven or otherwise) and more certainly of criminal mindsets. What is of a bigger concern is the absolute dysfunction, neutralizing and debasement of public and constitutional institutions. To make matters worse, some of them are often engaged in a bid to outdo each other in phsychopancy and becoming an instrument in the hands of the powers of the day - the government and even the ruling party.

"Power corrupts, and absolute power corrupts absolutely" someone said long before and we have had many instances across different ages, times, geographies and nation states where we witnessed macabre forms of abuse of power. The sinister designs and demands of such fascist, totalitarian and authoritarian regimes are such. We need to simple look back a few years or look around to see evidence of how such designs were implemented. They will look to manipulate public opinion, control means and resources for few, decimate opposition of any kind whether in parliaments, streets or media (these days, social media as well) and yes all of it in your name (race, religion, country, whatever works wherever). "If you oppose us you are anti-national" "go to another country if this doesn't suit you" "annihilate the opposition and the ones that do not fall in line". You can see the pattern if you want to. 

However, it is to safeguard against such planned and wilful misuse of powers, that the constitution has set up mechanisms and institutions which act as guardians of the very fabric of democracy.
Institutions such as the Election Commission, the Judiciary, the CBI, the Police, the Information Commission and others. Some of them have been set up by governments by acts of legislation. 

I agree, institutions, process and systems have not been the best selling products of the India brand, but they have been there, and more often than not , their doggedness, sticky-ness, cumbersome-ness and the sheer number of them, have been written and discussed about in abundance. I for one, belong to a bunch called consultants who talk and even earn out of the poor state of governance, systems and processes. But, we have also had traditions and patches of excellence in all such institutions. 

Election Commission under TN Sheshan had teeth and used to bite when required; the judiciary had the righteousness and courage to call the election of a member of Parliament, none other than Prime Minister of the country - a certain Indira Gandhi illegal; the CBI has often successfully convicted and put the seemingly insurmountable and all-resourceful behind bars; the simple RTI query gave the common powerless man a right to ask a pertinent question and expect an answer from a high and mighty officer.

A strong and large democracy needs strong and well functioning institutions. Institutions that are independent, unbiased and can outlive a particular exceptional leader. Institutions that have values (yes they do), visions and missions that guide them; processes that are so well-defined that they do not lend to arbitrary misuse and yet allow flexibility and agility; where leadership and accountability is distributed; systems that are stable and yet respond and change with needs of time. Idealistic? Well, democracy is idealistic. 

Ideals are what we must strive for and hence they are enshrined upon the preamble of our constitution. No matter, where we are on the continuum, our trajectory is determined - excellence, ideals and fundamental principles. In a large, diverse and growing democracy there will be violations, excesses and mistakes but there must be processes and institutions to spot such deviations, call them out and have a recourse for correction. These actions must be definitive, time taken must be adequate and yet not delayed, the actors incorruptible and protected from influence. These institutions are hence the watch-dogs, the robin-hoods, the justice-makers, the equalisers and in some cases the healers. 

Unfortunately, this the government and the resourceful also know. Hence, the moment they get an opportunity they systematically try to reduce the institutions to  puppets in their hands and use them to rather their advantage. The CBI, the enforcement directorate, the election commission and police are prime and straightforward examples of that. This must be prevented and yes this must start by people who are at the helm of affairs at such institutions. As was famously determined at the Nuremberg trials (and I was enlightened by an article by Prof. Prabhat Patnaik recently), the plea of 'simply following orders' doesn't work. Every individual can and does operate from his/her own agency of willpower and judgement and that must be the cornerstone of that individual's actions. I will leave this article at that thought. 

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