Lawless Bihar-Democracy at all costs?
16 Oct, 2001 · 614
Sonika Gupta makes an argument for imposing President’s rule in Bihar
According to a recent newsreport, the
Bihar
chapter of the Indian Medical Association is seeking legal opinion on whether they can discontinue paying income tax as they have to pay hefty sums to the mafia following a spate of kidnappings of doctors. The Association was also considering an appeal to the Union Finance Minister to allow the doctors to keep upto Rs 70 lakhs (US$ 160,000) in cash at home, as they might have to pay ransom at short notice. The report also mentions that in a recent case of abduction, the police negotiated between the kidnappers and the family of the victim. Asking for an income tax exemption is tantamount to recognising the inability of the state to maintain law and order.
Bihar
is recognised by all political parties but they are not willing to do anything about it. Lumpen elements are part of the electoral scene where extensive police and paramilitary presence is essential to ensure “free and fair” elections. Intimidation of voters and candidates, booth capturing, rigging and false voting are part of the “democratic process”. A number of charge-sheeted individuals are elected to the Assembly and jailbirds, taking advantage of the letter of the law, stand for elections and win. These MLAs are formally in jail but have access to communication and entertainment facilities on medical grounds. Just like other MLAs, they hold durbars for people from their constituencies, but in their jails. When they go out to “visit” their constituencies or discharge their “political duties”, they are accompanied by a posse of policemen; the police are seen as status symbols rather than a reminder of their criminal status.
India
, qualifies to contest elections and become Chief Minister. This completely subverts the principle of public accountability of elected representatives in legislatures; that is, if the legislature is allowed to function at all. According to media reports, in its last session, the Bihar Assembly met for a total of three days with no work being done.
Bihar
have lost all faith in any party being committed to breaking the mafia-politicians-police nexus; hence the farce of a “democratically” elected government only makes a mockery of the spirit of democracy. Worse, police firing on a demonstration protesting against the nexus between the mafia and the state machinery killed eight persons.
Union
to protect every state against external aggression and internal disturbance and to ensure that the government of every state is carried on in accordance with the provisions of this Constitution.” It then becomes the constitutional responsibility of the Union Government to ensure that the people of
Bihar
are delivered from the excesses committed by their elected representatives.
Bihar
a beginning can be made by cleansing all political parties of criminals and people with dubious records. Secondly, the state administration must break links with the mafia. Finally, the mafia must be identified, investigated and brought to justice. None of this is possible under the present political dispensation in the state.
Bihar
. It could be argued that a dangerous precedent is being set by imposing President’s rule despite the availability of a democratically elected government. However, elected representatives failing in their duty and joining hands with the mafia is an equally dangerous precedent. The way out might be a referendum where the people can express their views about this move.
The criminalisation of politics in
Implicating the Rashtriya Janata Dal (RJD) chief and former Chief Minister Laloo Prasad Yadav in a fodder scam and his subsequent removal as Chief Minister should have signalled the beginning of a cleanup operation in the state. Still, Laloo continues to weild power as the proxy Chief Minister after his wife Rabri Devi took over the mantle of leadership from him. Sadly, this is in consonance with democratic practices as Rabri, being a citizen of
The political opponents of RJD have reacted sharply to the deteriorating law and order situation; not because of a genuine commitment to improve law and order in the state but only to pull the RJD down. The people in
The Union Home Ministry conducted a fact finding mission that indicts the Bihar Government’s failure to deal with the law and order situation and recommended that a directive under Article 355 be issued to the state ordering it to conduct itself in accordance with the Constitution and the rule of law. Article 355 states, “It shall be the duty of the
For safeguarding the democratic institutions in
The Centre should ensure that democratic institutions are upheld by imposing President’s rule in
As suggested by the National Commission set up to review the working of the Constitution, the Union Government must enact a Lok Pal Bill in addition to the Central Vigilance Commission Act to strengthen the criminal justice system. Only if the costs of corruption and crime outweigh their benefits can there be progress in breaking the nexus between the politicians, mafia, police and bureaucrats.
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