Undermining Institutions

08 Jul, 2002    ·   785

Sonika Gupta argues that undermining of democratic institutions lead India towards an elected mobocracy


Two incidents in the recent past highlight the erosion of institutions of democratic governance in India . First, the appointment of KPS Gill as Security Advisor to the Gujarat Government and, second, the large-scale misuse of state machinery during the wedding of Bihar Chief Minister Rabri Devi’s daughter. In both, the conduct of the police as the guardians of the state has come under scrutiny. While in Gujarat KPS Gill was called in to remedy the non-performance of the state police; in Bihar , police involvement in the large-scale forced “borrowing” of private vehicles for a wedding raises questions of accountability.

 

 

Gujarat has seen communal violence on an unprecedented scale. Even after some three months of the Godhra train incident, the situation is far from normal. Under pressure from various groups and adverse media attention, the Union Government was forced to act and stop the riots, and restore the confidence of the minorities in Gujarat . This was done by appointing retired super-cop KPS Gill as security advisor to the Modi Government, projected by the Union Government as an ideal solution.

 

 

But this action, though rich in symbolism, was low in credibility, and has set a wrong precedent. It absolves the Gujarat police of its duty to maintain law and order in the state in the face of communal tension.  By calling in a retired police officer from another state, the Union and Gujarat Governments have made two statements. First, the state police machinery is not accountable for its inaction during the riots and, secondly, it should not be expected of them to maintain neutrality during communal riots. 

 

 

The state is expected to play mediator between opposing groups but in this case, the government withdrew from that role. A better course of action would have been lodging cases against the accused police personnel for dereliction of duty and following this up with speedy trials. Imposing President’s rule under articles 352, 356 or 365 of the Constitution was ruled out by the Union Government by arguing that the Gujarat Government was doing its best to bring the situation under control. This was a spurious argument as daily media reports pointed to increasing violence and failure of the state machinery to control the situation. Instead, the democratically elected government in Gujarat has done its best in the past few weeks to ensure that its vote bank remains intact. 

 

 

In Bihar , the situation is equally grim. Bihar has witnessed an erosion of people’s faith in the democratic processes and governance. The appropriation of the state machinery by politicians for personal gains has been stoically accepted by the people.  Hence, the high profile wedding of the state Chief Minister’s daughter was an occasion for local businesses to pay up, not merely to curry favor, but to ensure personal safety. The complicity of the state police in lifting vehicles from car dealers in Patna to ferry wedding guests is clear evidence of the criminalization of the state machinery in Bihar . Despite wide media coverage, the government responded with barefaced lies and denied all such charges. 

 

 

Many scholars have opined that the state itself has become a threat to human security. In Bihar and Gujarat this threat has emanated because the government here exists sans governance. Instead of arguing for a utopian retreat or withering away of the state, the immediate need is for strengthening existing institutions and making them accountable.

 

 

In Bihar , the politician-criminal-bureaucracy nexus needs to be broken. Political parties fielding electoral candidates with a criminal record should be penalized by the Election Commission. The Supreme Court’s decision on the need for declaring the antecedents of candidates is a step in this direction. However, the problems of social justice and unequal access to resources that breed the culture of lawlessness in Bihar cannot be solved without political support for reform and accountability in democratic processes. 

 

 

In Gujarat , greater accountability of the bureaucracy and the police is the need of the hour. If the complicity of the state machinery with the rioters is not questioned, it will undermine the democratic principle and legitimize majoritarianism.  If the situation cannot be remedied under the present dispensation, then it is the job of the Union Government to take corrective measures. The Opposition should also demand that the Centre discharge its duties in accordance with the Constitution. So far the conduct of the Opposition, as well as the NDA constituents, has only been guided by political expediency, especially in the case of Gujarat . Democracy is one of India ’s strengths, but if we ignore the misuse and criminalization of its institutions, and circumvent its inbuilt system of checks and balances, we might be moving into an era of elected mobocracy. 

 

 

 

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