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Vital institutions of Indian Republic distress
12/1/2015 8:51:58 PM
M.M.Khajooria

Apparently RSS "Karivahas" were grossly careless in drawing up the list of 'Parcharks' to be inducted into the Raj Bhavans across the country. If Sar Sangh Chalak Mohan Bhagwat was remiss in scrutinize the lists, PM Modi faulted by letting himself be bulldozed into getting the appointments through without any real and serious application of mind . As a result loose canons have come to be installed in some Raj Bhavans shooting off their mouths on controversial issues which were clearly out of bounds for the constitutional authorities.
Governor PB Acharya of Nagaland holding additional charge of Assam embarrassed himself and the President of the Republic whom he represented by declaring that "Hindustan is for Hindus". The preposterous statement was an assault on the letter and spirit of the Constitution he as sworn to uphold . This country undoubtedly belonged to all its citizens irrespective of caste creed or religion . In an attempt at clarification the next day he put both feet into his mouth "with a comment that Indian Muslims were free to go to Pakistan" The Hon'ble' Governor was further quoted as telling the media that " Hindus from different countries can stay here. They can not be outsiders." Who should enlighten the Hon'ble Governor that nationals of all other countries were "outsiders" whether they were Hindus Christians Jews or Muslims.?
Here was another pearl of wisdom. " if an European Christian is persecuted or an European Hindu...If he is persecute in Belgium . he can not come to India" decreed Governor Acharya . Hon'ble sir, please revisit your 8th standard book of History. You will find that this great country and the Indian nation had for centuries welcomed with open arms and hearts full of compassion all persecuted people whatever their religion. Example. Jews and Parsis . Only the other day, we welcomed BHAIS, followers of Bha-Ullah persecuted in Iran because of their religion beliefs. European Hindu will surely be no exception.
Undoubtedly there were men of wisdom, discretion and knowledge available in the ranks of RSS. It may be in the short term as well as long term interests of the Sangh to have a second look at the Governors appointed on their recommendation and replace the misfits with those footing the bill of the critical constitutional authority. This would also spare the Modi government the unpleasant and embarrassing task of offering explanations and excuses for indiscretions of such Governors every other day.
The Indian political class post-Nehru era stood condemned for undermining the independent character of Public institutions and constitutional authorities . Successive governments of India irrespective of which political party or combination of parties was in power were guilty of this crime. Like it or not, this was the harsh reality of the saga of the largest working democracy in the world . History stood witness to this tragedy.The Emergency of Ninety Eightees almost sounded the death knell of democracy itself. Fortunately, the democrat in Indira Gandhi finally prevailed . Defying immense pressure from Sanjay Gandhi and his coterie,she terminated the Emergency and called for fresh elections. The country and polity were back on the Democratic track.
The concept of committed judiciary and committed Public Services was perhaps the most pernicious and destructive of the very spirit of democracy and the Rule of Law. The successor Janta Party government of which BJP in its Jan Sangh avtar was a constituent reviewed the distortions and took remedial steps . Rest was taken care of by the Supreme court. It was worth mention that the Insertion of words " 'Secular 'and Socialist" in the Preamble to the Constitutions was , considered unexceptionable and this part of amendment left undisturbed.
Ironically , the political party which most vociferous campaigned against any tinkering with the independence of Judiciary when in opposition was now bent upon to commit the same sin through circuitous means of "controlling" the appointments to the higher judiciary. The people of India owe an enormous debt of gratitude to the Supreme Court for successfully resisting this politically motivated vicious move with a view ,to put it mildly dilute the independent character of the hallowed institution by acquiring the "veto power' in the selection of Judges of High courts and the supreme court. This may , however prove to be only the first round. The powers that be can be relied upon to devise other means and mount fresh initiatives to achieve their nefarious designs. Neither their intent nor their determination was a state secret. But all such efforts were bound to come to naught in view of the firm position taken by the Supreme court. Moreover, the aware and forewarned public opinion in the country was unanimous and fully determined to stand up for protection and preservation of the independence of judiciary.
Independent , permanent and impartial civil Services comprised one of the precious assets that we inherited from the departing British colonial power. Apart from the responsibility of running day to day administration , the 'steel frame' was meant to be the vital link between successive government and the crucial repository of principles and practices which endured while the political governments came and went . To enable the public servants to perform their duties without fear or favour strictly adhering to the Rule of Law and in accordance with rules and regulations appropriate safeguards were in built in the system.
The call for committed Services was clearly repugnant to the very principle on which the institution was founded and culture and morality that the services imbibed. But in the Emergency environment those driven by raw self- interest and endowed with feeble moral fibre broke ranks and began to dance on the tunes of the political masters. Oath to the constitution and ethics of service became irrelevant. Competent, self respecting and officers of integrity were side lined or 'shunted off' on deputation. The proximity to rulers, the ability to please and eagerness to bend rules to comply with the wishes of lords and masters opened up doors to power and privilege. The case of Jag Mohan Malhotra then Vice Chairman Delhi Development Authority who earned notoriety in Delhi as the hatchet-man of Sanjay Gandhi, an extra-constitutional authority for exercising extreme brutality in demolition of structures in and around the Turkman Gate area may be cited as an example. That he and his kind were well rewarded for such services was well known and a matter of record.
The post Emergency era brought no relief to the citizen and no encouragement for the honest and competent public servants. In fact, the malaise witnessed proliferation . Ironically, politician while in opposition criticised those in power for "misuse of government machinery( read manipulate Public Servants) resorted to the very same mal-practices with greater gusto when they come in power. In the States, appointments, transfers and promotions have become a highly profitable and thriving industry . Officials who had "purchased" plum assignments argued they were entitled to "Reimbursement" and more .The demons were thus let loose on a robbing spree. The common man exposed to loot and harassment saw no light beyond the dark tunnel. He had , it seemed come to reconcile with culture of corruption which was institutionalize with set operating procedures and fixed rates for various "services".
As it is there was no dearth of officers / officials of integrity, competence and courage who could be relied upon to tender advice strictly according to law, rules and regulation freely and fearlessly without fudging the facts. The solution lay in People electing representatives with clean image and principled moorings and more importantly hold them to account . May be, incorporation of "right to recall" in our electoral system help do the trick.
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