Legislative Independence and Fasting

Indian Constitution envisages a specific body to check the laws present in the country. Be it amendment or enactment of a new law, it is not only a duty but also a right of the legislature to exercise its power independently without any intervening factor. But, there have always been certain factors which accost this mechanism, and very often make it more complicated than what it seems to be. A question which lies to the core of this issue is whether these factors should in any way affect the due process of enacting an act. Let us not confine our discussion only to the recent controversy related to Lokpal Bill, and let us take into account other incidents too. The main reason for enacting such a bill, according to people’s representatives, is to establish an authority which can investigate into the corruption charges against Central Government Employees and other High Officials. But, the original bill drafted by the government body or people’s representatives missed out certain points, which according to Civil Society members must be an integral part of the bill. It has been argued by various political leaders including Kapil Sibbal along with other UPA leaders that the office of Prime Minister and Chief Justice of India should not come under the ambit of Lokpal. One of the primary reasons given by those who support the exclusion of these offices from the Lokpal Bill is the importance which Prime Minister office possess and Chief Justice, so as to keep Indian Judiciary Independent. Judicial Independence is a much disputed issue, and has been debated for a long period. This view of Kapil Sibbal is backed by former Chief Justice of India, Justice J.S. Verma, who is in consensus with him for the exclusion of these two offices. Whether Civil Society members are correct on their stand is a different issue altogether. The most important point which has to be looked into while dealing with this issue is the inclusion of civil society members while enacting a law. There is a difference between a layman and a lawyer and it would not be wrong to say that a common Indian citizen would not be aware of the provisions for which he is supporting Hazare.

It would be very interesting to conduct a survey in order to know how many people, who are supporting Hazare along with other civil society members, are aware of the actual provisions present in Jan Lokpal Bill. How many them actually know what is present in the original draft of the Lokpal Bill prepared by the government, and is opposed by them. By including civil society members in the legislative process, civil society members are themselves violating the basic provisions of the Indian Constitution. Charismatic efforts made by Hazare and other civil society members may gather support from the public, but the mechanism which has been adopted by them seems irrational. Had it been done by a layman, it would have been understandable. But, this is not the case here. Their threat to the government in itself is threatening the independence of the legislature. An ideal legislative procedure doesn’t have any place for civil society members, and they are not obliged to do so. It would be very absurd to enact a provision based just on public pressure. There has been a rampant increase of these situations for last few years, and the very basis for which the legislature had been made is retrograding. A specific mechanism has to be followed before enacting a law, and pressure on legislature cannot be one of them. Jan Lok Bill was drafted by these civil society members without any public referendum at that point of time, but now this Jan Lokpal Bill has become the voice of India. Role of Media cannot be undermined in these situations, as it becomes the primary means to publicise an issue. And, media will also give preference to that news which readers and viewers would be interested in. If Jan Lokpal bill become an act, then it would very interesting to see the appointment of its member without any political influence. Lokpal under Lokpal Bill consist of 11 members and Prime Minister is one of them, which means that Prime Minister would be investigating charges against himself. No high office in a democracy can be constituted without interference of Executive, and if one wants to constitute such a body, it should be elected through voting which seems quite illogical. An independent wing other than Legislature, Executive and Judiciary should be formed if one wants Lokpal be free from any kind of influence. Again, it would need amendment to the basic structure of the Indian Constitution. These are some of the points which civil society members may have missed out while demanding such a bill which would have to undergo various hardships. Moreover, they missed out to look to take care of the structure of the Indian Constitution. There could have been a better way to work out this issue, and one of them could be to ask government to gather public opinion, which it is working on while dealing the issue of Electoral Reforms. A straightforward and parallel prove may prove out disastrous for the Indian Democracy.

Following Hazare’s fast, it was the turn of Baba Ram Dev to undergo fasting in order to get black money back, or unaccounted money kept in other countries, and to declare it as the property of the Nation. This noble cause of Bada Ram Dev had to face severe challenges when a lathi charge was ordered by the Centre to drive out the public present at the place where Baba Ramdev was fasting. May be government wanted to restrict these activities which hinder their working, but it turned out to be a setback for the government itself. Laws such as Prevention of Money Laundering Act, 2002 are already present in the country in order to check these activities, but these laws have not proved their worth as expected by Baba Ram Dev. He wants an immediate action against those who have stored their monetary property in foreign countries, and to declare them as a national property. Government has already assured him to take immediate steps in this regard, and government has even announced to declare them as “National Property”. Whether this methodology adopted by Bada Ramdev was correct or not has become a different issue. Children and Women, who do not know the meaning of corruption, were present at the camp where Baba was protesting. They were present there not because they were interested in politics, but because they had been following Baba to learn Yoga. It would be very interesting to notice that the support which he was able to get could not be possible to, if Baba Ramdev were a politician and not a Yoga Guru. And, this issue was hyped by the media which as it turned out to be an opportunity for them to attract viewers.

Another important fasting incident which can be found in the backwaters of Manipur, where Irom Chanu Sharmila has been fasting since 2000, in protest of certain civilians killed in a mishap which happened back in the year 2000, where civilians were killed while waiting at a bus stop. This issue could not get much media same as that of Hazare or Baba Ram Dev, because of which it has been unheard since the time she started her fast. She has been demanding repeal of Armed Forces Special Powers Act, 1958 which allows soldiers to indefinitely detain any Manipurian citizen on suspicion of being a rebel. This issue seems as importance as those issues which have been raised recently by Baba Ramdev and Hazare, but due to lack of public attention, it is still pending. Instead, this lady is arrested very often under Section 309 of Indian Penal for attempt to Suicide. These leaders who are currently painting their image could have taken this cause in front of the Indian government, but this remains a question as to why they failed to do so. Again, the question which becomes necessary to resolve is whether these parallel governments are correct or not. It challenges the structure of the Indian Constitution.

It would be interesting to see whether the demands which have been put forward by civil society members would be accepted by the Cabinet in near future, or this drama of fasting will be continued.