People's Democracy

 THE WEEK IN PARLIAMENT

Subhas Ray

ON August 6, both houses of parliament witnessed furore when the BJP and opposition members clashed over the Public Accounts Committee’s (PAC) report. As soon as the Central Vigilance Commission’s (CVC) report was laid on the table of Rajya Sabha, the opposition took up the issue, asking for the government’s explanation.

Next day, in Lok Sabha, an angry opposition mounted a scathing attack on the government, forcefully demanding privilege action against the defence minister for denying the PAC an access to the CVC report on Kargil arms purchases, and stalled the house. The day in the house began on an acrimonious note, with the opposition parties giving adjournment notices on the issue. They demanded suspension of the question hour and a discussion on the adjournment motions. Amid repeated interruptions by BJP members, the CPI(M)’s Somnath Chatterjee sharply criticised the government’s deliberately obstructive attitude to cripple our parliamentary democracy. He said an attempt had been made to cover up monumental corruption in defence deals, and demanded that the prime minister clarify the position. In the din, when some members trooped into the well of the house and raised slogans, the speaker adjourned the house for half an hour and again for 90 minutes. When the house met post-lunch, there was no let up in the commotion and the deputy speaker adjourned the house for the day.

ON CBI’S FUNCTIONING

On August 5, the opposition in Lok Sabha forced a discussion on the working of investigating agencies, particularly the Central Bureau of Investigation (CBI). During the discussion, Somnath Chatterjee said the CBI was formed as an aid to the criminal justice system that has been under great pressure and required proper support of investigation. No one can doubt the CBI’s position as the country’s prime investigating agency. They are the pillars of our parliamentary democracy. But the government is trying to decimate all the institutions, including the CBI, that have been built over years.

Chatterjee said the CBI’s consolidated chargesheet in Ayodhya case was challenged in the High Court. This is a very important point. Now, suddenly, another court is constituted in Rae Bareli by the present regime in UP. But the CBI has suddenly effected a volte face. It has forgot the main charge. It is very obvious that this government cannot permit the CBI to chargesheet L K Advani and others under section 120-B because then the government itself will fall. It misused the CBI that allegedly doctored the relevant video cassettes. It is for the prime minister and the deputy prime minister to find out what their conscience says on this issue. Their whole aim is to somehow create a situation where these guilty are exonerated. Sitting here as the people’s representatives, we have to judge whether the laws of the land have been abused, and whether the main ruling party has manipulated important organisations for the purpose.

Chatterjee then appealed to the NDA parties not to strike at the roots of our democracy for narrow political interests. The parliamentary institutions must function on the basis of faith and accountability, and must not be taken for a ride, he concluded.

THE STATES’ FINANCES

During the Rajya Sabha discussion on the states’ precarious finances and its long term implications for development activities, the CPI(M)’s Nilotpal Basu said there is need to have a re-look at the entire pattern of central grants and loans. The twelfth Finance Commission could be an appropriate forum to evolve a new paradigm of resource sharing, for addressing the developmental concerns of the country. Unless there is a greater transfer of revenue to the states, the latter would remain in real trouble. Even the transfer of 29.5 per cent of the revenue to the states actually means a reduction. During the entire ninth plan, it stood somewhere around 27 per cent. All the states are suffering from the fallout of the fifth Pay Commission. 

Then, there remains the question of debt. During the ninth plan period, West Bengal registered a growth of 7.1 per cent but its tax-SDP ratio is coming down. Despite the rapid acceleration in growth, the scope for the state to raise tax resources is limited as they are concentrated in the union government’s hands. That is how the states are saddled with huge deficits. We have to find a way out to liquidate the debt to a certain acceptable level, so that reform measures may generate more revenue.

West Bengal has special problems also. For example, here the entire river system is international, but there is no effort by the government of India to settle issues with the neighbouring countries. The state had to face severe floods in 2002, after which Rs 1,500 crore were spent. No compensation has been available from the government of India. Then there is the problem of migration. Due to heavy migration to West Bengal, the state has the highest density of population in India. All these are beyond the state government’s control. Along with special regions in the country, Bengal also needs special support from the centre. The centrally sponsored schemes must be transferred to the states, as was agreed in 1996 and reiterated in the 1997 NDC meeting. But nothing has been done. Why should such centrally sponsored schemes as fall under the state list, remain with the central government, Basu asked. He demanded transfer of these schemes along with the funds to states.

REPRESENTATION OF PEOPLE BILL

On August 7, Lok Sabha passed the Representation of People (Amendment) Bill 2003. This dangerous bill aims to do away with residential qualification --- that a candidate contesting for Rajya Sabha must be a resident of that particular state or union territory. The amendment also provides for open ballot.

In the debate, Somnath Chatterjee strongly opposed the bill and scathingly attacked the government. He said this atrocious attempt was made to dilute two very fundamental provisions of the constitution --- the secrecy of voting and the federal structure of the country. The object is very clear --- to enable some politicians to enter the upper house from a state to which they do not belong. The secrecy of voting is done away with because some corrupt MLAs fall prey to allurements. Some people in some parties feel they would be rejected by their own people and want to enter the parliament by hook or by crook. Such politicians have their own role in polluting the system.

Chatterjee then asked if anybody is so indispensable that our parliament cannot survive without him. He reminded that freedom fighters like Mahatma Gandhi and Jaiprakash Narain never hankered for any position. Turning to the treasury benches, he asked: did those freedom fighters not serve the country? The stated objective is to do away with money power. But why do you allow such persons to remain in your parties if you are not convinced about their honesty? You attract opportunists and the corrupt to your party, give them tickets, make them MLCs or Rajya Sabha members, and then allow them to merrily continue their corrupt dealings. Your parties collect money from them and give them nominations. Crooked moneybags thus purchase nominations from one or another party. Once they get nominated, they use money power to get elected. With such unscrupulous people, parties too have now become unscrupulous.

Chatterjee then said people would never accept this deliberate decimation of constitutional provisions to favour a handful of criminals who sneak into legislative bodies. He asked: when did the Election Commission recommend that anybody can be elected from anywhere in this country? The CPI(M) member warned that these provisions would strike at the very basis of our federal set-up. This is outrageous, a sacrilege to our constitution. That is why he said he was opposed to every sentence and every word of this bill. 

CORRUPTION & CVC BILL

On August 7, Rajya Sabha had a discussion on the Central Vigilance Commission Bill 2003. From the CPI(M) side, A Vijayaraghavan said India, according to the World Economic Survey, ranks 45th out of 49 countries, in terms of corruption and dishonesty of officials. In an international ranking for transparency in 1999, India’s position was 73rd among 99 countries. This lack of transparency provides an opportunity to public servants to extract bribes and mislead citizens who have to transact business with them. Sadly, now a corrupt face is no deterrence in this country. There are enormous delays in the conduct of cases in courts. Worse, the conviction rate is hardly six per cent. Corruption is eating into the very vitals of our democracy. It also increases poverty, subverts the financial system and undermines the legitimacy of the state. Thus corruption is anti-poor, anti-development, anti-growth and anti-investment. The cost of corruption to the nation is very high.

The CPI(M) member said the widespread perception is that corruption begins at the top. Yet there are so many limitations in the bill. One is related to the clause of single directive.Senior bureaucrats will have protection from investigation and prosecution. This itself will defeat the very purpose of the bill. This is one of the serious defects in the bill.

The member said this government is itself not transparent; it says something and does something else. In defence deals, we find that the CVC is ready to give details about its findings but the government refuses to give the CVC report to the PAC. So far as the CBI is concerned, there is interference from the government. He concluded by asking the government to ensure that there is no political pressure on this kind of institutions, and explain why there is in the bill such a lacuna as would protect the corrupt bureaucrats.

Functioning of the Rajya Sabha was paralysed on the last day of the week when a determined opposition insisted on knowing why the government had denied the CVC report to the PAC. The opposition raised the issue at the very outset, which led to noisy scenes. Within a few minutes, the chairman adjourned the house for the day.