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Establishing Conventions

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The declaration by Misa Bharti, daughter of Lalu Yadav and RJD Lok Sabha candidate, that present Prime Minister Modi and his colleagues would be thrown into jail when the INDI Alliance comes to power, ironically exposes the hypocrisy behind the opposition’s demand that government agencies should function autonomously. If these agencies are open to manipulation by ruling parties, it can only be possible if the possibilities have existed from when they were established.

In this context, Defence Minister Rajnath Singh has recalled how, during the Emergency, he was in jail and was not allowed out on parole to meet his ailing mother or attend her funeral. So, if there are shortcomings in the system allowing misuse of the laws, the general public is obviously the most affected. Why should there be an outcry only when politicians are on the receiving end? All such cases are subject to judicial review and regulation. Are those facing cases and imprisonment not being able to avail themselves relief available under the law? During the emergency, normal laws were under suspension because of the government’s decree, but is that the case at the present? The judiciary at that time could not or did not do what was expected of it. If anything, in present times, it is accused of functioning as though it is a law unto itself. Can the system work if all agencies, even those answerable to the executive, are provided such autonomy? Much will depend on the person running each department – the entire system would collapse if the required professional approach is found wanting.

There has to be balance between the elected leaders and the bureaucracy. This requires not just regularly updated regulations but also well-established conventions. These have to be passed down from each generation of politicians and bureaucrats, and also down the ladder of the hierarchy. This requires regular interaction between officials with impeccable records and those still finding their way – even if it is over a drink at the club. The same applies to politicians – the numerous reports of ministers and other public representatives misbehaving with or targeting officials indicate that much is lacking in the prevalent culture. Also, every retired official and politician should try and put on record their experiences by authoring books and articles so that mistakes are not repeated and successful behaviour is replicated. This trend has always existed but needs to be intensified so that allegations made against constitutional authorities, even such as the CEC, do not find credibility in people’s minds.