May 29, 2009 — drsubrotoroy
The Government of India’s 79 Ministers have taken to their offices like bees to honey yet the 15th Lok Sabha that the people of India elected a fortnight ago is still three days from being convened.
In other words, people have been taking oaths and entering offices as Ministers even before they have taken their oaths or their seats in the 15th Lok Sabha which accords the Government its political legitimacy by its confidence!
Let posterity recall that the 15th Lok Sabha was made to needlessly wait from May 16 2009 until June 1 2009 and despite this the Government formed itself and entered office during that time. It cannot be something that helps the psychology or morale of our elected representatives nor be something conducive to the smooth working of the House.
It is all a terrible constitutional muddle which I doubt the PM or his party or Government, or even the Opposition, will admit to or want to clear up on their own but shall probably have to await a Constitutional Bench of the Supreme Court of India telling them what parliamentary law is in due course.
May 29, 2009 — drsubrotoroy
Cabinet Government has become far too unwieldy and impractical in India, and the new Cabinet chosen by Sonia Gandhi and Manmohan Singh over almost a fortnight — of some 79 Ministers, almost certainly the largest number in the world — may be destined to be so as well. If there is going to be “fiscal prudence” as the PM and Finance Minister have declared, it really needs to start at the top with the Union Government itself. Remember we also have more than two dozen State Governments plus Union Territories and myriad local governments too.
Here then is an example of a better-designed Cabinet for the Government of India with Cabinet Ministers in bold-face, others not so:
– Parliamentary Affairs
– Intra-Government Liaison
Defence War/Forces ( Raksha, Yudh/Fauj)
– Navy & Coast Guard
– Air Force & Strategic Forces
– Money & Banking
– Accountant General
– Law & Justice
– Internal Security
– Disaster Management & Civil Defence
– Archaeology, Art & Culture
– Commerce & Tourism
– Overseas Indians
– International Organisations
– Roads & Highways
– Shipping & Waterways
– Civil Aviation
– Urban Development
Agriculture & Food
– Rural Development
– Water, Flood Control & Irrigation
– Forestry & Tribal Affairs
– Competition and Monopoly-Control
– Petroleum and Energy
– Chemicals & Fertilizers
– Coal and Mines
– Communications and IT
– Higher Education
– Vocational Education
– Science and Technology
Labour & Employment
Health and Human Services
– Women and Child Development
– Social Security
There are just eleven Cabinet Ministers (in bold-face above) including the PM, so, along with the Cabinet Secretary, they could sit with ease around a normal table which should help the process of deliberation.
This document has arisen out of one during my work as an adviser to Rajiv Gandhi in his last months in 1990-1991 though the latter never reached him; I had intended to talk to him about its contents but it was not to be.
It may be profitably read alongside my “Distribution of Government Expenditure in India”, which is part of my ongoing research and was released in the public interest last year.
Subroto Roy, Kolkata
May 28, 2009 — drsubrotoroy
A lawyer friend tells me she thinks it a “technicality” that there is no Lok Sabha or Parliament in India today despite eleven long days and nights having passed since the 15th Lok Sabha came to be elected by the people of India. “At least we did not get Advani and Modi to rule”, is how she sought to justify the current circumstance. I am afraid I think she has produced a non sequitur, and also forgotten the constitutional law she would have read as a student.
The best argument that I think the Government of India shall be able to give justifying their legal error in not having the 15th Lok Sabha up and running yet 11 days after India’s people have spoken would run something like this:
(1) The President of India invites a Council of Ministers led by a PM to form the government and has done so.
(2) The President must be satisfied that the PM commands a majority in the Lok Sabha, and the President has been satisfied by the 322 “letters of support” that the PM produced.
(3) The Government of the day calls parliamentary sessions and does so at its discretion, and the Government of the day headed by this PM has announced when it shall call the 15th Lok Sabha which will be in a few days yet.
Any such argument, I am afraid, would be specious because it simply puts the cart before the horse.
Parliament is sovereign in India, to repeat what I have said several times before.
Parliament is sovereign in India — not even the President who is the symbol of that sovereignty. We do not follow the British quite exactly in this because we are a republic and not a monarchy. In Britain sovereignty rests with “The King in Parliament”. With us, Parliament is sovereign and the President is the symbol of that sovereignty. In all matters of state, our President must act in a manner that Parliament and parliamentary law says.
Parliament is sovereign in India — not the Executive Government, certainly not its largest political party or its leader.
Parliament is sovereign in India because the people of India have chosen it to be so within the Constitution of India.
Parliament is sovereign in India and the people of India have elected the 15th Lok Sabha which has still not been allowed to meet eleven days later.
To the contrary, as noted days ago, the purported “Cabinet” of the 14th Lok Sabha, a dead institution, met on May 18 2009, some 48 hours after the 15th Lok Sabha had already been declared! The 14th Lok Sabha in fact stood automatically dissolved in law when General Elections came to be announced.
Is all this merely a “technicality” as my friend believes? I think not.
Executive Government in India derives its political legitimacy from being elected by Parliament, i.e., from holding the confidence of Parliament, and that means the Lok Sabha.
The Government of the day might for sake of convenience have a prerogative of calling sessions of the 15th Lok Sabha once it has been constituted but the Government of the day cannot logically constitute a Lok Sabha after a General Election because it itself receives legitimacy from such a Lok Sabha.
If the 15th Lok Sabha has not met, confidence in any Executive has yet to be recorded, and hence any such Government has yet to receive legitimacy.
Do “322 letters of support” suffice? Hardly. They are signed after all by persons who have yet to take their seats in the Lok Sabha! (Let us leave aside the fact that the PM, not being a member of the Lok Sabha, is in this case unable to be one of those 322 himself!)
Yet we have 79 “Ministers” of this new “Government” holding press-conferences and giving out free-bees and favours etc already. As I have said before, Ambedkar, Nehru and others of their generation, plus Indira and Rajiv too, would all have been appalled.
Because the incompetence of the fascists and communists in the Opposition may continue to be expected, it will be up to ordinary citizens and voters of India to point out such simple truths whenever the Emperor is found to be naked. (Our docile juvenile ingratiating media may well remain mostly hopeless.)
May 27, 2009 — drsubrotoroy
There are at least three Supreme Court lawyers, all highly voluble, among the higher echelons of Congress Party politicians; it is surprising that not one of them has been able to get the top Party leadership of Sonia Gandhi and Manmohan Singh to see the apparent breach of normal constitutional law in Parliament not having met more than 10 days after it was elected.
A Government has been formed, Ministers have entered their offices and have been holding press-conferences and taking executive decisions, wannabe-Ministers continue to be wrangling night-and-day for the plums of office — BUT THERE IS NO PARLIAMENT!
Today is the death-anniversary of Jawaharlal Nehru and last week was the death anniversary of Rajiv Gandhi.
Nehru, whatever his faults and infirmities, was an outstanding parliamentarian and a believer in the Westminster model in particular. He was intimately familiar with its unpoken customs and unwritten laws. He would have been completely appalled by the situation today where luminaries of the party that goes by the same name as the one he had led are paying obeisance to his memory 45 years after his death but have failed to see the absurdity in having a Government in office with no new Parliament ten days after a month-long General Election was over! (Incidentally, had he not left explicit instructions against any hero-worship taking place of himself too?)
Rajiv knew his grandfather and had acquired a sense of noblesse oblige from him. He too would have been appalled that the procedural business of government had been simply procrastinated over like this.
It surprises me that Dr Manmohan Singh, having been a post-graduate of Cambridge, having earned a doctorate from Oxford, and more recently having been awarded honorary doctorates from both Ancient Universities, should seem so unaware of the elements of the Westminster model of constitutional jurisprudence which guides our polity too.
It is too late now and the mistakes have been made. I hope his new Government will come to realise at some point and then keep in mind that our Executive receives political legitimacy from Parliament, not vice versa. An Executive can hardly be legitimately in office until the Parliament that is supposed to elect it has been sworn in.
As for our putative Opposition in the Parliament-yet-to-meet, it seems to have drawn a blank too, and eo ipso revealed its own constitutional backwardness and lethargy.
May 25, 2009 — drsubrotoroy
Sad to say, Parliament’s sovereignty has been diminished, indeed usurped, by the new Executive Government.
Here is a brief record for future generations to know.
India’s people completed their voting in the 15th General Elections on Wednesday May 13 2009.
The results of how they had spoken, what was their will, were known and declared by Saturday May 16 2009.
There was no legal or logical reason why the 543 members of the 15th Lok Sabha could not have been sworn in as new MPs by the close-of-business on Monday May 18 at the latest.
On Tuesday May 19 the 15th Lok Sabha could have and should have met to elect itself a pro tem or even a permanent Speaker.
The Speaker would have divided the new House into its Government Party and its Opposition.
There would have been a vote of confidence on the floor of the House, which in the circumstances would have been in favour of the Government Party.
Observing this to have taken place, the Hon’ble President of India as the Head of State would have sent for the leader of the Government Party and invited her to form the new Government.
In this particular case, the leader of the largest political party, namely Sonia Gandhi, would have been accompanied perhaps by the Leader of the Lok Sabha, Pranab Mukherjee, as well as her personal nominee for the position of PM, namely, Manmohan Singh.
Sonia Gandhi would have respectfully declined the invitation of the President to be the new Prime Minister, and she would have also explained that she wanted Manmohan Singh to have the position instead.
The President would have said “Very well, Dr Singh, can you please form the Government?”
He would have said, “Yes Madame President it shall be a privilege and an honour to do so”.
The President would have added, “Thank you, and I notice you are not a member of the Lok Sabha at the moment but I am sure you are taking steps towards becoming one.”
End of visit.
Manmohan Singh would have been sworn in as PM and would have gone about adding Ministers at a measured pace. Later, he would have resigned his Rajya Sabha seat and sought election to the Lok Sabha on the parliamentary precedent set by Alec Douglas-Home.
What has happened instead?
On May 18 2009, instead of 543 members of the 15th Lok Sabha taking their oaths as required by parliamentary law and custom, Dr Singh held a purported “Cabinet” meeting of the 14th Lok Sabha — a long-since dead institution!
Some of the persons attending this meeting as purported “Cabinet ministers” had even lost their seats in the elections decided a few days earlier and so had absolutely zero democratically legitimate status left. All these persons then submitted their purported resignations which Dr Singh carried to the President, stating his Government had resigned. The President then appointed him a caretaker PM and he, along with Sonia Gandhi, then went about “staking claim” to form the next Government — turning up at the President’s again with “letters of support” signed by some 322 persons who were MP-elects but were yet to become MPs formally by not having been sworn in.
The President appeared satisfied the party Sonia Gandhi and Manmohan Singh belonged to would command a majority in prospect in the Lok Sabha and invited him to be PM. Some major public wrangling then took place with at least one of his allies about cabinet berths — and that is the situation as of the present moment except that Dr Singh and several others have been sworn in as the Council of Ministers even though the new 15th Lok Sabha of 543 members has still not convened! It has been all rather sloppy and hardly uplifting.
Parliament is supposed to be sovereign in India.
Not the Executive Government or the largest political party or its leader.
The sovereignty of Parliament required Sonia Gandhi and Dr Singh to have realised
first, that the 14th Lok Sabha stood automatically dissolved when elections were announced;
secondly, that the 15th Lok Sabha could have and should have been sworn in by Monday May 18;
thirdly, that there should have been a vote of confidence in the Lok Sabha immediately which would have gone in favour of the Government Party;
fourthly, that only then should the Executive Government have been sought to be formed;
and of course fifthly, that if that Executive Government was to be led by someone who happened to be a member of the Rajya Sabha and not the Lok Sabha, parliamenary law and custom required him to follow the Douglas-Home precedent of resigning from the former and seeking election to the latter at the earliest opportunity.
Let future generations know that as of today, May 25, the 543 persons whom the people of India voted to constitute the 15th Lok Sabha still remain in limbo without having been sworn in though we already have an Executive Government appointed!
The sovereignty of Parliament, specifically that of the Lok Sabha, has come to be diminished, indeed usurped, by the Executive. It is the Executive that receives its political legitimacy from Parliament, not vice versa. Nehru and his generation knew all this intimately well and would have been appalled at where we in the present have been taking it.
May 23, 2009 — drsubrotoroy
The Hon’ble President of India has invited you to join the Council of Ministers and has invited you to Rashtrapati Bhavan to be sworn in by an oath she shall administer. You are awaiting your name to be called. Your name is called and what do you do? You stand up and do a namaste to the PM and then walk a bit to do another namaste to Sonia Gandhi sitting in the audience opposite the President, and then you move towards the microphone ignoring or turning your back on the President herself and then you suddenly remember where you are and realize it is the President who has invited you and shall be administering your oath so you turn around and do a small namaste to her smiling apologetically for having made her an afterthought, and then you go about taking your oath, and then you perhaps do another namaste or two to the President more deeply because you want to make up for having forgotten her last time and finally you feel so happy and pleased with yourself you do another big namaste to Sonia Gandhi in the audience and finally get back to your seat! Phew!
Such was how several of Dr Singh’s new and senior-most cabinet members behaved yesterday at their swearing-in. Dr Singh himself walked straight to the President and did a very gracious bow to her before taking his oath, though on the way back he may have started the ball rolling by doing an exceptionally glad namaste to Sonia Gandhi sitting in the audience. AK Antony was the first and the most senior on the list who most blatantly ignored the President herself initially and turned his back on her momentarily before correcting himself, though he did not fail to do an initial namaste to Shrimati Gandhi. By contrast, Sharad Pawar may have got the whole thing right by walking straight to the President and doing a proper namaste, followed by his oath fluently spoken in Hindi followed by a small acknowledgment of the audience as a whole before returning to his seat.
But in half a dozen cases it all seemed a little sloppy, and even though the President seemed game and sportsmanlike about it, a discourtesy was noticeable to her high office as Head of State which needs to be apologized for and corrected. After all, these were the senior-most ministers, what might lesser ministers do next week?
In fact, a strong case might exist for a rational review nationwide of all such practices and protocols in Delhi and the State capitals, some of which have become so ossified from ancient times that they look bizarre today. Why do we have to have such an elaborate ceremony at all for a mere swearing in, which gets repeated too in each of the states with the Governors and State Governments? Yes perhaps the Head of State did administer the oath to the PM back in 1947 but it is not really necessary for the Head of State to do so now – it could be, for example, the Chief Justice of India who does so, at least to the Prime Minister. The Prime Minister could then himself/herself administer the oath to everyone else in his/her Cabinet, while someone, even the Cabinet Secretary perhaps, could administer the oath to everyone else. The oath itself is what is important, not so much the status of the person administering it. There need not be any such elaborate ceremony at all in Rashtrapati Bhavan that risks the dignity of the President like this and spends everyone’s time.
(And did anyone else notice the private sector lobbyists and public sector fixers seated in the audience? Precisely what were they doing there? Is this just another New Delhi social occasion for people to put on a show of showing their presence?)
For that matter, why was the National Anthem apparently played twice not by any live or noticeable orchestra or band but as a rather grainy recording? It is all a bit depressing when it should have been uplifting. Imagine instead some splendid soprano or tenor leading the singing of the Anthem in that splendid Hall accompanied by a first-class band.
I have long thought we need a National Commission to review all such matters and much more.
It would need to start with the 15th August Red Fort speech by the PM. 15th August was a date chosen by Mountbatten and its auspiciousness was diminished by all the bloodshed that flowed with it. It has become quite unseemly in recent decades to hear our PMs read out party-slogans or government propaganda statements from behind a bullet-proof barrier there. If I was a perceptive school-child being compelled to wait for hours in front of the Red Fort on a hot and muggy August morning to hear such dreary stuff, I might be justifiably upset, and of course many schoolchildren faint every year from exhaustion at being forced to do such things across the country. My own recommendation would be that August 15 be renamed Martyrs’ Day and be a solemn holiday marked only by a long five-minute nationwide silence, say at noon, in memory of all those who have died for India to be what it is today.
Then there is 26 January, going all the way to the “Beating of the Retreat”. Why on earth do we feel a need in this modern age to have such a display in the capital city once a year? Marching bands and parades and floats and fireworks can be great fun for all citizens but they can be and should be spread year-round all across the country’s many cities and towns, and the occasion need not be made a pompous one only in Delhi once a year (with some pale imitations in the State capitals). Republic Day can be a happy holiday for everyone in January when the weather is splendid around the country, with fireworks and fun for everyone, not merely New Delhi’s already delusional Ruling Class.
Then there is the oh-so-common ceremony all over the country from Parliament downwards of standing before the portrait or statue of someone long dead and throwing flowers at it along with a namaste (or in the case of communists, a clenched-fist Black Panther salute). Have we so lost our secular ethos that we do not realize that, for example, a Muslim or Jewish believer might find throwing flowers and doing namaste to a portrait something awkward to do? Both Ariel Sharon and Pervez Musharraf seemed to feel awkward when we took them to the Mahatma Gandhi memorial and said right, now, this is what we expect you to do, throw flowers and walk around it in this manner… it is not enough for you as a visiting dignitary to merely place a bouquet… ! We need to chill out a bit about all this ritualism.
And so it goes. To their considerable credit, neither Nehru nor Indira or Rajiv stood on ceremony much, and the same seems to apply to Sonia Gandhi and her children. The time may be opportune for all such matters to be reviewed calmly and soberly by a National Commission– in the meantime, the PM needs to send a small apology to the President for any unintended discourtesy from his Council of Ministers that may have occurred yesterday or at least a promise that it will not get repeated.
Subroto Roy, Kolkata
Postscript: Then there is the matter of Presidents, Prime Ministers, Governors, Chief Ministers et al taking salutes from the uniformed armed forces or the paramilitary — if you are not yourself a commissioned officer or have never been one, do not respond to a salute from uniformed men and women by saluting or trying to salute them back yourself. What is required is instead to perhaps stand to attention when they salute you, and perhaps bow your head slightly to acknowledge their salute. Salutes are exchanged only within the uniformed services. We instead have civilian leaders seeming to greatly enjoying trying to return salutes themselves….