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Team Anna Hazare should not try to impose its will either on Constitution or Parliament: Somnath Chatterjee

-The Economic Times

 

At the time of writing, efforts are on to find an amicable solution to the Jan Lokpal Bill agitation and let us hope that a satisfactory solution will be found to deal with the very serious malady of corruption. I appeal to Anna Hazare to break his fast as the nation can't take any risk with the condition of his health.

Corruption in high places is undoubtedly a matter of great concern for all. Recently, there have been allegations of corruption against some ministers and senior officials. I am not speaking for these people. But everybody seems to have assumed that they are guilty, even though legal proceedings have not been completed yet. Every responsible citizen knows that mere allegation of corruption is not the proof of guilt.

What is extremely disturbing is that a very important issue like corruption is being sought to be dealt with in a totally undemocratic and unconstitutional fashion. The Constitution does not provide for any extra-parliamentary method for the enactment of any law.

But now, Anna Hazare and his colleagues want to decide what the law should be and how the issue of corruption should be dealt with and that all political parties and all MPs should be bound by their decisions. In short, the elected representatives of around 120 crore people of this country are being asked by a group of representatives of civil society to follow what they want to be the law of the land. Parliament is being asked by this group to enact what it has put forth as a draft Bill! I don't find anything more undemocratic than this attitude in a country governed by a Constitution and the rule of law.

Even a date has been fixed by the self-elected 'activists' of civil society to pass a law, giving a go-by to the established parliamentary procedure and rules under which the matter is being considered by the standing committee as is the usual practice. Not just that - crowds are being asked to gherao the houses of MPs. Here is a clear case of coercion and open subversion of the very constitutional system of our country.

I am reminded of the kind of agitation followed by violence which we witnessed some years ago over the issue of the Mandal Commission report. Young people, mostly students, were instigated to hit the streets. Some even tried to kill themselves. Similar methods are being deployed now to challenge our parliamentary system and force enactment of laws de hors the Constitution.

It's naive to think that passing a new law to set up an authority will eradicate corruption from the country. It's agonising, however, to find that the good cause of fighting corruption is sought to be achieved by taking recourse to methods not sanctioned by our established constitutional procedure. This will only create more serious tensions in society.

We have a Prevention of Corruption Act. Has it prevented corruption? We also have the Indian Penal Code that prohibits all sorts of crimes like murder, robbery, rape, arson, etc. Have those offences been eliminated by this law? How can it be reasonably expected that any particular law or setting up some sort of national authority will totally eliminate all types of corruption in the country? So, a mere enactment of law is not sufficient unless the people as a whole shun corrupt methods in all respects, not just in official dealings.

The real aim is to target ministers and senior officials. I have no quarrel with the office of Prime Minister being included within the scope of the Lokpal Act. But has anybody really considered its implications? If the Lokpal wishes to go into any complaint against the PM, there will be clamour, rightly so, for his resignation on moral grounds even before the allegation is proved. And if the PM has to resign under pressure, then the government falls. To me, this is a recipe for political instability or frequent elections, for which thousands of crores of rupees will have to be spent. It's also the very antithesis of a procedure that can have the sanctity of law.

Again, how can you get a person who will decide all the cases in a manner acceptable to all without seeking a right to appeal against the ruling? What is that magic wand? Will the law provide it?

I have respect for many of the people who call themselves the representatives of civil society. Without being misunderstood, may I ask how do they declare themselves the representatives of civil society? Eminence alone cannot be the yardstick to represent the people. In fact, these people are trying to impose their wish as the will of the people on Parliament. I have serious doubts not only about their methods but also intentions, because we have Anna Hazare now saying the Prime Minister should quit if his draft Bill is not made the law.

I appeal to them to please remember that we are not living in a dictatorship so that people have to be mobilised on the streets to usher in democracy, as being done in the Arab world. I am reminded of the manner in which some people collected crowds on the streets in the run-up to the demolition of the Babri masjid and the damage it caused to our country's unity and secular fabric. I appeal to Anna Hazare, Shanti Bhushan, who is an old friend, Prashant, who is like a son to me, and other colleagues of theirs, not to rouse public sentiments to a level that can have serious repercussions and may go beyond control.

As the Prime Minister has taken the initiative, it's time to find an amicable solution in a spirit of cooperation from all the concerted parties. Let nothing be done that will destroy our Constitutional edifice.

(The author is Former Speaker of Lok Sabha).