In the run-up to the general elections, the polity is being asinine in degrading our institutions and in an inexplicably lax attitude towards crooks by both the enforcement agencies and also the judiciary.
This spells danger for the future of democracy in India, unless it is urgently remedied. India is proud of the working of its democracy, and the smooth succession of power for over seven decades. That, though, is the consequence of each leg of democracy working according to delineated lines of function and respecting other legs. The productivity of the Rajya Sabha in the winter session was only 56 per cent (it was 91 per cent for the Lok Sabha). Even in the Lok Sabha, the members passed 218 amendments, in 30 minutes, without debate.
The judiciary is being denigrated, both internally and by external agencies, including political parties. One of the Supreme Court judges questions whether there is a need for a judiciary! He does this publicly, not within the chambers of his fellow judges, as he ought to, if he felt so. The Opposition parties are seeking an impeachment of the Chief Justice, threatening, if not passed by Parliament, to approach the Supreme Court, and banking on the CJ recusing himself!
This denigration of an institution is an extremely dangerous trend which has to be arrested. All institutions of democracy, including the judiciary, the RBI, the Election Commission and the free press must be respected. A move to gag the media was, thankfully, stopped by the Prime Minister.
There are so many incidents of crooks being allowed to steal money either from banks or from the public, and of the investigative agencies being compromised to do nothing about it. The EOW Maharashtra is yet to file a chargesheet in the NSEL scam which broke five years ago on the grounds that the forensic auditors appointed by it have not completed their task for three years.
Section 409 of the Indian Penal Code has been applied to Nirav Modi but not to other scamsters such as Rose Valley, NSEL or Sahara. Why this distinction? Is it because the former stole from a government bank and the others from the public? So, does the government have different yardsticks for its own money and for people’s money? Under this Section, anyone entrusted with money can be imprisoned up to life.
The Maharashtra CM has promised to amend a law (MPID) that would facilitates the seizure of assets of scamsters and distribute the funds to the victims. One hopes this happens and is followed by other States (West Bengal for Rose Valley).
Economic headwinds are unfavourable. Crude oil is at $70, raising prices of petrol/diesel and increasing transport cost/inflation. US and China are in a trade war, which will be disruptive. Job growth in sectors such as BPO is low. In such a situation, we must nurture our institutions of democracy and denigrate those who break laws.
Sadly, we are doing the reverse!
(The writer is India Head — Finance Asia/Haymarket. The views are personal.)