IT’S THE INFLUENTIAL THAT GET GOOD GOVERNANCE A persons pahunch or the ability to influence different Government offices, which determines his poonchh, or the requests he gets for individual favours, are the new currencies of Indian politics While addressing the 45th Conference of Governors at Rashtrapati Bhavan in New Delhi on February 13, the President of India asked the 26 Governors and three Lieutenant Governors who were in attendance to ensure that State Governments act according to the Constitution while safeguarding the interests of their State and the nation’s pluralistic character. The President said the role of the Governors is that of a bridge between the Centre and the States. The Governors have to ensure that State Governments act according to the “Constitution while safeguarding the interests of the State. This is the unique responsibility of a Governor as he represents the Centre in the State and the State at the Centre.” Except when there is President’s Rule in the State or when the State Government has been dismissed and its work cannot be carried out in accordance within the Constitution, the Governor has a limited role. There is a clear demarcation of subjects between the Centre and the States. The main responsibility for the redressal of peoples grievances lies with the State Government. Of course, all laws, which need to be applied to the entire country, are passed by the Union Government. The truth is that most Governors are appointed on the basis on their dedication to the party in power, irrespective of which party that maybe. In fact, there have been instances wherein the conduct of the Governors has not met the approval of the courts. We have seen this in the case of Jharkhand, Bihar and Goa. Unfortunately, often a Governor’s position is often a reward for past services, both legal and illegal, much like membership to various commissions and committees that are handed to pliant bureaucrats or party workers. Indeed, it is the sycophancy, not performance, which is the determining factor. The people are aware of the laws and rules. But nominal penalties for infractions are inexpensive and less bothersome. So the result is that, except for pious resolutions, inane statements, vociferous demands and ‘regrettable’ incidents, there is no rising above narrow political considerations. In the process, the Governor’s high office reduced to a sham — despite the efforts of a handful who conduct themselves creditably. In any case, a Governor is only a ceremonial cog in the machine of governance. The trouble here is that the Government treats performers and non-performers equally. Transacting with the Government is an expensive affair. Even when all that one is seeking is a poverty benefit, upfront costs are involved, deterring the poorest. An expanding list of benefits, protections and opportunities has been offered by successive Governments. But getting any of these is hardly easy and rarely costless. Our bureaucracies follow complex procedures that seem arbitrary. Delays are routine. Government officials sometimes humiliate those who seem to belong to the marginalised sections of society. A whole army of middle men has come up to help ordinary Indians get what, by law or public policy, should be their right. Every village and urban slum has such people whose business it is to deal with diverse Government agencies, such as banks and insurance companies for instance, on behalf of their clients. A journalist-friend once mentioned pahunch and poonchh are the currency of politics. Pahunch (reach) is about how widely an individual can influence different Government offices. This gives rise to poonchh (request) which is the number of people who regularly request this individual for favours. Politicians mostly build their careers by developing larger stocks of pahunch and poonchh. Besides it is public knowledge that there is no punishment for non-performing officers or those who are corrupt or cause delay in Government work. The Government never implements the policy of perform or perish. The classic example is the Government’s delay in deciding on the mercy petition of Rajiv Gandhi’s killers. The former Prime Minister was assassinated by Tamil suicide bombers while campaigning in Tamil Nadu in May 1991. The three men — Santhan, Murugan, Perarivalan — were members of the Sri Lankan ethnic Tamil separatist group, the Liberation Tigers of Tamil Eelam. They killed Rajiv Gandhi in retaliation after he sent Indian peacekeepers to Sri Lanka in 1987. The three were convicted and sentenced to death by hanging. A fourth person, a woman, was also given the death sentence but it was later commuted to a life term. The men appealed for mercy but successive Presidents gave no decision until 2011 when their plea was rejected. Now, the apex court has reduced their death sentence to life imprisonment. It has rejected the Union Government’s argument that the convicts did not suffer any torture or mental trauma while awaiting execution of their death sentence. “Exorbitant delay… renders the process of execution of death sentence arbitrary, whimsical and capricious and, therefore, inexcusable. Furthermore, such imprisonment…is beyond the sentence accorded by the courts and to that extent extra-legal and excessive”. The Chief Justice also said that “delay in implementing the death sentence, violated a fair process…” He added, “Delay violates the requirements of a fair and reasonable procedure. Regardless and independent of the suffering, it causes, the process of execution of the death sentence, unfair, unreasonable, arbitrary and thereby violates the procedural and due process guaranteed under Article 21 of the Constitution and de-humanising effect is presumed in such cases... Incarceration, in addition to the reasonable time, necessary for adjudication to mercy petitions and preparation of execution, flouts the due process guaranteed to the convict under Article 21which inheres in every prisoner till his last breath”. As soon as the Supreme Court gave its order, the Tamil Nadu Government hurried to release the accused now that their death sentence had been commuted to life imprisonment. However, the apex court has stayed their release and another hearing on the matter is scheduled on March 6. Reportedly, there are about 500 people currently on death row all over the country. One can only hope that the severe indictment of the apex court will shake the Government out of its slumber.
Posted on: Sat, 22 Mar 2014 08:21:48 +0000
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