Parliament Logjam – Fall of Democracy!

The Parliament logjam is real due to vicious grandstanding by both the ruling and opposition parties. If the logjam is not resolved amicably by political rivals, all of them are responsible and accountable for the eventual “Fall of Democracy”.

The sequence is simple. First, in the aftermath of Hindenburg Research report released on 24 January accusing the Adani group’s “brazen stock manipulation and accounting fraud scheme over the course of decades”, the Congress Party cadres conducted sustained protests on the streets demanding the Joint Parliamentary Committee (JPC) to investigate into the alleged Adani Scam irregularities in the first part of the Budget session.

RG on returning from Bharat Jodo Yatra In February, in a 53 minutes speech voiced concern about two issues: the Adani’s growth after 2014 due to collusion with Modi government, and its stake in aviation, shipping and defence sectors before voicing concern about investments by public-sector entities like the Life Insurance Corporation of India (LIC) in the group; and Agnipath scheme.

Subsequently, RG went to the U.K. and delivered an address to its Members of Parliament about the “Fall of Democracy” in India. Thereby, RG offered a political opportunity to counter RGs democratic and nationalist credentials.

Now, the BJP is demanding an apology from Rahul Gandhi following remarks in the U.K. on the “Fall of Democracy”. And, they are invoking rule positions to ‘suspend RG from Lok Sabha membership”.

In retrospect, the vicious politics of grandstanding by all political parties to advance and consolidate vote banks is real. An early breakthrough to resolve the impasse is, therefore, unlikely.

Let me briefly highlight the three options to investigate the Adani controversy to include: Securities and Exchange Board of India (SEBI) inquiry; the Supreme Court Monitored Investigation; and the JPC investigation.

One, the SEBI is the regulatory authority that is responsible to exercise control over market-related issues. Its critics highlight that SEBI was in slumber and failed to monitor and exercise its regulatory authority. Hence, they rightly dismiss such a proposition.

Two, the opposition political parties are divided over the issue of the JPC. CPI (M), CPI and TMC have demanded a Supreme Court monitored investigation on the floor of Parliament. They believe that it will be far more effective than a JPC.

Let me highlight that JPCs are constituted on special issues by the Parliament to investigate serious issues which have greatly agitated the public mind and which involve frauds or corruption on a large scale.

Based on the outcome of past JPCs, its critics drubbed them as exercises in futility to brush the real issues under the carpet. They point out two reasons. One, the chairperson of the JPC is decided by the Speaker of Lok Sabha and the chairperson of Rajya Sabha, in consultation with each other as may be necessary. So, the Chairperson would be a BJP MP. And, its members are subsequently nominated by each party according to the party's strength. This makes these committees skewed towards the ruling majority because of their numbers in the Houses.

Most importantly, in almost every JPC there is no consensus on the final report. Whenever important amendments are proposed by an opposition MP, the amendments are defeated in the committee by a show of hands. Those in the opposition, holding an alternate view, are outvoted. The only recourse left is to table a dissenting note - for the record.

The review the outcomes of past Nine JPCs exposes the futility of the nine JPCs: 1) Bofors Contract (1987); 2) Harshad Mehta Securities and Banking transactions (1992); 3) Ketan Parekh share market scam (2001); 4) Soft Drinks Pesticide issues (2003); 5) 2G spectrum case (2011); 6) VVIP Chopper scam (2013); 7) Land Acquisition (2015); 8) NRC (2016);and 9) Personal Data Protection Bill (2019).

What are their outcomes? In August 1987, the first JPC was formed 1987 to investigate the Bofors scandal. The JPC held 50 sittings and gave its report on April 26, 1988. Opposition parties boycotted the committee on the ground that it was packed with Congress members. The JPC report was tabled in the Parliament, but it was rejected by the Opposition.

Next, when the Harshad Mehta scam (1992) surfaced, a JPC was set up to inquire into allegations that Mehta diverted funds to Maruti Udyog Limited and provoked a major fall in the Sensex. However, the recommendations were neither accepted nor implemented.

In the case of Ketan Parekh share market scam, the sweeping changes in stock market regulations after over 110 sittings recommended were diluted later. Also, in the case of Soft Drinks Pesticide issues, the JPC commendation to appoint an eminent scientist to head the Bureau of Indian Standards even after 16 years has not been implemented.

The JPC recommendations in the 2G spectrum case (2011) remain in limbo. Similarly, the VVIP Chopper scam and NRC.

Finally, the case of the Personal Data Protection Bill 2019 (PDP Bill 2019) was tabled in the Indian Parliament by the Ministry of Electronics and Information Technology (MeitY) on 11 December 2019. The JPC, which was let up in December, 2019, is headed by BJP Member of Parliament (MP) Meenakshi Lekhi. While the JPC was tasked with a short deadline to finalize the draft law before the Budget Session of 2020, it has sought more time to study the Bill and consult stakeholders.

Apart from the above scams, the CWG scam, the Adharsh Housing Scam, the PNB scam involving Nirav Modi, Mehul Choksi and others, and Vijay Mallya also made ‘media headlines’ and stirred controversies.

All elected MPs alike fully understand and realize the JPCs are only time –tested ploys to brush the real issues under the “Carpet.” Had they been properly investigated and defaulters sent behind bars, the present messy and irreconcilable situation may not have arisen.

Thus, the Supreme Court-monitored probe is a worthy option. Even the initial rallying cry of the opposition parties like the TMC and the left parties demanded a time-bound Supreme Court-monitored investigation. On March 2, the Supreme Court gave its judgment. But, there are critics for such a directive as corporate lawyers have deep connections to the business community, their recommendations may not favor the investors.

When viewed from the past results of the JPCs in-dispassionately, the hue and cry in both houses of the Parliament and “hullabaloo or the ruckus on the streets” is nothing but grandstanding by the opposition parties to score brownie points to impress gullible people of India.

In sum, all political parties are hell bent upon practicing/perpetuating vicious politics to denigrate each other in the minds and hearts of “We the People” and laying claims to “holier than thou” status to advance their poll prospects. And, they are least interested in discussing and debating the key issues of allocations in the Budget for various Ministries/departments.

However, if the vicious theatrics in the Parliament persists, the Budget will be passed somehow before 31 March 2023 and the Parliament adjourned sine die and the game of politics played out in the forthcoming elections in Karnataka – No Holds Barred and cut-throat campaigning.

Viewed holistically, elected representatives of various political parties are responsible and accountable for the “Fall of Democracy” in modern India in posterity. More aptly, “Democracy Doomed” in posterity.

Only “We the People” – voter’s – can save democracy by dumping anti-nationals, criminals, and dynasties into the dustbin of history.