The Hindu Business Line : Playing hide-and-seek

THE hide-and-seek being played by the political class with the right of the people who are the ultimate masters to know everything there is to know about their servants in Parliament and State legislatures; and its refusal to pay due regard to the need for political parties, their candidates and their elected representatives, to be unreservedly accountable to the people by furnishing all the information they seek to satisfy themselves about their suitability to serve them has roused public anger and disgust. This has already had some perceptible effect. At a largely attended public meeting organised on August 4 by a number of voluntary organisations forming a Citizens' Action Network under the auspices of the Catalyst Trust, representatives of seven political parties who were present showed signs of a climb down.

The Janata Party, Congress Jananayaka Peravai and the Nationalist Congress Party gave total and unconditional support to the implementation of the Election Commission's recent order.

The Communist Party of India and the Communist Party of India (Marxist) expressed their support for the provision to make a public disclosure of the assets and liabilities of candidates, but had reservations about candidates being disqualified on the basis of charges framed by Courts for heinous criminal offences mentioned in the draft Bill.

They preferred disqualification after conviction.

The Tamil Maanila Congress (soon to be merged into the Indian National Congress) was also for the disclosure of assets, but against giving discretion to the Returning Officer to reject after a summary inquiry nomination papers challenged on the ground of inaccuracy or falsehood. Only the Bharatiya Janata Party (BJP) generally toed the line of its national executive in support of the contents of the draft Bill circulated to political parties following their meeting on July 8.

Taking off from this, the people must now demand that the Government should comply with the Supreme Court judgment in its entirety instead of giving the impression of treating the people with contempt.

It should desist from nullifying for all time the operation of any judgment of any court or any order of the Election Commission requiring candidates for elections to disclose and furnish information needed by the sovereign masters, the people, to adjudge their competence and trustworthiness to serve as their representatives.

The Government should, instead of subverting democracy, strengthen it by enlarging the scope of the proposed legislation, taking the help of a committee comprising a retired Chief Justice of the Supreme Court, the Chief Vigilance Commissioner, a renowned educationist, an eminent media person and a reputed member of the political class.

Otherwise, a stage will come when the people will begin despising the political process and lose faith in democracy itself.

If the Government persists in enacting a law that rubbishes the salutary prescriptions contained in the Supreme Court judgment and the Election Commission's order, when the Bill comes for the President's assent, he will be well within his right and duty under the Constitution, true to his oath to devote himself to the service and well-being of the people, to refer it back to both Houses under Article 111 with his advice for incorporating the contents of the Election Commission's order or keep it in abeyance following the precedent of Giani Zail Singh in respect of the Postal Bill.

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