When God desires to destroy a thing, he entrusts its destruction to the thing itself. Every bad institution of this world ends by suicide —Victor Hugo
Sometime in the 2nd century AD, Diocletian divided the Roman Empire into four regions, each ruled by a separate emperor. After a century of stability, it collapsed due to internal divisions, ambitions and avarice. Once, the four pillars of Indian democracy fought together against all outside threats to their credibility. Today, every institution is on a suicidal path, sparked by turf wars.
Last week, Andhra Pradesh Chief Minister YS Jagan Mohan Reddy created hysterical history by writing to Chief Justice of India SA Bobde questioning the integrity of sitting Supreme Court judge Justice NV Ramana, who had previously presided over the Andhra High Court. Ramana is likely to be Bobde’s successor. Jagan, plagued by corruption cases, requested the CJI to ensure judicial neutrality. His political confreres turned their guns on the state judiciary. The Andhra High Court struck back by directing a CBI inquiry against the politicians observing that remarks made by “key personnel who are occupying posts of prominence, authoritative and constitutional in nature,” has harmed judiciary as an independent institution as part of a “larger conspiracy.” And, the Attorney General of India is seeking the SC’s intervention for preventing obsessive media trial to influence judicial verdicts.
Maligning has become the national pastime. TV channels are clawing at each other’s throats, naming and shaming with threats and abuses— “My TRPs and stories are better than yours”. Each one claims sole ownership of the truth. Instead of reigning in the establishment, media mavericks are gagging each other. The media sought more eyeballs by verbally molesting Bollywood actors as drug traffickers. Anchors divided them into nationalists and anti-nationalists. But tinsel town couldn’t be silenced. Leading film organisations and stars have approached the Delhi High Court to restrain TV channels and acerbically aggressive anchors from destroying their image with calumny and “media trials”.
Institutions have by and large fearlessly protected their reputation and mandate. When Indira Gandhi destroyed the SC’s autonomy by ordering the supersession of senior judges during the Emergency, three judges resigned in protest. They didn’t fear her draconian detention laws. A few years later, Rajiv Gandhi’s government tried to legislatively gag and tame the media. Proprietors and editors irrespective of ideological predilection walked on Rajpath hand in hand, forcing Rajiv to back off. Even in the 50s when press freedom was under threat from the Jawaharlal Nehru administration, it was son-in-law Feroze Gandhi who championed press freedom.
For decades, the judiciary and the media thwarted all attempts by the executive to impose its will and dictate and define the colour and nature of verdicts. Once, the PMO would decide the names of the journalists to accompany the prime minister on foreign trips during the Congress times. Atal Bihari Vajpayee scolded his officials for inappropriate interference in deciding the press list. Manmohan Singh was persuaded to favour some journalists for privileged briefings. Unfortunately, none of the media organisations and owners protested against such political discrimination. Off the record narratives found prominent displays in newspapers and on primetime.
In 2014, Narendra Modi withdrew exclusive privilege from journalists, and forbade free rides on his official plane. Access to the mighty is the primary and premium qualification for journalists to get high-paid jobs. Invisible owners suddenly discovered the goldmine behind visibility and connectivity. Content is replaced by connectivity. Unfortunately, it comes with strings. The executive and the political leadership started bartering access with “exclusive” newsbreaks and interviews. Chief Ministers, Union Ministers and top babus decide the questions and answers along with the name of the writer or the anchor. Journalists carry “followed by” a leader badge on Twitter to show off their exalted access.
The judiciary, too, has been compromised with unprecedented force. Candidates for judgeships cosy up to leaders including the chief ministers and the Union law minister for postings. Chief Ministers would often eliminate the names of ‘unsuitable’ candidates by procuring adverse intelligence reports. Yet, there were some checks in place which prevented large-scale induction of undesirable elements in the judiciary. Later, the Supreme Court took over full powers for the appointment and transfer of judges to insulate the judiciary from external influence. Its reputation has worsened since then, being blamed for encouraging nepotism and political interference.
Worse, judges have openly declared war on each other. It started when four Supreme Court judges addressed a press conference questioning the functioning of their own. Ironically, some of them would go on to follow the same model of management. The caste, community, class and relationship system of choosing judges is intact. Never before has such a large number of judicial pronouncements been questioned like now. The Indian judiciary is still independent and fair. But, greed for post-retirement sinecures has eroded its independence.
The Congress first set the wrong precedent by nominating a former CJI to the Rajya Sabha. This opened the door to others to grab political and gubernatorial assignments. The judiciary failed to assess the damage of the creation of multitudinous judicial tribunals, to its credibility. For the sake of fair justice and quick redress, successive governments acting on the advice of bureaucrats created over 200 semi-judicial bodies.
The media and the judiciary aren’t the only institutions to fall. The Election Commission, the Human Rights Commission of both the states and the Centre, the Central Information Commission, the National Commission for Women, the child protection panels, the minority commissions, the cultural and educational bodies and the sports organisations are falling like ninepins. They rarely fight for their mandate. They fight for individuals. Cultural forums are promoting cults and caste. Secular gloss is their only yardstick for justification. Set up to defend India’s diversity, they have adopted appeasement of the worst kind. The UGC and the state education boards have been used to destroy the country’s cultural and religious diversity.
The Election Commission was established to conduct free and fair elections. For the past 20 years, its reputation has eroded substantially because it hasn’t followed a consistent voting model. The EC was downgraded after TN Seshan displayed and used its impressive constitutional powers. The Congress converted it into a three- member panel and blunted its bite. Later on, the party started rewarding Election Commissioners with political posts in government. Manohar Singh Gill, a former election commissioner, became a Rajya Sabha member and a minister in the Manmohan Singh’s Cabinet. Information Commissions set up to ensure transparency have been compromised by the conduct of politically chosen officials. All the posts are occupied by retired civil servants, journalists and opinion makers.
The blame for institutionalised suicide lies at the doorstep of those chosen to lead. Some believe the current leadership is responsible for the calamitous collapse of institutions. No doubt, every leader likes to consolidate control through divide and rule. If the fear of the unknown devil leads spineless sycophants to bend, the fault lies with those who crawl. The credibility of the Indian institutional framework can be protected only if retired civil servants, judges and journalists decline government positions and favours. Sadly, India is passing through a phase in which individuals are surviving and thriving by sabotaging the very institutions they serve.
The Empire is striking back. The Jedi of Indian democracy has fallen out, leaving the universe to the mercy of a control freak Darth Vader.
prabhu chawla
prabhuchawla@newindianexpress.com
Follow him on Twitter @PrabhuChawla