Saturday, November 2, 2024
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Making mockery of constitution

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Rajya Sabha Nomination Scandal

By Poonam I Kaushish

In political Delhi ‘heat wave’ of NCTC Centre-States fireworks, whodunit of who will be India’s next President interspersed with UPA’s policy paralysis and tenuous Congress’ ties with mercurial Mamata et al, confusion is compounded by the raging controversy over cricket icon Sachin Tendulkar and sultry film star Rekha nomination to the Rajya Sabha. A storm in a tea cup? Or is there a sting in the tail? Either way it’s an ongoing silsala!

Arguably, in a House boasting of industrialists, power brokers and descript politicos why object to Right Honourables Sachin and Rekha? They are neither the first nor the last sportsman and film actor to enter Parliament. Undoubtedly, Sachin is a great cricketer and Rekha was once a popular actress, and like others from diverse fields have every right to be nominated to the Rajya Sabha. Yes, it is an honour.

But the moot point: Is Sachin simply a well-decorated ornament to be showcased in Parliament? Is a nomination the only way to decorate India’s Umrao Jaan? Has either of them shown any interest in public affairs and national issues? Apart from cricket and films what is there stand on governance, corruption, public sleazes etc? Or have they been nominated to divert public attention from the ills that plague UPA?

Already, Sachin has made plain that cricket is his life…he will continue playing and hasn’t thought of retiring. Indeed, if the Government wanted to honour him, it should have awarded him the Bharat Ratna which he truly deserves having reached cricketing pinnacle by scoring 100 international centuries and being rated as the greatest batsman after Don Bradman.

Why Rekha? Today everyone is agog over the kissa kursi ka between her and her Silsala co-star Amitabh Baachan’s wife Jaya, Samajwadi Rajya Sabha MP. Reportedly Jaya has changed her seat to another far from Rekha’s. Going by the track record of other nominated MPs like Lata Mangeshkar, Pandit Ravi Shankar or late M F Hussain who were barely seen or heard in Parliament, is Sachin going to let his bat do the talking and Rekha her political ‘mujras’!

Tragically, this is not the first time that the Government has misused or abused its powers to nominate members to the Rajya Sabha. Clause 3 of Article 80 stipulates: “The members to be nominated by the President under sub-clause (a) of clause (1) shall consist of persons having special knowledge or practical experience in respect of such matters as the following, namely: literature, science, art & social service”.

This provision was meant to enable the Government to make available to Parliament the services of distinguished persons, unwilling to get involved in the rough and tumble of electoral politics. In fact, the inclusion of this clause was hotly debated in the Constituent Assembly. Some members feared that “if we authorize the President to nominate 12 members, bitter allegations of favouritism and nepotism will be leveled against him and that would not be desirable”. Sadly, this apprehension has come true.

Nehru bent over backwards to be upright & Constitutionally correct. During his tenure, only the distinguished were nominated like Dr. Zakir Hussain (who later became President), Alladi Krishnaswamy Ayyar, Prof Satyandranath Bose, Rukmini Devi Arundale, educationist Dr. P.V. Kane, an authority on Dharmashastras, historians Dr. Radha Kumud Mukherjee and Dr. Tara Chand, poets like Maithilisharan Gupta & Harivansh Rai Bachchan and artists like Prithvi Raj Kapoor.

Indira Gandhi and Rajiv both brazenly misused the provision by nominating close political associates, National Herald’s Mohanlal Saksena, S.P. Mittal (of Harshad Mehta fame), Syeda Anwara Taimur (Assam’s former Chief Minister) and “Mama” Mohd Yunus. The BJP nominated Hema Malini while she was actively campaigning for the Party. Today Sonia too has followed in their footsteps by nominating family friend Mani Shankar Aiyar after he lost the Lok Sabha election.

Alas, there is a growing tendency to patronise those who are considered partial to the ruling dispensation. With each passing year the character and quality of the Rajya Sabha is sharply deteriorating. Personal loyalty to the leader, monetary considerations and political connections get precedence over competence and experience. Whereby, the House is functioning more and more as a parallel (and competing) political chamber to the Lok Sabha. Often enough shouting has replaced serious debate.

Worse, it is becoming more of a house of money bags and fixers. According to National Election Watch 98 MPs have assets worth crores (Congress 33, 21 from BJP and seven from Samajwadi) and 37 MPs have criminal cases pending against them. Industrialist like Kingfishers Vijay Mallaya, Videocon’s Rajkumar Dhoot, BP’s Chandrashekhar, Reliance’s Parimal Nathwani, ‘King’ Mahendra etc adorn its benches, an indication how business interests are now operating in a new way in Parliament.

Shockingly, the figures for ‘buying’ the required number of votes range from Rs.10 crores to as much as Rs.25 crores. Not a few consider this as a good investment as once elected the MP has a sum of Rs 5 crore annually (Rs 30 crore for 6 years), to spend under the MP Local Area Development Scheme (MPLADS). Mayawati let the cat out by virtually auctioning the nomination to the highest bidder a few years ago whereby her MPs had to “donate” their MPLADS if they wanted her to nominate them to the Rajya Sabha..

Tragically, today the Rajya Sabha has failed to evolve a distinct role for itself as the Council of States. The States’ voice over the years has got lost in the din of the power brokers who strut about like peacocks in the Rajya Sabha kaleidoscope.

Where do we go from here? One way out could be to get rid of nominations as this helps only the nominating Party. Why should the tax payer be financially burdened with unelected MPs whose only contribution is a pretty face and a mighty sixer!

Alternatively, abolish the Chamber, as advocated by leading MPs at different times. Significantly, Dr. Ambedkar himself went on record in 1949 to say that the Rajya Sabha was being introduced “purely as an experimental measure” and there was provision for “getting rid” of it. Morarji Desai, for his part, was one with Harold Laski’s view that “a single chamber best answers the needs of modern states.” But such an extreme step is not necessary yet.

The Rajya Sabha could still be made to play a more useful role. Jayaprakash Narayan strongly favoured a Partyless Council whereby only those who had served one stint in the State Assembly or Lok Sabha and no more than two terms should be made MP. Today, we have MPs enjoying four-six terms of six years each in the Rajya Sabha without ever fighting an elections to either State Assembly or the Lok Sabha.

Clearly, the Rajya Sabha’s role as a torch bearer of the State’s concerns is seeing diminishing returns. What the Upper House desperately needs is more substance than style. Else its anthem will soon ring to Apna Sapna Money Money! — INFA

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