COVER STORY

Parliament of howls

37oppositionieaders House in disorder: Opposition leaders protesting in the Rajya Sabha during the winter session of Parliament in New Delhi | PTI
  • Disruption of parliamentary proceedings by sloganeering and running into the well of the house militates against the soul and spirit of democracy.

36solijsorabjee

There are diverse definitions of democracy. Many countries proudly proclaim themselves democracies. Two indices, among others, of a genuine democracy are a free and independent press and an independent judiciary. Therefore, when persons claim that their country is a democracy, I request them to supply me with the newspapers in their country and provide me judgments pronounced by the judiciary in their country to enable me to form an opinion on the issue.

Do newspapers in large circulation in their country sing the same tune and shower fulsome praise on the government of the day? Or, do they also publish views and ideas of all persons, parties and interests projecting a broad spectrum of views which may be unconventional but enables the press to be an instrument of democratic control in a pluralistic democracy?

In brief, does the press permit expression of ‘the thought we hate’? Does the government of a country which professes to be democratic seize and confiscate newspapers which criticise it or impose penalties on the owners of newspapers? Penalties may take the subtle form of exclusion from official delegations touring the country or visits abroad or denial of similar favoured treatment.

Again, is the judiciary in their country a ‘committed’ judiciary which displays undue deference to the government of the day? Or, when the occasion warrants, does its judiciary have the courage to strike down executive orders which are illegal and to invalidate legislation which unreasonably infringes the fundamental rights of citizens without any fear of adverse personal consequences?

Again, are bold judges superseded on various pretexts? Or in a subtle manner regarded ‘unpatriotic’ and treated as non-grata persons? Remember that notions of patriotism vary, and keep in mind Dr Samuel Johnson’s famous statement that “patriotism is the last refuge of a scoundrel”.

Debate and discussions are sine qua non in a democracy. Our Parliament, called the temple of democracy, is from its very nature and composition an important forum for debate before enacting legislation or taking important policy decisions. Any piece of legislation may have provisions which need to be vigorously discussed and debated before it is ultimately enacted as a statute. In the course of a debate in Parliament some hitherto unknown and unethical, unfair and arbitrary provisions may be pointed out and sharply criticised. A responsible and responsive government would, or should, pay heed to some of the criticisms and make suitable amendments. That is what democracy is all about. Otherwise democracy ceases to be government of the people, by the people and for the people. It becomes bludgeoning of the people by a few to the detriment of the people.

The opposition has the right, nay the duty, to criticise and even condemn the government of the day for its alleged misconceived policies and arbitrary actions. But that can be appropriately done during a debate in the houses of Parliament. Holding rallies outside Parliament and levelling wild charges against the government to which the government cannot reply undermines the rationale of a debate. Stalling Parliament frequently is tantamount to disservice to our people in the largest democracy of the world. It diminishes the image of our Parliament, the proceedings of which are watched by people in other democracies. Disruption of parliamentary proceedings by sloganeering and running into the well of the house militates against the soul and spirit of democracy.

38bjpministers Unseemly sight: Two BJP ministers in Karnataka were caught watching porn in the assembly in 2012 | PTI

On account of the rowdy behaviour of some MPs, the presiding officers of the Lok Sabha and the Rajya Sabha are constrained to adjourn the house because of their unwillingness or their inability to discipline the rowdy members. This portrays our Parliament in a ludicrous light. The average Indian citizen loses respect for Parliament when their representatives can behave in a shoddy manner with impunity and without any compunction.

It is incumbent upon every member of Parliament, whatever be his or her political persuasion, to maintain and preserve respect for Parliament. Disruption of Parliament must cease. The recent remarks of President Pranab Mukherjee on this issue are extremely significant and must be heeded. Else, there will be terrible deficit in democracy, and our democracy will be under siege.

The crux of the matter is that respect for Parliament cannot be legislated nor can it be judicially mandated. It must emanate spontaneously from the heart and mind of the people’s representatives. Regrettably, that does not happen. It is painful to witness adjournments of the Rajya Sabha because of lack of quorum. Apparently, MPs do not take their functions seriously.

It is distressing that some lawmakers have a curious penchant for pornography and watch pornographic scenes on their mobiles instead of seriously participating in debates in the house. Tanveer Sait, Karnataka’s education minister, was recently pulled up for reportedly surfing the web for sexy pictures of Melania Trump, the soon-to-be first lady of the US. This kind of conduct is an insult to our founding fathers and leaders who nurtured our democracy in the early years after independence. Jawaharlal Nehru may have had his faults, but his respect for Parliament was unfailing.

Is it too much to hope that good sense will prevail, and that this form of deficit in democracy will be an aberration? Or is it a utopian dream? Maybe. A country which does not have Utopia on its map is not worth living in. Remember, progress is the realisation of Utopias.

Sorabjee is former attorney general.

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