Tuesday, April 22, 2014

The state within: Book Review of Good Governance in Financial Express, April 13, 2014

Good Governance: Never on India’s Radar
Madhav Godbole Rupa R500 Pp 300 THE FRUSTRATION of the common man with corruption is palpable today to the extent of despair. With the general elections underway, the issue that has dominated is governance. We tend to think of governance as a contemporary development and this is where Madhav Godbole, a former bureaucrat, strongly differs, presenting his views in the extremely engaging book, Good Governance. Having worked in the public sector and witness to various instances of corruption, Godbole provides an in-depth view of the state of affairs in the country. What is important to know is that the rot that had set in from the time of independence has accelerated in depth and width across the country over the years. This dilution in governance standards has permeated our entire political, social, judicial and business fabric. Godbole feels that we started on the wrong foot, with little obeisance being paid to governance by our first prime minister, Jawaharlal Nehru. The role and importance of the Cabinet has denuded over the years and decisions have been taken with scant respect for the body. For instance, Nehru’s wish made India give up its claim for a permanent seat at the Security Council in favour of China. Later, Rajiv Gandhi withheld the Thakkar Report without the Cabinet’s consent and so was the case with the anti-defamation bill. Even in recent controversies relating to the 2G, CWG (Commonwealth Games) or coalgate scams, all decisions were taken without consulting the Cabinet. We have tended to follow the PM’s form of governance rather than the Cabinet’s, which has made the PMO extremely powerful. We talk a lot about right to information (RTI), but even though it is path-breaking, several exclusions have been made, including Prime Minister Manmohan Singh’s refusal to allow the noting made on files open to public scrutiny. This has diluted the concept and the power bestowed to the people through this medium. Add to this the CBI’s exclusion and the idea of RTI becomes weaker. The author also quotes how the Central Vigilance Commission did not allow the documents perused by it on defence deals to be open for RTI. At the micro level, the PMO has not permitted RTI to be applied to the deals of Robert Vadra on the plea that he was holding them as trustee. On several occasions, the author talks of the three events that actually shook the concept of governance in the country: the anti-Sikh riots of 1984, Babri Masjid’s demolition in 1992 and the Gujarat riots of 2002. Many political parties were involved in different measures, but everyone got away. The PM has been quick to dismiss elected governments like those of SR Bommai in Karnataka in 1988 or Kalyan Singh in UP in 1997, but did not do so for the Gujarat government when the 2002 riots took place, reflecting fragile Centre-state relations. The culprits of the anti-Sikh riots still roam free and various reports brought out by committees and commissions on rioting that followed the demolition of the Babri Masjid have not really put anyone in the dock. The author also dwells a lot on the excesses during the Emergency. At another level, the performance of institutions has diminished, as governance issues have come into play. The judiciary has not been free from such malaises either and the author gives several instances of how judges have given questionable verdicts. Further, he writes about the escapades of some tainted judges, which could make the reader lose faith in this final authority. The fact that litigation goes on for several decades is appalling. He says as many as 30 million cases are pending in 20 courts, which are unlikely to be cleared in the lifetime of the accused. The judiciary has been misused by legal personnel to not deliver judgments with a series of adjournments, as this helps everyone make money. Interestingly, he talks about the Jharkhand Mukti Morcha bribery case where the PM was involved and bribes were offered to MPs to vote against the no-confidence motion. The court had ruled that an MP would be guilty if he took a bribe and abstained from voting, but if he did vote, then it would not be a crime! Godbole is also ultra-critical of the corporate sector, which, he says, has worked with politicians to thwart the system and to make sure that things work their way. He cites examples of how big corporates have paid for the travel of politicians—he gives names of Reliance, Vijay Mallya, the Hindujas, P Chidambaram, HD Deve Gowda, etc. The growth of crony capitalism, a term being used today too at the time of elections, has been deep rooted. He gives instances where, he says, politicians like Arun Shourie have urged the industry to break rules to get things done, revealing the close ties of the two sections. At the governance level, the IPCL deal with Reliance or the well-known Enron story cut across all governments, which steered clear of good governance for personal benefits. Even today, we have corporates fighting a regulator like Sebi. It becomes a habit to attack any stringent regulator to divert attention. This shows the high-handedness of industry, as it assumes that it can get away with anything. He does not spare the Tatas, too, and reveals how they approached the Supreme Court to ensure that the Radia tapes did not become public. He also strongly believes that any kind of industry lobbying is a plain euphemism for bribing. A major casualty of poor governance have been our institutions. In the name of secularism, we have broken the ethos behind this concept. The anti-secularism stance is argued through the government’s policy of appeasement, as evident by the Shah Bano case, absence of a uniform civil code, allowing Sharia courts, etc. The counter view is that Muslims remain disadvantaged in education, income, development, have their symbols endangered, etc. The fact that all parties keep this alive ensures that this issue can be exploited in every election. Second, the sacred fundamental right of freedom of expression has been violated repeatedly, with our judicial system not providing any recourse against violators. He gives several examples like banning of a girls’ music band in Kashmir, banning of James Laine’s book on Shivaji, the threat to Salman Rushdie and so on. Third, the post of governor of a state has been demeaned. It has now become a reward for loyalty to the realm. Fourth, the civil service has been virtually choked with regular threats of transfers if they are not subservient to the state. We have still not changed the system to provide immunity of tenure, as every party in power uses this service as a means to its own ends. While everyone likes to defend what is happening, the author laments that the external world sees us without a bias and it is not surprising that India ranks very low on human development, doing business, competitiveness, corruption, etc. Godbole does have a series of suggestions as to what can be done to reform the system. But the fact remains that we all know what has to be done, but no one wants to change things, as every ruling party in power benefits from non-governance. Godbole narrates incidents when the system has failed due to the selfishness or sheer absence of character of the protagonists. He quotes extensively from newspapers and journals, and hence steers clear of any case of defamation. He does get preachy at times, but then, as an author, he has the right to prescribe what is good for the community. The book is timely, as it coincides with elections and is an eye-opener for those who may have preferences for different parties on governance issues. But, ironically, when one reads this book, the impression received is that there may be little to choose from on this single parameter. If there is any consolation, it is that this is not something new and has been in play since independence.

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