It was simultaneously apt and inapt.
A jet lagged Manmohan Singh chose to do penance on 2
October 2013, the 144th birth anniversary of
Mohandas Karamchand Gandhi. Apt because it is a day
for reflection and atonement. Inapt because the
penitent specialises in wearing a garb of personal
innocence to tolerate all manner of venality in his
watch.
Before discussing Rahul Gandhi’s bombshell, let us
examine the ordinance which was ratified by the
cabinet and sent to the President for his approval.
It was no different from the Representation of the
People (Second Amendment) Bill, 2013, which the
government introduced in the Rajya Sabha during the
monsoon session of parliament, but couldn’t get
passed. Presumably, the hurry to go the ordinance
route was the imminent fodder scam conviction of an
ally, Lalu Prasad, and also of Rasheed Masood, a
Congress MP convicted for cheating, criminal
conspiracy and forgery.
Section 8 of the Representation of the People Act,
1951 relates to disqualification on conviction for a
large list of offences. However, since turkeys never
vote for Thanksgiving, our lawmakers introduced
sub-section (4) of section 8 in 1989, which gives
huge relief to sitting MPs or an MLAs. In simple
English, it states that irrespective of any crime
listed in sub-sections (1), (2) and (3) of section
8, our representatives who grace the parliament and
state legislatures will not be disqualified until
three months of the date of conviction or, if they
have appealed, until such an appeal has been
disposed of by the court. It goes without saying
that no such provision exists for the normal
citizens of India.
For well over two decades, sub-section (4) of
section 8 saved the bacon of our legislators. Until
10 July 2013. After hearing a public interest
litigation [Lilly Thomas vs. Union of India and
others], a division bench of the Supreme Court
struck down this odious sub-section, stating that
parliament had no power to enact it and that it was
ultra vires, or beyond the powers, of the
constitution of India.
In reaction, the government introduced an outrageous
amendment bill in the Rajya Sabha, which, if passed,
would come into effect from 10 July 2013 — the date
of the Supreme Court order. It stated that no
disqualification of an MP or an MLA shall take
effect if an appeal is filed within 90 days of the
date of conviction and/or if such a conviction is
stayed by a higher court. Moreover, in the
interregnum, a convicted MP or MLA may continue to
participate in the parliament or legislative
assembly, without drawing salary, allowances or
voting. The bill didn’t go through. Immediately, the
government opted for the ordinance. If the President
had assented, Lalu and Masood would have sitting in
the Lok Sabha delivering their homilies.
Rahul Gandhi was correct in calling it, “complete
nonsense and should be torn up and thrown away”.
Those who have condemned him for blasting an
ordinance passed by cabinet, especially when the
prime minister is abroad, must remember four things.
First, Rahul Gandhi is neither in government nor a
member of the cabinet. He has every right to
criticise a wrong cabinet decision — especially one
that had enraged the middle class. Second, before
disparaging Rahul, please rubbish a cabinet led by
the morally upright which takes such a self-serving
and ethically contemptible decision. Third, while it
is fair to guess that the cabinet decision may have
occurred due to the High Command’s signals, there is
no wrong in the son to de facto disagree with his
mother on a matter such as this. I would expect it
of him, given the stance that he chooses to take in
his politics. Finally, ask this question: How much
more pusillanimous can our virtuous primus inter
pares be?
Its over. On Gandhiji’s birthday. Let the sulking
prime minister nurse his hurt. And the cabinet
reflect on its collective shame. Thank Rahul for
this one. He did it right. Morally. And politically.
Published: Business World, November 2013
