The Hindu Business Line : Law-makers and breakers too?

Within the bounds of the Constitution, at times a political animal may have to break the law to make a point. But if that animal is an MP what is the state of play between the different roles?

THE Election Commission's directive that absconders who have kept away from the authorities will have their names struck off the electoral rolls has set the cat among the pigeons with politicians of all hues scurrying to regularise the record and — as some have done — challenge the very basis of the action. Take the case of West Bengal where more than 70,000 people have their names on an official list of persons who will not be allowed to vote in the Assembly elections next year if they do not "appear before local electoral registration officers within seven days of getting (a) notice".

Among others, the Trinamul Congress leader, Ms Mamata Banerjee, has, in characteristic fashion, made a loud noise over the issue, saying in no uncertain terms that she will not abide by the EC's directive even if that means losing her right to vote in the coming elections. As she has said, her name is on the list "in connection with a law violation programme in the North 24-Parganas district magistrate's office on February 22, 1994." Her interpretation of the whole thing is as follows: "I want to make it clear that the list was prepared by police, which initiated suo motu cases against us at the behest of the ruling CPI(M)."

The fundamental issue involved here is (again in the words of Ms Banerjee) "Whatever be the reason, I am not surrendering. Whatever I have done, I have done for the people, and I think I have not committed any crime." The other allied (political) issue is her statement that the CPI(M) "does not want the Opposition leaders to contest the Assembly polls". While the second statement is open to interpretation, the first is an assertion which squarely puts her in a league comparable to the one which includes the likes of the Murshidabad Congress MP, Mr Adhir Choudhury, who too said sometime ago (before his arrest in New Delhi) that he would not surrender in connection with a police case.

In view of the fact that she is a member of Parliament, Ms Banejee is a law-maker. One point of discussion could be: Being a lawmaker, can she afford to take the stand she has on this particular issue where she has declared her intention of not abiding by what the law says? As an MP, she can work towards altering the law in question, but as long as the amendment is not made, can she turn a blind eye to what the law requires her to do? She can very well say that her political agenda requires her to put pressure on the government of the day, and, if need be, even violate the law to attain her political end.

As is clear, the subject gets even more complex from this point onwards. The long and the short of it is the question: Does an MP cease to be a political animal the moment he or she steps into the portals of the august House as a member? Within the bounds of the Constitution, at times a political animal may have to break the law to make a point. But if that animal is also an MP (who is a law-maker) what is the state of play between the different roles? Of course, the answer could be simple: If you know what the consequences are for breaking the law and you feel the price for doing so is acceptable, then perhaps the decision to do so can be accepted on moral grounds.

If, as the Trinamul leader says, "it is the duty of a political worker to participate in democratic agitations," should the law-enforcing authorities launch cases against such protestors? Secondly, if, as the CPI(M) West Bengal State secretary, Mr Anil Biswas, says, it is "unconstitutional" to delete names from the electoral rolls "unless a person is convicted," should the EC go ahead and do whatever it is doing in its wisdom to clean up the national election process?

One wonders how an average citizen would view all this? Would he want to get into the details of the arguments involved on both sides of the great divide, or would he just say that what happened in the recent Bihar elections should be replicated elsewhere in the country? Perhaps the latter, one feels.

In any case, there is general agreement that the EC has done a great job in Bihar. It should be encouraged to do an even better job in the State Assembly elections lined up for next year — even if it means striking off certain names from the electoral rolls.

Ranabir Ray Choudhury

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