Connect with people in framing laws

As I sit down to write my column, my mind is going over the events in India, during the week that just passed. Europe watched with gripped attention the inept and incompetent political leadership when due process was violated. It seems like the little faith that Europeans have in the judicial system is evaporating rapidly. Clearly, the government could have averted the monumental blunder.

My father who belongs to a family of illustrious astrologers has many a time astonished me by his prophesies. Last month, he mentioned to me seriously that the Congress party is suffering from ‘death wish'. In politics, sometimes, it's good for parties to die and to be re-born, he said.

From media reports across Europe, it seemed apparent that the government grossly misjudged the public mood on the rapid moral degradation of all aspects of social life and the astronomical level to which corruption has risen.

Europeans are shocked at the way the present crisis is being handled by the government. The reason for the inability to show more sagacity can only be attributed to absence of leadership of any kind within the party and government.

It can now be said with certainty that any political party in India, which hopes to weather storms like the present one, would need a typically Indian mind, understand the Indian psyche and, above all, be truthful to essential human values.

On this benchmark, most Indian political parties fail the test. However, I must add that nationality does not matter in leadership as proved by an H. S. Olcott, Annie Besant, C.F. Andrews, Sister Nivedita, the Pondicherry Mother and Mother Teresa, all of whom rose to become legends of India.

INCLUSIVENESS FACTOR

Turning now to the topic at hand, even a technically excellent lawmaking system cannot operate effectively without a culture of openness and transparency within the government. In this regard, Europe has excellent instances of the contribution of civil society.

From this standpoint, the weakest link in lawmaking in India is the detachment of society from the process of drafting and discussion of laws, and, secondly, the “decorative” manner in which attention is paid to public opinion.

George Bernard Shaw once observed that: “all professions are a conspiracy against the laity”.

Lawmaking and policy-making are as fundamental to democracy as medicine is to health and they share many of the same tendencies. So how do we avoid Shaw's “conspiracy against the laity”, in India? By appreciating the value of consultation and ensuring it takes place.

Consult Civil Society

European rule of law and its development are inter-related. There is an established process of interaction between public institutions, public authority and civil society.

Conferring with civil society in policy development and lawmaking has two important advantages in underpinning democracy, in that it engages people in the democratic process on an ongoing basis — and not simply intermittently at times of elections. It improves the efficacy and quality of policy-making and of legislation.

I would like to share the following three key observations of law-making in Europe.

First, legislation is formulated and adopted as the result of an open process reflecting the will of the people. After all, democratic lawmaking is not just about ensuring that laws are enacted by democratically-elected representatives. It is also about ensuring that the public in general is given reasonable opportunities to contribute, in particular those affected by the legislation and those responsible for its enforcement.

Second , there is not only good law on paper, but also good laws in practice. Europeans consider the process whereby laws are primed, as vital as their content.

Thirdly, democratic lawmaking in European nations means that a more open, transparent and participatory course ensure that new laws are well received, accepted and accurately put into action.

I believe that the European example clearly demonstrates that in a truly consultative lawmaking process, transparency and efficiency are not incompatible but rather mutually-reinforcing.

Lacklustre Leadership

Evidently, the tribulations of democracy can only be cured with more democracy. But, for this, excellent leadership and ‘connect' with people is crucial.

The lacklustre leadership that defines the Manmohan years will never be forgotten in India's political history. Because, behind the supple facade is a painfully slow administrator — perhaps, a fragile and very wrong peg forced into the round hole.

All that is left is about a 1,000 days before Dr Manmohan Singh's term ends. Will he continue to condone ineptitude and corruption? Or, will he affirm to fold up his sleeves and get his hands soiled?

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