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Showing posts with label law abiding. Show all posts
Showing posts with label law abiding. Show all posts

Wednesday, 28 February 2024

Dhruv Rathee is wrong. If Modi is a dictator, why did he fail so often to get what he wants





Dilip Mandal in The Print

Content creator Dhruv Rathee’s recently uploaded video, ‘Is India becoming a DICTATORSHIP?’, has set social media abuzz, amassing over 13 million views on YouTube alone. The viral video examines concerns around Narendra Modi and Bharatiya Janata Party’s ‘One Nation, One Party’ ideology, citing instances of media control, horse-trading of MLAs, and the alleged misuse of enforcement agencies against opposition leaders. Of course, it also goes on to suggest that India is becoming a ‘dictatorship’ under Modi.

But in his two terms as Prime Minister, Modi has demonstrated an accommodating and somewhat indecisive leadership style. He really doesn’t carry the authoritarian tendencies of Vladimir Putin, Donald Trump, or Indira Gandhi.

In fact, the PM has, on many occasions, developed cold feet or compromised despite being an undisputed leader of his party and scoring two consecutive Lok Sabha terms. He has never been one to bulldoze, always stopping to rethink his decisions in the face of resistance. Call it statecraft, or simply a compulsion to govern a nation as diverse and complex as India.

I will list here some of those instances:

No reform for the collegium system: Narendra Modi introduced a significant reform in the judiciary shortly after becoming Prime Minister for the first time. The National Judicial Appointments Commission Bill 2014, aimed at overhauling India’s judicial appointment process and modifying the collegium system, was introduced in the Lok Sabha on 11 August 2014 and subsequently passed by both houses of Parliament. Endorsed by over 20 state legislatures, its objective was “to broad base the appointment of Judges in the Supreme Court and High Courts, enable the participation of the judiciary, executive, and eminent persons, and ensure greater transparency, accountability, and objectivity in the appointment of Judges in the Supreme Court and High Courts.”However, a five-judge bench of the Supreme Court declared the National Judicial Appointments Commission Act and the 99th Constitutional Amendment unconstitutional, arguing that maintaining the judiciary’s independence from government influence forms the basic structure of the Constitution. The Act, which sought to give politicians and civil society a role in the appointment of judges, was struck down by a 4:1 judgment to preserve “judicial independence.”This decision marked the end of the road for Modi’s judicial reform agenda. He did not attempt to reintroduce the bill or press for changes to the Collegium system. A single setback led to the withdrawal of an important reform agenda. The decision of just four judges overruled the will of the people – which was reflected in Parliament and 20 state legislatures – and Modi let it happen. Clearly, he went by the rule book and respected institutions from the get-go.

The death of farm laws: In 2020, the Modi government tried to reform the agriculture sector with three farm laws, namely The Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Act, The Farmers (Empowerment and Protection) Agreement of Price Assurance and Farm Services Act, and The Essential Commodities (Amendment) Act. The laws were designed to facilitate direct farmer sales beyond Agricultural Produce Market Committees (APMCs) and without state taxes, allowing contract farming, deregulating certain commodities’ trade (except in emergencies), and enhancing trade freedom and farmer autonomy. However, the farmers protested saying that the new laws aimed to facilitate outside-APMC trade that would diminish government purchases in mandis, make the Minimum Support Price (MSP) system irrelevant and destabilise their assured income.Landed farmers, mainly from Punjab, Haryana and Western Uttar Pradesh, protested by blocking arterial roads leading to New Delhi. The government soon gave in, stopping the implementation of laws that could have modernised Indian agriculture.

Didn’t push too hard for land acquisition: The Modi government introduced the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Amendment) Bill in 2015 to simplify the land acquisition process for industries. However, after facing significant opposition from both political allies and competitors, as well as protests from civil society organisations, the government decided to withdraw important amendments to the bill.These amendments included removing the consent and social impact assessment clauses, which were part of the 2013 legislation and made land acquisition for industry difficult. Nine amendments were made to the bill before it was finally passed in the Lok Sabha. This was a big setback for Modi, who has not attempted to reintroduce these changes since. Industrial land acquisition remains a slow process in India because the Modi government prioritised consensus.

Citizenship Amendment Act—a law made but not implemented: The government amended the Citizenship Act of 1955 and passed the Citizenship Amendment Act (CAA) in 2019 to assist individuals from Pakistan, Afghanistan, and Bangladesh who migrated to India after facing religious persecution in their home countries.Previously, Hindus, Sikhs, Buddhists, Jains, Parsis, and Christians who entered India without proper documentation or stayed after the expiry of this documentation were considered illegal and faced difficulties in obtaining Indian citizenship.The CAA aims to simplify the process for individuals who arrived in India by or before 31 December 2014, allowing them to become citizens under more lenient rules. This amendment means they will no longer be viewed as illegals and can reside in India permanently. Although the bill was passed by Parliament and published in the Gazette, the government, probably in the wake of extensive anger and protests, has yet to frame the necessary rules. As a result, no one has been granted citizenship under the amended act to this day.

Uniform Civil Code: Despite its long-standing inclusion in the BJP manifesto, the Modi government has never attempted to advance the Uniform Civil Code. This reluctance stems from apprehensions about opposition, making the issue too contentious to handle. However, the Uttarakhand government recently passed a bill to implement the UCC, suggesting that the Union government may be gauging public sentiment and potential resistance before introducing nationwide legislation. A democratic approach, isn’t it?

Rohini Commission, too hot to handle?: In October 2017, the Commission for Other Backward Classes was established via notification to explore the sub-categorisation of OBCs. Justice G Rohini, a retired Chief Justice of the Delhi High Court, was appointed as its chairperson. The Rohini Commission submitted its final report to the President in August 2023, marking a critical step in addressing the complexities of OBC classifications.The commission sought 13 extensions before finalising its report. The slow progress of the commission and the government’s inaction on its report indicate that dividing OBCs into sub-categories is proving to be a complex task for the Modi government. This hesitancy raises questions about decisive leadership.

Women’s reservation, a project deferred: This Act intends to reserve one-third of the seats in Lok Sabha and State Assemblies for women. However, its implementation is contingent upon the next Census and subsequent delimitation for seat allocation, postponing its effectiveness until at least the 2029 Lok Sabha elections. The government recognises the contentious nature of this issue and understands that the process of building consensus must continue beyond the bill’s passage through the legislative body.
Ram temple construction: The recent construction of the Ram temple in Ayodhya does not bear Modi’s stamp. The government waited for the Supreme Court’s order before proceeding with construction work. It is also waiting for relevant court orders to build temples in Mathura and Varanasi. This approach marks a departure from the BJP era of Atal Bihari Vajpayee, Lal Krishna Advani, and Murli Manohar Joshi, during which the Babri Masjid was demolished in the presence of top party leaders. The BJP is far more law-abiding under Modi’s leadership.