The Odisha legislative Assembly has not been functional during the current session. The elected members have not had their say on several Bills that have been passed by voice vote or have been guillotined (thereby taken to have been passed) without any discussion on them. When the legislature becomes nonfunctional and Bills are cleared without appropriate debates, the basic fabric of a parliamentary democracy stands jeopardised. More than five crores of rupees have literally gone down the drain in the name of holding the Assembly session in the last few days. The burden of this is on the taxpayers without any corresponding efficacious return to the benefit of those who bear the burden of the expenses. Strangely enough, the ruling party has also played an unexpected role in ensuring that the House is not functional.
This unusual and unwanted situation has every potential of distorting proper governance. This is inevitable with important policy matters left to the uncontrolled and unguided dictates of the executive. Interestingly, there have been reports about reducing the minimum number of days for which the House is required to function in a year from 60 days to a lower figure. This would further reduce the participation of the representatives of the voters in most of the vital decisions. In such a precarious situation, the bureaucracy has every tendency to make it look as though the legislature is a redundant institution. This signals the gradual decline and failure of public accountability and considered policymaking through the members, who represent people at large. This trend is contrary to the interest of governance in conformity with the Constitutional framework and needs to be altered in the interest of a responsible and accountable Government.
The chit fund scam appears to be a can of worms, as the investigation by the CBI reveals. According to the latest reports, Alok Jena, the petitioner in the Supreme Court in the case that resulted in the chit fund scam being handed over to the CBI, has now further prayed to the apex court for directions for making the investigation more effective. It may also be prayed before the court that there is also a need for monitoring by the court. Thousands of small investors are in dismay as they see no hope of any part of their investments to return to their hands. It is apparent from the ongoing investigations that the ponzi schemes flourished with the knowledge of the powers that be. Revealing diaries have emerged during the searches. There are clear indications for further intensified investigation, which could unearth the widespread network of sharing the spoils through patronage of persons in power.
In this land of lord Jagannath, the poorest of the poor in Koraput district in Garidi gram panchayat are busy in a mad search for gemstones with the hope of becoming rich overnight. Assuming there are any precious stones in that area, it is common knowledge that middlemen traders will snatch it away from the hands of the poor at rock-bottom prices.
Remedial steps relating to illegal mining continue to move at a snail’s pace. The High Court has had to intervene with the affairs of the Olympic Association. Midday meals in schools have disclosed widespread corruption with no regard for the wellbeing of the children.These are all indicators of unjust enrichment of individuals through abuse of power and misappropriation of properties meant to be utilised for public good.
There could be an interesting comparison between the scenario in 1964 when Biju Patnaik / Biren Mitra Government was in power and the prevalent situation presided over by the next generation. The trends towards imbalances appear to be similar. But the present-day maladies are much more deep-rooted and the administrative machinery is much more contaminated than it was fifty years ago. At that time, the august Assembly was demeaned with vandalism inside the House by non-members and the same august House is at present gradually being rendered irrelevant by those who are constituent parts of it. leaders were then of the belief that there cannot be better governance without meaningful and purposeful functioning of the House. The present impression is that the House is being increasingly rendered inconsequential in the context of good governance. Surely, the makers of the Constitution or even requirements of a vibrant democracy do not want legislations by noise-based voice votes or by guillotine during pandemonium in the House. This is also an undesirable trend and removes a vital element from the mechanics of public accountability. This is a dangerous trend subversive of the basic tenets of representative democracy.
The ultimate sufferers are the poor voters whose plight is likely to be ignored and remains uncared for. This is inevitable when the representative institution, i.e., the House fails to fulfil its primary duty. One tends to believe that the members of the House have not adequately appreciated the potential dangers of the majority party contributing to the malfunctioning and nonfunctioning of the House. Additionally, there is a reported move to shorten the minimum number of days of functioning of the House in a year. My senior friend Kuldip Nayar, as a nominated member of the Rajya Sabha, voluntarily forwent his remuneration for the days when the House was nonfunctional. He had also written to the Speaker of lok Sabha and to the Presiding Officer of Rajya Sabha to cause a denial of remuneration to all the members. We cannot dream of such a gesture and suggestion by our present representatives in our own State legislature.
It looks as though we have immobilised our “conscience” and some radical steps are required to reactivate the same. The alert voters have now to labour hard to make their representative House become meaningful, purposive and effective. To achieve and ensure this, there has to be a concerted move, especially from the youth who constitute the majority of voters and the issue vitally affects their future. The august House now needs their intervention so as to ensure that democracy is not further derailed. Assertions in this regard are an unavoidable necessity of the day. let not the virus of poverty make every institution poorer and worse. This calls for thoughtful and action-oriented debates and sequential remedial measures on the part of the citizens, who are now at the receiving end of the distortions of the democratic process. These activities could be undertaken by the responsible citizens (more so the younger ones amongst them) through alternate meaningful representative gatherings of the voters. Opinion-making and bold actions by the civil society are now an essential requirement for an effective rectification of the aberrative ramifications of an otherwise vibrant democracy. No wonder, the common man remains unheard, unwept and unsung and only the self-servicing rich and affluent are visibly favoured with undue and increasing indulgence of State-power.
The bell is now tolling and it tolls for all of us. let the sleepy and indolent citizens awake and demonstrate the power of the alert youth in causing the necessary changes in the scenario so as to ensure better tomorrows. And this concerns us all.
(The writer, a Senior Advocate, is a former All India Service officer, a former diplomat, a former editor, a former President of Orissa High Court Bar Association and a former Advocate General of Odisha. jayantdas@hotmail.com)