E D I T O R I A L

Parliament for Brigands

SELF-perpetuation and to go with the rich and the powerful is nothing new to our legislatures.  Yet the great alacrity the Indian parliament demonstrated in passing two bills sets a new record of sorts. On May 16, just in a few hours and without any regard for the consequences, Delhi (special provisions), Bill, 2006 was passed. The Bill provides for status quo as on January 1, 2006, of unauthorised development in respect of mixed land use, construction beyond sanctioned plans and encroachments by slum dwellers, hawkers and street vendors in the national capital.

In one sentence we could say that the congress and the BJP, which agree on nothing under the sun, approved preying on public land by land mafia and the real estate sharks. It also halted all courageous efforts by the Supreme Court to regulate the chaotic city plans and end the profit game by property pirates. Both the legislature and the executive have not only failed to check the illegal constructions and grabbing of public land by the mafia but also helped the greedy and lawbreakers in all possible manners. Now since only votes count so let the urban planning, canons of justice and the law-abiding citizens go to hell. Let construction anarchy and the loot by the mafia prevail. This is the message for other states and for the future generations.

Delhi has been seized by what concerned citizens call a ‘pirate-urbanisation’, encouraged by rapacious forces.  The sentinels of the city are the principal instigators of this phenomenon in which the grabbers of public lands, the builders of illegal buildings, the creators of unauthorised colonies and the converters of residential units into commercial establishments. These predatory techniques have been crafted well with the active help of the executive and the legislators. The Congress and the BJP all have cheated the public of a planned clean city, free movement and a healthy environment. The parliament by this act also showed that it cared too hoots for canons of justice and fair play. There is no doubt that thousands who have made billions of rupees in this game are rejoicing. And, that public spirited valiant citizens who knocked the doors of the courts and after years got some justice, appeared fools. So much for the custodians of public welfare!

There are now as many as 1,432 unauthorised colonies and over 1250 ‘jhuggi-jhompri’clusters. During the period from June 2001 to mid-June 2005 alone, over 18,000 unauthorised constructions have taken place, besides thousands of illegal conversions. It is a daily business in which the illegal builders, civic authorities and the police besides politicians make huge money every day. The law now only encourages this trend.

Could these lawmakers have done the same if the land had belonged to them or if there were no big votes involved. Ever since the Delhi High Court and later the apex court got into act and dealt a body blow to those illegal occupants of land and brokers of all laws, the politicians had been running for cover until finally the parliament came to their rescue.  This bill would upset urban planning all across the country and the Delhi’s chaotic model would be followed elsewhere too. This would also add to the growing cynicism among the people and worthlessness of our legislatures.

India’s former urban development minister, Jagmohan who had earlier made efforts to bring order to this chaos and end the loot is deeply disappointed. He asked a pertinent question, “ Is it now possible for the Supreme Court to stem the rot and set the matter right without pin-pointing the rusting irons in the soul of our politics and without reminding the political leadership of its constitutional obligations as well as its obligations to the future well-being of the country?”

Let us look at another great feat that the Indian parliament has performed with great swiftness. It unanimously enacted a law under which it exempted certain offices of profit that the members of parliament could hold without losing their membership. Congress President and Chairperson of the ruling UPA Mrs. Sonia Gandhi who quit her Lok Sabha seat as an act of great renunciation is back to parliament after having penalised the public exchequer of several crore rupees as cost of election of the Rai Bareli seat.  The resignation from an office profit as Chairperson of the National Advisory Council as an act of renunciation was possible as she was sure to triumph home from the family pocket borough. The new law exempts this office along with some 45 odd offices. This means that certain offices held by the members of parliament or state assemblies will not amount of profit though these may bring lot of power and other benefits to the members against the unexempted category. The old theory that all men are equal, but some are more equal than others fits very well. The whole exercise started by the Election Commission of India to cleanse the dirty stables has come to naught.

It all began with Samajwadi MP actress Jaya Bacchan losing her Rajya Sabha after a complaint from Kanpur based congress leader. The President marked the complaint to the Commission, which unseated her as she was found an office of profit. The Supreme Court also rejected her appeals. Mrs Gandhi found herself in a piquant situation and quickly resigned from Lok Sabha and several other positions she was holding. Complaints against MPs from all the political parties started flowing in and the parliament discarding the basic objective of the securing independence of members in their discharge of their duties passed another bill to add more offices of profit to the list. It makes mockery of the basic tenets of rule of law as it discriminates between one office and another, though both may provide power and pelf in equal measure. It is not self-aggrandisement at its worst. The members should be debarred from holding any office whether it offers pecuniary advantage or not in order to protect their independence. The laws should deal with this in a simple ands straight measure. The parliament in this case has only subverted the powers and made mockery of fair play and justice.

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