- The Anna Movement enters decisive phase through its Response to the Challenge. My Reflections on the day he decided to cross the Rubicon, and blew his Panchajanya

The Anna Movement enters decisive phase through its Response to the Challenge. My Reflections on the day he decided to cross the Rubicon, and blew his Panchajanya

(Written at 10 p.m. on August 3, 2012, the day Anna broke his fast to embark on a great political quest)

by Shiva Kant Jha

Some years ago, the then Pope said that silence with which the
world witnessed the Hiroshima was culpable and criminal. Let
not our children ask the question, 'Where were you when mafia
rule brooded over benighted country.'

- N.A. Palkhivala


It is great that the Anna Movement has perceived its kartavy-karma by pushing, in effect, its activities from node 'B' to node 'C' on the line of fire that ascends from mere 'protest' to a 'revolution'.

1. On August 26, 2011, the 11th day of Anna's fast against 'corruption', I had, in the Chapter 22 of my Autobiographical Memoir On the Loom of Time, drawn up the ascending line of fire that illustrates how the grammar of revolution works in history. I drew this line thus:

Grammer of Revolution

And I put my gloss on this image with utmost brevity thus:

"Anna's movement, it seems to me, did not go higher than the point 'B' on the line. I cannot say that the Movement would have gone up on the line, if our government would have been insensitive and unresponsive. History shows that situations do come when from the node 'B' there is a leapfrogging to 'D'. But such a leapfrog takes place when the issues are momentous and widely shared, and the institution at node 'C' shows its irrelevance,"

There is a good justification for ascending to the node 'C'. I wish our nation would get full justice at 'C' itself. Anna's decision to provide a political alternative to the people of India is prudent, and pragmatic.


This Anna Movement is unique because it will have to respond to challenges much more difficult than what Gandhi or JP had faced.

2. What I had written in my Autobiographical Memoir, On the Loom of Time on Anna's Movement sometime in August 2011, seems to me apt even now: to quote two extracts---

"In my considered view Anna would experience greater odds in course of his struggle to free our society from corruption than what Mahatma Gandhi had experienced to free our country from the British yoke, or what Jayaprakash Narayan had faced in the struggle against Emergency. I cannot commit the folly of comparing Anna with Gandhi, or J.P. But the problems they had faced were easier for many reasons. To some extent, Anna's movement reminds us of the struggle Jesus had carried on against the powerful Herodian establishment's 'evil or oppressive economic power', and had worked against the unjust social and economic order of the time. The beneficiaries of that corrupt system considered Jesus 'political' and 'social' rebel (see Chapter 20 of this Memoir) sufficiently dangerous to the persons in power. Anna's struggle is even more difficult. The gains of corruption are enjoyed by the persons in power, and the corporations who cast their spell on the way we live and think. Anna's fight against corruption seems to me more difficult than any struggle for any public cause about which we have read in recent history. All the beneficiaries, of 'corruption' are bound to flock together from all the spheres to devise strategies and hone their Mephistophelian logic, in protecting their illicit gains. They know how to collapse their differences to promote their secret agenda. But let us see what happens in this land of Krishna and Gandhi, Shivaji and Laxmibai. We believe that, in the end, Dharma is always triumphant, Justice always prevails, and Truth always wins. Our society never lost hope, and it shall never lose it in future."

"I had witnessed, and suffered, the Quit India Movement of 1942; I had watched, while at Patna, the J. P. Movement against the Emergency; and now I see Anna's movement, and our people's response to his call. In my assessment, the present movement is sui generis. The Quit India Movement was against the British rule in India; the J. P. Movement was against Mrs. Indira Gandhi's arbitrary rule in breach of Constitution; but the present movement is against the operators from the Realm of Darkness, the MNCs, the corrupt governments, bureaucrats, and corrupt politicians, the very Axis of Evil, the very 'Root of All Evil'. What is happening in our country is great. Whilst 'corruption' has bedevilled our nation over all the decades after our Independence, this evil has grown so much over the recent years that our whole society, our whole system, our whole culture, have come to tread on the path of ruin. Our resources are mercilessly extracted, our environment is cruelly milked, and our national identity is being destroyed. Anna's movement, massive though it is everywhere in our country, is wholly peaceful the like of which our history has not seen. But I wish the wielders of public power get the wisdom to read the message that this wide public response conveys. The whole movement is peaceful, but this lull and peace must not be misread. I hope things do not come to such a pass when Krishna is compelled to put aside His flute, and allow His Sudarshnachakra to come to swirl and revolve above his finger awaiting instruction to operate as the supreme weapon of creative destruction."


Decision to begin a new phase in the Movement with a different strategy is both pragmatic and wise.

3. It is good that Anna and his men have broken their fast. It is no good to die: one must remain alive to pursue cause dear to heart. The Gandhian technique of fasting to persuade a recalcitrant and insensitive government does not always work. Bertrand Russell had insightfully said at p. 431 of his Autobiography:

"Certainly it has an important sphere; as against the British in India, Gandhi led to triumph. But it depends upon the existence of certain virtues in those against whom it is employed. …But the Nazis had no scruples in analogous situations."

4. The breaking of fast with a dedication to pursue the cause was the demand of the moment, and thus it is wholly right. Had Mahatma Gandhi faced the situation that got wrought for Anna, even Gandhi would have broken his fast. Gandhi had himself said in Young India 5.12. 1928 p. 396 that moments can come when methods other than persuasive 'fasting' may become relevant. Please note the unstated meaning, the express tone, and the implied nuance of his pregnant words: to quote

" ......There is no other choice than between voluntary surrender on the part of the capitalist of the superficialities and consequent acquisition of real happiness of all on the one hand, and on the other the impending chaos into which, if the capitalist does not wake up be times, awakened but ignorant, famishing millions will plunge the country and which, not even the armed force, that a powerful Government can bring into play, can avert." [ italics supplied]


The persons in power are accustomed to go into blinkers.

5. We know that there is no presumption that the holders of high posts in governments are always right. But the power-wielders, with high academic distinctions and global credentials, certified by the IMF-WTO combine, believe that they are always right as they are cheered by the syndicate of corporations and the conclaves of culprits. How correct was Nehru when he wrote in Glimpses of World History:

"Men in authority---kings, statesmen, generals, and the like---are advertised and boomed up so much by the press and otherwise that they often appear as giants of thought and action to the common people. A kind of halo seems to surround them, and in our ignorance we attribute to them many qualities which they are far from possessing. But on closer acquaintance they turn out to be very ordinary persons. A famous Austrian statesman once said that the world would be astounded if it knew with what little intelligence it is ruled."

But all the citizens of our Republic must remember what was put so well by John Philpot Curran: "The condition upon which God hath given liberty to man is eternal vigilance".


Our electoral process must change to promote real democracy: Suggestions for a CHANGE

6. Now Anna's Movement has decided to adopt the mode of electoral politics. The nature and the dominant drivers of the electoral process that we should adopt, were highlighted in these words in my Autobiographical Memoir, On the Loom of Time ( Chapter 22 at pp. 338-339 ): to quote---

"It is high time for the citizenry of this Republic to think about the restructuring of our polity to achieve the objectives of our Constitution; and to provide ways for the eradication of corruption. I suggest for the consideration by my fellow citizens two sets of ideas: (a) to improve the present party system; and (b) to go in for partyless government. It is worthwhile to consider prescribing the following as mandatory requirements:

(a) Only the persons really domiciled in a constituency be selected to stand for election from that constituency. It would reduce election expenditure as the people of the constituency would not require a propaganda to make people aware of the worth of the candidates, and their views on matters of public interest. Secondly, such candidates will always be under the electors' critical gaze. Thirdly, such candidates would have better sense of attachment with people amidst whom they lived. Fourthly, they would be subject to socio-cultural pressure from the people of their areas. Fifthly, they would hesitate in resorting to unfair means as they would be under their own men's scanner, and they would hesitate in amassing ill-gotten wealth as they would shudder at their humiliating plight after being found out.

(b) The people of the constituency electing its representatives must have 'right to recall' their representatives if they have acquired ill reputation, or have betrayed people's trust. This procedure underscores the fact that the 'sovereignty' lies with the people. This procedure would not let the representatives forget the people whom they represent. This procedure would inhibit the lobbyists of the corporate world from trying to subvert our institutions for their unworthy ends. No foreign powers or lobbyists would be able to get things done to their heart's content by bribing, or persuading our representatives through pressure and persuasion.

How the procedure to give effect to these suggestions would work should be considered, discussed and devised so that proper balance between stability and change is ensured. A People's Tribunal can be set up in every constituency which can consider serious allegations of omissions or commissions by the representatives, if made on affidavit signed by one-fourth of the voters of the constituency. The Tribunal's decision can be overseen by an Appellate Tribunal, presided over by at least two High Court Judges. In case the final decision is to recall a sitting member of a legislature, the order must be given effect."


Political Parties not a pre-condition for 'Democracy'


7. A political party is 'a group of persons organized to acquire and exercise political power through election or revolution'. Political parties grew in the 19th century, both in Europe and the USA, surely not to promote real democracy but as a device to capture power for the protection of the interests of the 'property holders' , a device that could deceive common people by enmeshing them under the illusion that the parties work for everyone's welfare. Examining the assumptions and strategies of the western 'democracy', I wrote in the Chapter 22 ( 'Our Democratic Republic and its great institutions ) of my book On the Loom of Time: I quote two extracts:

"The victors of the World War fought to protect 'democracy' with messianic zeal but they worked to promote a new brand of imperialism which intended to control resources and economic decision-making. Noam Chomsky has perceptively pointed out that certain great powers of our day consider that "the need ….. for colonization is as great as it ever was in the nineteenth century" to bring to the rest of the world the principles of order, freedom, and justice to which "post-modern" societies are dedicated …."12 And after the World War II, nothing has been used so dexterously to promote the agenda of the United States and of the corporate imperium as this simple sweat word 'democracy'. Reflecting on the U.S. strategies, Chomsky rightly says:

"There is ample evidence of Wolfowitz's passion for democracy and his concern for suffering people, as he lent strong support to some of the most corrupt and appalling murderers, torturers, and aggressors of the late twentieth century."

It is said that Bentham considered the the great Declaration of the French Revolution (The Declaration of the Rights of Man and of the Citizen) a mere nonsense on stilts, 'a metaphysical work — the ne plus ultra of metaphysics'. To our neoliberals, the 'democracy' and the ideals stated in the Preamble, as our Constitution contemplates, are nonsensical. For them 'democracy' means what it means for the USA. And what it means for the USA can be easily understood. 'Democracy' promotes the 'national interests' which means, as Chomsky says, 'the special interests of domestic sectors that are in a position to determine policy.' Marx rightly said: 'The state is an executive committee for managing the affairs of the governing class as a whole'. Our Constitution is sui generis as it breaks new ground by expressessing the 'democracy' with a socialist vision. But we see that those who have worked it have betrayed our trust. The hiatus between expectation and achievements has widened over three years.

"Our Constitution, as originally framed, did not even notice a political party. The existence of political parties in the UK. or in the USA is on account of political and historical reasons. In the U.K., the toxic effect of the political parties has been the emergence of cabinet dictatorship. In the USA, the strict division of powers has saved the situation turning that way. In Swiss Constitution the role of political parties is insignificant. Whilst in the U.K., India, the USA and Japan, political parties had extra-constitutional growth, France recognizes it under its Constitution itself but specifically directs, under Art. 4 that it "must respect the principles of national sovereignty and democracy". In Australia, the political parties are only of 'recent origin', and it is at the periphery of the political system. Under the German Basic Law, the Constitution itself has imposed on the political parties the obligations to adhere to the core constitutional ideals designed to preserve democracy, promote people's welfare, and exclude the risk of the emergence of a Hitler. It is also not correct that our Parliamentary form of government cannot work without political parties. It is quite possible to run a Parliamentary government without political parties. Jayaprakash Narayan was also of the same view.

The Section 29A of the Representation of the People Act, 1951 deals with the registration of a political party with the Election Commission. It prescribes that the memorandum of the political party seeking registration must "contain a specific provision that the association or body shall bear true faith and allegiance to the Constitution of India as by law established, and to the principles of socialism, secularism and democracy and would uphold the sovereignty, unity and integrity of India." This allegiance to our Constitution is under an oath prescribed under the Constitution. To show that the election manifestoes are drawn up with sincerity, the law requires a transparent, specific, and conscious commitment to our Constitution's goals. The election speeches and manifestoes should not be mere 'pious waffle'. Noam Chomsky had this in his mind when he wrote:

"Deceit is employed to undermine democracy, just as it is a natural device to undermine markets".


8. I agree that some organisation must be built to lead a movement, or to pursue a great cause. How it is choreographed is not the matter of sovereign concern at present. We must not carry cobwebs in our mind. Let the movement go on. Organizations will get minted on the way we move. Pre-fabricated formats are both morbid and sordid. If we move ahead, we shall build our cadre structure, we shall consolidate our mass-base. Study the history of great revolutions. Structures and strategies always emerge as responses to the challenges. They are not minted at the IMF, or the WTO; they are not fabricated in the Caymans Islands or the Bahamas; they are not to be made at Jantar Mantar, or the Ramlila Maidan. If the Movement goes ahead on the path of rectitude, more and more persons would join for the cause. We know the story which tells us: how a great man marched for a great cause, and a cavalcade, like none else known to history, sprung up to march with him towards destination. And we also know how the tiny iron fragments just hurled on a magnet get organized and patterned at the magnetic poles. It can happen in a political movement too: persons would come from diverse fields, the same fire burning in their heart, to find themselves integral to a structure that gets begotten as naturally as leaves and branches come out.

9. In this context, I think it proper to record a word of caution. All those who believe in the cause should come together. They should join hands in the Movement's magnetic field. It would be great if the great persons working for great cause show their wisdom by adopting the agenda of the Movement by dedicating the structures under them to function as the veritable cadre in the service of the Movement's cause. They must realise that 'corruption' is the root of all evils. This is the only source of black money. United we stand, divided we fall.

10. The formation that would emerge from the Anna Movement would work on the principles of non-violence. But we must not forget that such a formation can seek political power for common weal under a democratic republic through electoral means, if possible; through revolutionary means, if all roads get blocked leaving no option. Our icon is Gandhi, but so is Shivaji. We have seen Dharmachakra reign, we have also seen Sudarshanchakra at work. What is going to happen in the time to come is for the history to unfold. But the problem is that the persons wielding power seldom learn from history. We are not the calculators of a stock-exchange; we are neither sophisters with brief, nor are we hirelings or harlots. Let us not calculate the things to come as if we are accountants drawing up final accounts. Movements, or revolutions have their unique grammar: efforts for right cause, as the Bhagavad-Gita tells us, never fails,

11. I would request our countrymen to reflect on the possibilities of setting up a Partyless Democracy. Gandhi had appreciated it; JP had pleaded for it; lots of materials are on the internet. A lot of thinking had taken place on how to structure the Partyless democracy. It is time for us reflect on them to forge our way ahead. I had studied them closely, and had evaluated what they say against it. I appreciated this concept. I released my 'Edict of Assertions' at the National Seminar on treaty making power of the Government, held on 21st July, 2007 at the ASSOCHAM House, New Delhi. The Seminar was presided over by former Chief Justice J.S Verma; the Seminar was inaugurated by the Former Prime Minister Shri I.K.Gujral; it had many speakers of eminence, including Shri D. Raja, M.P.; and its Valedictory address was delivered by Dr. Murli Manohar Joshi, M.P. You can read the text at my website: [at]. I had suggested the adoption of 'Partyless Democracy'. I only quote the Preamble of the Edict: the rest is a set of its corollaries which you can read at the net:

"Believing that it is a human specific to draw conclusions from what we see to what we do not see as we are convinced that we alone are our friends or foes, and it would be an insult to our culture to beg for trickle-down effects and to turn suppliant under a system overtaken through corruption and greed of a few denizens of sone ki Lanka;

Recognising that we have created and organized our polity under the limitations of the Constitution which we gave to ourselves in exercise of our sovereign authority which can neither be alienated nor usurped, and which inheres in us enabling us to bring about requisite changes through persuasion, if that be effective; through a revolution if that be needed;

Observing that the throes of painful existence of 97% of our people inhabiting the glorious land of Bharat are being subjected to continuous deception through strategies and stratagems made subtle and persuasive by the Faustian logic of the intellectuals and media;

Finding that the organs of governance, set up under our Constitution, have not given satisfactory account of themselves; and are fast subjugating themselves to the Pax Mercatus the paeans of which are being sung day in and day out by the beneficiaries of the greed-driven corrupt but ever waxing system.

Representing the interest of the suffering millions of Bharat who are anguished to see the continuous conspiracy against their culture and tradition, and noting with distress a headlong decline to servitude illustrating the slave syndrome under which a slave puts on fetteres in his inertia as a matter of morbid habit even when his destiny has set him free;

Noting that now we are at the cusp of history where we must act and act and act deriving light and inspiration from such great role models of revolution as Christ, Krishna, Mohammad, and Gandhi;

Convinced that democracy is not a mere show of elections used merely as a device of capturing power somehow, and then to forget people to be remembered again only when they are needed again for a repeat performance;

Determined to change the present system for the weal of all by removing the cobwebs of studied pretence, and to make the organs of our governance function as per the commands of our Constitution stripping it off the distortions made by the schemers of neo-liberalism working as the harlots for a morbid ersatz version of colonialism and imperialism through its dexterous structure of deception; ...."

12. A lot of thinking on non-partisan system had been done in the West. This concept could not be implemented because the vested interests did not allow it get a circulation. I get that George Washington had cautioned against political parties in his Farewell Address. You may read the following comments in the Wikipedia:

"In the United States, the unicameral legislature of Nebraska is nonpartisan. In Canada, the territorial legislatures of the Northwest Territories and Nunavut are nonpartisan. In New Zealand, Tokelau has a nonpartisan parliament. Many city and county governments[vague] are nonpartisan. Nonpartisan elections and modes of governance are common outside of state institutions."


The profile of those who worked in our Constituent Assembly

13. It is interesting to note that our Constituent Assembly, which framed our Constitution, did not work on party lines. Granville Austin in his The Indian Constitution: Cornerstone of a Nation (at p. 8) noted this fact: he said, "The membership of the Congress in the Constituent Assembly and outside held social, economic, and political views ranging from the reactionary to the revolutionary." Austin comments: "…because the Congress and its candidates covered a broad spectrum, those elected to the assemblies did represent the diverse viewpoints of voters and non-voters alike." The Constituent Assembly had a vision which is spelt out in our Constitution. The Struggle for Freedom [in which my parents participated, and which I witnessed, and suffered with joy] had a vision. What is sad, at present, is that our nation has lost a n over-arching Vision, and has become, it is very saddening to say, a gruesome vision of vast imbecility! We must find out a way. It is our kartavya-karma. It will be great if our nation acquires the vision to pursue the mission of our Constitution, and develops the passion to work to realise the Directive Principles of our Constitution.


Some relevant Questions Raised are briefly answered

14. I apologise for writing this lengthy paper when the present demands pointed answers. I have written the above lines to constitute the backdrop of the short submissions in the following table [persons abler than me would surely come out with more enlightening ideas: even this humble self would remain on a constant quest for better and nobler solutions]:


I answer

(i) Selection ofcandidates

Let the people of the constituency concerned selectits candidate. If more than two candidates come up, let the people of thatconstituency decide. Whosoever be the candidate, he should really belong tothat constituency. People would be the best judge of the worth of thecandidate. None can flaunt its party-ticket, none can plead on the ground ofaffiliation with this or thatparty, or group. No reservationwould be needed for any section. If the people of that constitency wish, theycan elect any man or woman, be hea Hindu, or a Muslim, or this or that. The decision on all material pointswill be by the assembly or concil of all the Gram Sabhas of that constiuency.No foreign intervention would be allowed. But dissemination of ideas, or forthe exposure of crooks any citizen of our country can visit the people totell their brothers and sisters what they must not miss in theirdecision-making. Please see para 6 (a) and (b). I have suggested for theright to recall in certain circumstances. It matters little if the person tobe re-called is just an ordinary representative, or the holder of highposition.. .

(ii) Resourcesto run for election

We would not need much resources to run elections .See my reasons set forth in para 6 (a) and (b) above. It is possible to runelections with no expenditure on the part of candidates. If it happens, themost fecund fount of corruptionwould go. It is possible to end this evil; and our people would love to see thatday when it happens. Besides, resources would surely come for the noble causeas our people are liberal in helping when cause is noble, for the weal of. all.The human commodities of the market-ruled phase of economic globalizationmight have forgotten the Bhagavadgita, but most Indians treasure its ideas asthe governing ideals of their life.

(iii) Structure,and name of the formation for the cause

The dynamics of operation would forge the right'structure'. The passion that would drive us, the vision that would sustainus, the tradition that would keep us erect even in the tempests, would shapethe 'structure'. Read the history of revolutions how 'structures' are shaped,how creative vectors operate, how the flame of revolutionary creativity is protected even in storms, how hopesurvives even after witnessing its flickering flame not capable of survivingeven a whiff of air.

The name of this formation: We can wait till we articulate thedimensions of the Movement, the ambit of its reach. Even a baby newly born waits a few days till the right time for naamkaran comes. However we may weigh such expressions as these: लोकमंगल,लोकसक्ति, जनजागरण, सर्वमंगल, भारतसंतति, जनमंगल, संपूर्णक्रांति, शुभम. DemocracyWatch India; Workers forDemocracy and Social Justice;
Formation (or 'Centre, or Movement, or Union, or Association, ) forConstitutional Socialism; or for Constitutional Mission; or for Democracy;for Social Justice;  

(iv) Organization,and leadership

I havealready mentioned. Even torrential waters have their course; even a vocaniceruptions have their patterns.When there is commitment for a cause, the ways are always found, strategiesare surely minted. There are things we see, there are things unfolding at adistance but surely within our ken; but there are many more things emergingat the horizons. We must have the integrity, imagination and moral focus; wemust have a steadfast convictionthat things done for the good of all never perish.

(v) Agenda ofthe formation

We know it. We also know that its circle is bound toget widened. Its range, and grammar, its tone and tenor, and its sweep andambit would keep on changing.. The zone of operation would have its dynamics:it would grow or shrink in the light the wisdom that passing moments wouldprovide. In every Movement, history moves through the dynamics of Challengeand Response. It is foolish to foresee all: we cannot script our destiny asthe IMF does. We must try to seeeverything on our right to-day. .

(vi) PublicAwareness

Without'public awareness' nothing can be done, because we shall be working with our people, and for our people. One point mostforeigners and their stooges in our country tend to miss: the uniquecharacter of the people of India. We have seen in history, governments getting into servitude,but our people have neveraccepted slavery. . Even formal government in its Western sense, is only optionalin our country. We want ourgovernment to work for our weal, not for those who build their cloud castlesin tax havens, or anywhere else. Iwish that whilst asserting for Justice everyone must work following the motto which Arjuna hadset for himself: na dainyam, na palayanam (no cringing and no abdication of duty).


15, I hope the vested interests, the big corporations, the beneficiaries of corruption, their mentors, and their strategic operators working from the tax havens, secrecy jurisdictions, and other parts of the foggy globe, even the baffling Cyberspace would see wisdom , and help the Movement to succeed. It is midnight when fingers keep kissing the laptop's keyboard. It has occurred to mind that the green lizard high on the wall of my room mutely muttered: " Are you sure that this text, written with more than ten thousand strokes on the keyboard of this helpless laptop, would mean anything for those whose betrayals of public interest are for limitless GREED ? I wondered: I was nonplus, I had no ready answer. But those words came to my mind in which Nehru had insightfully commented on the Fall of Bastille in the French Revolution:

"It is curious how these people become even more foolish as the crisis deepens, and thus help in their destruction. There is a famous Latin saying which just fits them —-quem dues perdere vult, prius dementat,whom God wishes to destroy, he first makes mad. There is an almost exact equivalent in Sanskrit —-vinash kale viparit buddhi."

16. I would end this paper with two quotes for our countrymen to reflect on till the great objectives of the Anna Movement are achieved, or till all is lost; one is from the Bhagavad-Gita, and the other is from the holy the Quran:

uddhared atmana'tmanam Na'tmanam avasadayet

atmai 'va hy atmano bandhuratmai'va ripur atmanah. [2]

The Bhagavad-Gita

'इ_नलाहो ला यूगय यरो मा _बकौ _मनह_ता युगय यरो वा _बन _तसे हुम' [3]

The Holy Quran

Appendix 'A'

The assessment of the role of political parties

"Both the major political parties in our country follow programmes which, on core points, illustrate the same agenda. An expert has observed with perspicacity:

"They [the politicians and political parties] are the prime examples of such behaviour. They are not interested in delivering on promises so they resort to untruths to maintain themselves in power. Cynicism in the public and the individual's alienation from society are useful to them to maintain their hold on power."

We are aghast at seeing our political parties taking advantages under the Representation of the People Act, 1951, but not adhering to our Constitution's socialist mission prescribed by the Act. Our political parties have not shown dedication to remove 'democratic deficit' in treaty-making power, nor have they striven to frame law to govern the formation and implementation of treaties. Whatever they may say for public consumption, they are seen committed only to the neoliberal approaches. They are indifferent to the question of 'moral deficit', as they, for reasons we all know, are not interested in controlling corruption and black money. The ever-growing scams, and the allegations of corruption have shown that all the mighty political parties have behaved almost the same way by selecting tainted leaders, by facilitating the criminals to remain comfortable, by delaying and frustrating legal actions thereby frustrating punitive actions against the culprits.….Inequality in matters of income and opportunities has grown. As both the Congress and the BJP have accepted the neoliberal paradigm, there is now no effective actions to make our society egalitarian. I would mention in Chapter 23 how both the two major political parties helped the Mauritius route to be utilized, against our national interest. Both of them have been indifferent to the rampant corruptions going on our country. Neither of these parties made sincere efforts to bring about effective anti-corruption law. Both these political parties have shown lackadaisical attitudes in implementing the United Nations Convention against Corruption. Both the major major political parties of our country have tried to appease the USA. The BJP was dominant in the alliance that had provided government from 1998 to 2004. Noam Chomsky has observed writing about India:

'Since the government came under the control of the Hindu right in 1998, India has shifted its international instance considerably, moving toward a closer military relationship with both the US and Israeli client…. Addressing the American Jewish Committee in Washington, India's national security advisor, Brejesh Mishra, called for development of a US-Israel –India 'triad' that will have "the political will and moral authority to take bold decisions" in combating terror.'.

Getting down to the brass tacks, the BJP helped the Congress to go ahead with the Indo-US Nuclear Deal. On many points of our great concern, they show through their deeds distinction without a difference. Both try to glitter in borrowed plumes, and their heart, when seen in testing moments, seldom bleeds for the common Indians who love this land and its culture. Both have most often enacted a melodrama of actions inflicting on us the tedium of witnessing shows most often trivial and inane. We have seen how our reticent Prime Minister, Dr. Monmohan Singh, turned assertive, loquacious, passionate and missionary in ensuring that the Nuclear Deal with the US was signed. No amount of well-informed criticism, inside or outside Parliament, had effect on him. India was dragged into a 'strategic alliance' exposing the security of this country to hazards. This Deal might turn out one of secret alliances with the world's hegemone. If something, like the disaster of Japan's the Fukushima Nuclear plant, takes place, perish the thought, in our country; or if our country is driven through frenzied lunacy to the World War III, our history would condemn all those who worked for the said Deal (though by that time they might not remain alive to suffer that). It seems our major political parties pursue almost common agenda. This can be considered the outcome of the monochromatic culture that neoliberal philosophy has promoted. Even in the USA, the elections bear out the commitment of the parties to almost the same agenda packaged in different ways. Speaking about the U.S. election 2000, called " stolen election", Chomsky very perceptively observes that public opinion studies revealed 'that on eve of the election, three quarters of the population regarded the process as largely a farce: a game played by financial contributors, party leaders, and the public relations industry, which crafted candidates to say "almost anything to get themselves elected" so that one could believe little they said even when it was intelligible. On most issues, citizens could not identify the stands of the candidates, not because they are stupid or not trying, but because of the conscious efforts of the PR industry.' And this situation brought about "feeling of powerlessness". Chomsky has noted how in the U.S. has emerged a 'system of one political party with two factions controlled by shifting segments of business community.'53 Almost the same strategy for success at the hustings is being adopted in our country by our political parties. The regional parties have no macro vision, no national agenda; and their observation-post is seen hedged in by narrow considerations. The communists have lost their ways, and are yet to perceive the objectives for which they would like to make themselves relevant. What I had told Mr. Raja, M.P., responding to his Special Address in the National Seminar on "Treaty Making Power of Government" on July 21, 2007, is still my considered suggestions to all our communist friends (see Chapter 20 Section VI). Section 29A(5) of the Representation of the People Act, 1951 mandates adherence to the policy of socialism. The political parties, which show indifference to the socialist ideal, deserve to be derecognized by the Election Commission of India. The political party, which makes a presentation of certain agenda to the people in which it does not believe, acts in grossly fraudulent way. As the Election Commission grants certain statutory benefit, it has an inherent power to withdraw that grant of benefit. If the conduct and the deeds of a political party, after its election, show that it did not believe in what it had stated in the documents seeking registration by the Election Commission, it becomes the duty of the Election Commission to cancel registration granted. Doing so would be in tune with our public policy. We cannot forget what Lord Denning LJ said in Lazarus Estates Limited v. Beasley5: "No judgment of court, no order of a Minister, can be allowed to stand if it has been obtained by fraud. Fraud unravels everything."

Anticipating the criticism of the idea of 'Partyless' government. I would mention, in passing, some specific advantages of the 'Partyless' government:

(i) We have seen that many evils have ensued because of the growth of what is called 'party dictatorship' in which some inner caucus smothers the democratic spirit of the organization by subjecting its members to imposed agenda. This evil would go if 'Partyless' government is formed with shared agenda.

(ii) It is also noticed that many good persons do not come forward to stand elections because the political parties, led by their barons, want only servile persons to come to legislature so that they can be easily shepherded the way the bosses of the parties desired.

(iii) It becomes easy for the vested interests to manipulate our domestic politics if there is a strong party discipline imposed. This helps them to promote their interests by bribing, or influencing, or pressurizing the elements who rule inside a political party.

(iv) Party dictatorship leads to 'cabinet dictatorship' which is never good for a democracy. The partyless democracy would provide a better scope for an assertive and vigilant role of the people."

[1] Shiva Kant Jha, Advocate at the Supreme Court of India, & former Chief Commissioner of Income-tax; the Author of (i) The Judicial Role in Globalised Economy, (ii) Final Act of WTO: Abuse of Treaty-Making Power, and (iii) the Autobiographical Memoir: On the Loom of Time. See for more at . His email- address is

[2] "Let a man lift himself by himself ; let him not degrade himself; for the Self alone is the friend of the self and the Self alone is the enemy of the self." The Bhagavadgita VI. 5 ( Dr. S. Radhakrishnan's Translations)

[3] ("Almighty God will not change the condition of any people unless they bring about a change in themselves.") - Links on Shivakantjha - Links on Shivakantjha

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