The document discusses the importance of strong democratic institutions in India and the role of the Indian National Congress party in building these institutions after independence. It argues that the BJP weakened some key institutions like Parliament when in opposition and expresses concern that the BJP may now politicize institutions like the RBI and Planning Commission. The document concludes by stressing the need to protect secularism, diversity, and the independence of institutions like Parliament going forward.

1. Paradigm Shift and Institutions
A functional democracy requires functional and effective institutions. Institutions being the
nerves of a democratic order, their growth and autonomy are vital for smooth functioning of
democracy – political, economic and social. History has witnessed how institutions have evolved
over a period of time and contributes to the nation building process. History has also witnessed
how key institutions have been weakened deliberately by forces not conducive to democratic
affairs, consequently threatening the decline of democratic values in the society.
The Indian National Congress (INC), since it was constituted in 1885, has espoused nation
building through institutionalization of democratic values. The history of the Indian National
Congress is the history of institution building. After winning Independence, the Congress Party
in India was faced with the task of carving out a modern, democratic State from a traditional
society. The party started with a clear definition of the aims and purposes of the new State —
Sovereignty of the People, Constitutional Democracy and Fundamental Rights. An inherited
stable governmental machinery and administrative structure, the adoption of parliamentary and
federal government and the setting up of the Planning Commission provided the formal
apparatus with which these purposes could be realised. What was needed was organisation and
drive to give content to the constitutional forms by building up an institutional continuum that
world lay the basis of a modern, democratic State. The Congress party attempted to strengthen
national unity, to modernise the country, and to operate political and governmental institutions in
order to lay the basis for democracy in India and remained successful in this endeavour. Ever
since, staunch secularism and socialist economics are the Congress’s “core beliefs. The Congress
is committed to the four pillars of Nehruvianism — democratic institution -building, staunch
secularism, socialist economics and a foreign policy of non-alignment — that were integral to a
vision of Indianness.
It is in the interest of the country that these institutions be nurtured and allowed to evolve to meet
the newer challenges. Divisive elements should not be allowed to work towards weakening the
forces that make for national unity by strengthening parochial identities by the means of their
traditional and conservative politics obstructing the process of modernisation and
democratisation. The conflict between the Congress Party and political parties like the BJP is the
conflict of ideas i.e. between the politics of modernisation and the politics of power in a
traditional society. The process of institution building begins with the government. As the new
government has taken charge, it becomes important, in the public interest, to discuss and
deliberate on institution building in India in the light of shift in political power.
To begin with, the highest institution of a democratic set up is the Parliament. Opposition parties
and their constructive role improve the efficacy of Parliament as a legislating authority. The role
played by the BJP as an Opposition in the 15th Lok Sabha is a glaring example how the national
party had sullied the institution of Parliament, the sacred forum, by not allowing it to function

2. effectively. Parliament was prevented from discussing issues of public importance and to
legislate on matters of public welfare. The 15th Lok Sabha was not allowed to utilize even 40
percent of its allotted time on legislation / discussion. 60 percent time of Question Hour was lost
due to disruption by the BJP led opposition, only 10 percent of the starred questions could be
answered orally. Now, they have moved to the other side of the House and hopefully will allow
the Parliament to function. Despite the slogan of Modiji that the new Government will not do
badle ki rajniti but will do badlab ki rajniti, the Congress party and the UPA (which fought the
general elections as a pre-poll coalition) is being denied the post of Leader of Opposition in the
Lok Sabha. Over time and by virtue of Supreme Court orders and legislative rule making and
also in consideration of the role played in appointment to high positions like the Lokpal, CVC,
CIC, CBI Director, NHRC Chairman and Secretary – General, Lok Sabha, the post of Leader of
Opposition has assumed a central role in Parliamentary functions. Therefore, instead of focusing
on petty politics, the NDA Government should institutionalize the LoP post and allow the single
largest party in the House of the People to have the leader appointed as the Leader of Opposition
in the House.
Another institution which was dishonored by the then Opposition was the position of Prime
Minister. Dr. Manmohan Singh, a leader honest to the marrow, was described as ineffective and
remote controlled. It was forgotten that when the entire world was going through recession, it
was Dr. Singh who protected Indian economy from that recession with his knowledge and
acumen. Congress party is a democratic party which gives ample freedom to its leaders and
moreover, there is separation of power between the Party and the Government. Internal
democracy is evident in the structure and functioning of the Congress party. It is not like other
party which is remote controlled from neither Nagpur nor its policies and leaders are imposed on
the party by a super authority.
It is of highest importance in a democratic set up that the independence of Judiciary, the
balancing institution between the Legislature and the Executive, be uphold and the institution
may be kept over and above political considerations and political victimization. The recent tug of
war between the executive and the judiciary on the Gopal Subramanian case is a dangerous
trend. It was highly improper on the part of the NDA government to bring the judiciary into
controversy by politically victimizing Shri Subramanian. The matter went to the extent that the
Chief Justice of India had to express his displeasure on the course of action taken by the
government on this issue. This was not the first time that the judiciary has been brought into
controversy by the self-proclaimed party with a difference. Taking exception to the Supreme
Court verdict charging yoga guru Baba Ramdev of ‘contributory neglect’ that led to the midnight
police crackdown at the Ramlila Maidan, the Bharatiya Janata Party had said that by the same
logic Mahatama Gandhi contributed to the crackdown by the British raj on his protests. Such an
unscrupulous comparison reflects its mindset. A judicial decision or executive order needs to be
tolerated whether or not it facilitates the political agenda of a party.
After 16th May, 2014 when it was decided that the BJP will form the Government at the centre,
discreet news items are appearing in the media that the new Government will undo the policies
and the executive decisions of the previous Government. In this context, constitutional posts like
State Governors and positions of policy importance like the RBI Governor have been dragged
into discussion which are not symbols of healthy governance. The Governors who act as links

3. between the Centre and the States are being advised to resign from their positions. Such moves
by the Government have been criticized by intellectuals who are well aware of the critical role
played by the incumbents. Recently, former RBI Governor Shri Bimal Jalan has expressed his
considered view that office of the RBI should not be politicized. It is only hoped that better sense
will prevail and institutions like RBI, CVC and CAG will not be politicized. The case of
Planning Commission needs special mention. It is in the public domain that for the present
government, Planning Commission is a defunct body of no relevance and it will have no impact
if it is dismantled or its powers and functions are restricted by taking away its key role of
allocating development funds to central ministries. But the fact is that since its inception in 1950,
the Planning Commission has played a crucial and responsible role for planning how resources
would be mobilized and on what they would be spent. Despite the role played by the private
sector, the planning process and the planning commission are still very much relevant to our
economy.
The UPA Government, both in its first and second tenures, has enacted and implemented various
historic laws institutionalizing pro-education, pro-welfare and anti-poverty measures and
bringing transparency in administration. Schemes like MNREAGA and acts like the Right to
Information Act and the Right to Education Act are conspicuous examples reflecting the
objectives and concerns of the UPA Government. Health was another area which has been given
due importance by the Congress government, be it UPA or be it the previous Congress
Governments. Steps were taken to ensure health insurance cover to all the citizens, starting with
health insurance to the BPL families. If we look at how these welfare schemes were implemented
in non-Congress ruled states, a comprehensive picture can be obtained about the priorities of the
political parties like the BJP. Gujarat model of development, flagged as the best development
model by the BJP, has no place for development of human development index. Infant mortality,
malnutrition and dropout rates in the State reflect the areas of neglect by the State Government
there. A small Google search reveals that Gujarat occupies one of the top slots in the list of states
where RTI activists have been killed in recent years. A quick scan of those “killed” reveals that
five out of some 23 odd killed in recent years (22 percent) were from Gujarat. Gujarat is a
laggard in the implementation of the RTI Act. If it hadn’t been for a constitutional necessity to
follow the laws of the land, the Gujarat Government would have done away with the RTI totally.
It’s the same with the Lokayukta, Why have a Lokayukta at all? Gujarat hasn’t had one since
2003. These are key elements in the Gujarat model that Shri Narendra Modi has promised us all.
Secularism is the pillar on which the pluralistic society of India rests on. India is best described
as a nation where unity is possible amidst the diversities. The history of India and the idea of
India are not about domination of minority cultures by the majoritarian culture but about
celebration of diverse cultural entities that exist peacefully within the constitutional framework
of the country. Therefore, the Government of the day should recognize this diversity and work
towards its promotion and protection instead of evoking a sense of fear among those who do not
believe in the theory of cultural hegemony.
But now that the BJP has controlled the central government, the threat of subversion of the
Constitution and the Parliament is very real. To conclude, as long as the extremist political forces
are not ideologically weeded out from the body politic, the threat of extremism subverting
Parliament will be real. The legislature and its capacity to assert its independence flow from the

4. executive’s accountability. This is how the makers of the Constitution conceived the
parliamentary system in our country. Given the obnoxious record of the BJP, the threat is all the
more serious. In democracies the world over, the functioning of the legislature is inseparably
linked to the functioning of a free press reflecting truthfully the development and proceedings in
Parliament. Therefore, in the coming days, vigilance has to be multi-fold to safeguard Parliament
from such pernicious attempts at subversion.
* The writer is a Supreme Court Lawyer and the National Spokesperson of the Indian National
Congress.