The President of India is the symbol of the State. He is also an integral part of Parliament. President Pranab Mukherjee thought it fit on Monday to caution the Modi government on seeking to run the show based on ordinances, suggesting that the short-term legislative power of the executive ought not to be a replacement for due parliamentary processes.
This is wise counsel, coming from a statesman of varied experience of public affairs for a very long period of time, and one whose term in office has been distinguished by a remarkable display of bipartisanship in his approach to policy and politics. In order not to rock the boat, or to give rise to the smallest murmur about any dissonance between Rashtrapati Bhavan and the executive, the President cleared every one of the nine ordinances sent to him for signature. Informally he sought clarification only in respect of the ordinance relating to land acquisition, which he was duly provided by the government.
It is evident that his concerns on the use of the emergency legislative powers of the executive are well-intentioned and well-reasoned, and must be taken seriously. Mr Mukherjee has been a far from garrulous President. So, why did he speak up? The place to look for answers is the arena not only of politics but also of government. In recent weeks, any number of hints through the media, emanating from top levels of the BJP-led NDA government, have indicated that the present regime is prepared to wholly disregard the Rajya Sabha in the process of legislation since it is well short of a majority in the Upper House, and has faced considerable opposition there.
In the first instance, ordinances are being brought to overcome the Rajya Sabha hurdle. But since the obstacle is expected to persist for another two years, those speaking for the government, and its supporters, have gone to town suggesting that the PM and his team will fall back on the expedient of joint sessions of Parliament to have bills cleared for the President’s signature. The President’s sagacious advice is intended to make the government (and the ruling party, the BJP) take pause, and think through the likely consequences. In a purely bipartisan — and objective — spirit, Mr Mukherjee has also used the authority of his high office to tell Opposition parties that a “noisy minority” cannot be allowed to “gag a patient majority”. In brief, he has urged a return to normal business in the House. It is time government managers overcame their hubris and got in touch with Opposition leaders to check out what makes them angry or apprehensive.
It is well to remember that the President has now said what well-meaning commentators have been saying so far.
