Immunity from investigation for political leaders?

Jagdish R Sharma
Though we are the biggest democracy in the world, the mindset of a section of the political class in India has not changed even after seventy-five years of independence. This section of the political class thinks that democracy is a device that insures people shall be governed no better than they deserve.
Democracy is a rule of the people, for the people and by the people. It means that the soul of democracy has its manifestation in the form of government in which the people elect the rulers. The country’s citizens elect the Government to rule the country and the elected government earnestly work for the welfare of its people. Most countries have adopted a democratic setup.
The irony of the matter is that the same people whom we elect to be fair and sincere, turn to feel superior and seek immunity from laws and probe agencies. There are a certain new group of leaders who emerged on the horizons of Indian polity on the plank of honesty. Brazenly, they are also in the front run seeking immunity. They themselves in the past have levelled serious wild allegations against others. When they themselves cross “Lakshman Rekha”, they cry hoarse and begin to tarnish the image of the institutions.
Let me draw your attention to thenine political leaders who shot up a letter to PM Modi over the issue of central agencies investigating irregularities and money laundering. In another important development, the Supreme Court on April 5, 2023, refused to entertain a petition filed by fourteen political parties alleging Central investigating agencies were being misused by the Centre. It can be construed that they have a “Royal Mindset “that they are superior and may be dealt with differently as compared to commoners. Their mentality can be gauged from the fact when we see their vehicles flaunting in bold letters, the designations and symbols like MP, MLA, BDC, chairman, Sarpanch etc. and they yearn to have vehicles with “Laal batti and Sirens”. They would also jump red lights on the road and had scant respect for common people. They consider it their birth right to keep the official accommodation and status symbol even after relinquishing the office.
The term “royal mindset” generally refers to a mindset or attitude that is associated with royalty. It is often used to portray someone who thinks of themselves as being above others or who has a sense of entitlement.
People with a royal mindset may believe that they are inherently superior to others and may act in ways that are selfish or egocentric. They may expect special treatment or honours and may be dismissive of the needs or sentiments of those around them.
However, it’s important to note that not all individuals associated with royalty have a royal mindset. It’s possible to be born into a royal family without developing a sense of entitlement or superiority over others. We have a couple of examples also to corroborate this point of view in India in general and Jammu Kashmir in particular. On the other side, it’s possible to show a royal mindset without being associated with royalty but having tasted the fruits of democracy once in a lifetime.
“I understand democracy as something that gives the weak the same chance as the strong.” – Mahatma Gandhi. Hence the classical statement of Thoreau that the government is best which governs the least is worthy of consideration.” PM Modi has also coined a slogan and emphasised many times that his aim is ” Minimum Government, Maximum Governance” To quote the Mahatma, “The spirit of democracy is not a mechanical thing to be adjusted by the annulment of forms. It requires a change of heart.”
Amid alleged political vendetta claimed by opposition leaders, ED released data in January 2023 claiming a 96% conviction rate in cases registered against the politicians under the PMLA in which trial has been completed. Of the total cases reported, only 2.98% have been registered against politicians (Sitting or former MPs, MLAs or ministers). With a conviction rate of 96% out of less than 3%, of total cases filed against political leaders, the data thus busts the myth created that central agencies are harassing the rivals. Moreover, there are courts which decide the cases on their merits. PM Modi and Home Minister Amit Shah also faced the central agencies for several years and proved clean but without much clamour and hullabaloo. We should have faith in our constitution, for which they pledge while taking an oath of office.
The Supreme Court on 5th April 2023, told a united Opposition of 14 national parties that political leaders stand absolutely on the same footing as any ordinary citizen of India and are not entitled to “higher immunity” from investigation, arrest or prosecution.
The parties withdrew their joint petition claiming that the Centre was arbitrarily using agencies like the Enforcement Directorate (ED) and the Central Bureau of Investigation (CBI) to arrest and institute criminal proceedings against Opposition leaders who expressed their fundamental right to dissent or disagree with the Narendra Modi -led government.
“A political leader is basically a citizen. As citizens, we are all amenable to the same law. Political leaders do not enjoy an immunity,” Chief Justice D.Y. Chandrachud observed during the hearing.The court referred to instances when a political leader may be accused in a scam involving hard-earned savings or pensions. “Can we say that agencies will not exercise the power of arrest?” the court asked.
The CJI pointed out that the statistics enumerated by the parties applied only to politicians, but the court cannot devise guidelines to apply only to politicians. Any guidelines, especially concerning personal liberty and life, issued by the apex court would apply equally to all citizens alike, and not just the political class.
“When you argue that there is chilling effect on opposition because of CBI/ED cases against opposition political leaders, the answer lies in the political space and not in courts” the Apex court said.
As a citizen we are proud of our four pillars of democracy and whatsoever was said by the Apex Court aligns with the sentiments of 140 crore people of the country. Apex Court did the right thing by not entertaining the petition and it amounts to a slap on corrupt politicians. Does anyone need to be scared if not indulged in illegal or unscrupulous activities? Politicians already enjoy many privileges everywhere, but they also want to be immune to the laws of the country contrary to the essence of democracy.
Prime Minister Narendra Modi while addressing party workers on the occasion of BJP’s 44th foundation day, said Opposition parties had a “Badshahi (imperial) mindset” when in power before 2014. He also said that the BJP was the only party that came with social justice as an article of faith, and not just a political slogan, and worked hard to help citizens without discriminating against anyone.
Amid the din of the opposition parties clamouring against the alleged misuse of central probe agencies, P M Narendra Modi reiterated his promise to the people of India ” nakhaoonganakhaanedoonga (neither will eat nor will let eat) ” on April 3, 2023. After inaugurating the CBI’s diamond jubilee celebrations, he exhorted the CBI officials to act against the corrupt, however powerful, without any hesitation, stating that today there was no dearth of political will in fighting the menace.
While giving an encouraging pat to the CBI, PM said “These people will keep distracting you, but you have to focus on your work. No corrupt person should be spared. There should be no laxity in our efforts. This is the wish of the country; this is the wish of the countrymen. The country, law and constitution are with you.”
It is hoped that in the present dispensation, all the four pillars of democracy- the Legislature, Executive, Judiciary and the Media, each pillar act within its domain but do not lose sight of the larger picture. The strength of a democracy depends upon the strength of each pillar and the way pillars complement each other. They look as if they are evolving intent and polity which can bring quantum change in India. The corrupt and inefficient elements are likely to be discouraged as it has been rightly advised to seek political space rather than be wide on the mark. Likewise in the evolution of species, it takes a long time as evolution is a gradual process.
Now we are entering the process of evolution of clean polity, one can hope that in the future, the royal mindset of a section of the political class would be changed or such people will automatically get wiped out from the democratic system giving rise to a new brand of leaders, who would be empathetic and serve the people selflessly as they should. The larger picture can be seen on the horizon of India, only if the voters exercise their franchise judiciously and each citizen acts as custodians of democracy.