Selection of Constitutional Functionaries

         

We are in a  situation in which any crisis of confidence, trust, identity, in short even a minor niggle in governance, can be traced back to the injection of  bad politics. Even matters which have no political element,say, a traffic accident, suffers from miscarriage of justice because political interest intrudes into its investigation and final outcome.This being the case, political interference and influence in major matters such as appointment to statutory positions are not a surprise but  a tragic reality.

There was a time when the selection of candidates for the highest constitutional posts, those of President and Vice-President, proceeded smoothly with the dignity associated with those posts. There was a tradition by which the south and the north of the country alternately held these posts. Starting with Rajendra Prasad and Radhakrishnan the system survived for years before the quality of the candidates began to suffer due to political differences within and between parties. Then the north-south balance was discarded and even the topmost posts became subject to hot and sometimes unseemly contests. Some of the appointments devalued those lofty positions.

The most recent episode of the NJAC* ruling of the Supreme Court has set off so much agitated comment and veiled attributing of motives. This shows that even the Supreme Court, the highest and the ultimate arbiter of the land, is not beyond suspicion. A former Supreme Court judge, although known for his seemingly impulsive outbursts, has taken the daring step of submitting to the Chief Justice of India a sealed list of corrupt judges in the higher judiciary.  

A TV programme that reflected supporting and questioning views  on the     NJAC ruling led to the ludicrous impression that the selection panel had to be constituted in such a way that every member would have to have the power to neutralise every other member ! Such was the depth of the trust deficit ! It was also strange that the dissenting judgement of Justice Chalameshwar, one of the younger and progressive judges of the country, came in for no more than a reference in the debate.He has questioned the very basic assumption of the primacy of the judiciary which formed part of the SJAC ruling.

Selecting the right person for the right job has been a problem which management experts have been grappling with for decades. I remember that in the early years of my corporate life of more than forty years I have  seen selection being made  on the basis  of  subjective assessment of Indian employees by expatriate managers. The final selection very rarely had anything to do with professional capability but was based on personal background and acceptability by foreign standards.

The problem is no different in the selection of  constitutional functionaries in India such as the Chief Election Commissioner, , Comptroller and Auditor General and even President and Vice-President.  They are all politically sensitive positions and all stake-holders have their own candidates in mind. With known faces and names ranged in front of the executive, selection is subjected to severe pressures and  so much scrutiny. Disagreement can be unpleasant between parties and the residue of this dissent lingers to haunt the “chosen one” and the executive.

We in the corporate world also faced a similar problem of making a choice from a number of in-house candidates for a particular senior post. The selection panel members had their candidates with whom they had worked and wished to support.  The system ws flawed in that the candidates were assessed by members whose standards were different. Overcoming much resistance a new process was introduced by which a senior management  panel would study the professional needs of each position and draw up ideal specifications. This would be done when there was no vacancy and no name or face in contention When a vacancy did occur the selection would measure the suitability of the candidates against the job specifications and choose the one who is closest to the model laid down. In  practice it was not perfect as human failings in the panel were still a factor but the specifications ensured a higher level of fairness.

Years ago  PC Alexander,former Principal Secretary to Indira Gandhi, was suggested as a presidential candidate  and there was an unseemly disagreement between NDA and Congress. Congress opposed it and Alexander quit the race, a disillusioned man. At that time I recall having written to a couple of leading newspapers that model specifications should be drawn up one-time  for  all constitutional positions when there were no vacancies. The selection would be made by a panel which would have the PM, the Speaker, Leader of the Opposition and three other appropriate top constitutional functionaries, current or former.  With constitutional protection this would in theory ensure that an objective selection would be made at least to fill  the  vacancy thereafter as it arose.

The NJAC matter has shown how intrusive the human factor is. We have to recognise that no system can succeed in an environment and with participants filled with suspicion and vested interests. Add to this the polluted political air of the current times  and one can only speculate on how or when fair and pragmatic selections can  made for positions laid down in the Constitution.

In India today,  there is one spectre that haunts our national life and it is that of the mindless politics being played all round. Whether it be the working of the parliament, stalled legislation, OROP**, targeted violence or even the entire political scene, one sees the impact of power play  and focus on party interests over national ones. Statesmanship is currently a rare commodity in our leadership.

Both BJP and Congress have to discard their ego which is hurting the country and start talking to each other with a view to protecting the dynamics that every country has to sustain for growth. BJP has to recognise that winning a great election is only a starting point and halfway into their term the countdown starts  and judgement day will soon dawn. They, having been in government, will bear the responsibility for any failures and blaming the opposition will not help. There are rumblings already of the PM’s reluctance to bend just that little bit to open a dialogue with the opposition, Congress in particular.Prime Ministers have to be or learn to be statesmen. Modi has everything going for him  but he has to face the painful fact that he is now national  and not party property. His ministers also have to be educated on this crucial aspect of their identity

As for  Congress they have already erred in their emphasis on personal attacks and in single-minded opposition to just about everything   in a mistaken impression of their parliamentary role. Its leadership seems to be unable to think like a national party wih a tradition. Sonia Gandhi has her moment of truth  staring her in the face which she can turn either way to a place as a great national leader with statesmanship or to a test of her proclaimed Indian-ness  in a time of national need.  

India is on the threshold of opportunity to grow as a political and economic player. BJP and Congress as the leading political parties of the nation have to behave as such to grab this moment and agree on a list of national issues which should be kept out of their political differences and on which they should work together.. Bad politicians and bad politics have already done much harm to India.

*National Judicial Appointments Commission

** One Rank One Pension