[Marxistindia] CPI(M) General Secretary's note to the meeting of all political parties represented in Parliament

[news from the cpi(m)]

June 19, 2019
Press Release
 
We are herewith releasing the full text of the note being submitted by
Sitaram Yechury, General Secretary of CPI(M), at the meeting of Heads of all
political parties represented in Parliament on June 19, 2019.
 
***
 
Note Submitted by CPI(M) General Secretary, Sitaram Yechury, to the
Meeting of the Heads of all Political Parties represented in Parliament on
June 19, 2019
 
On behalf of the Communist Party of India (Marxist), I express my thanks for
being invited to this meeting and present our views.  The listed agenda
consists of five issues: (a) Ways to improve the productivity of the
Parliament; (b) One country one election; (c) Building of a New India in the
75th year of Independence; (d) Programme and commitments to celebrate
Mahatma Gandhi's 150th birth anniversary; and (e)  Development of the
aspirational districts.
 
We have also been asked to address any other important issue that requires
immediate attention of the government. Hence, I shall raise other important
issues also that need the immediate attention of the government. 
 
On each one of the items listed in the agenda, our viewpoint is also
specifically detailed.
 
I. One Country One Election
 
Apart from the technical issues involved in the holding of the simultaneous
elections to the Parliament and state Assemblies, our opposition to this is
based on the fact that it is fundamentally anti-federal, anti-democratic and
strikes at the root of the parliamentary democratic system, as ordained in
the Constitution.  
 
At the outset, it needs to be noted that the elections were indeed
simultaneous after we adopted our Constitution.  However, elections to the
state Assemblies got detached from the general elections due to the
arbitrary misuse of Article 356 by the Central government.  This process
began with the dismissal of the Communist Ministry in Kerala in 1959.  
 
Holding the Lok Sabha and State Assembly elections together would require
tampering with the Constitutional scheme of accountability of the government
to the legislature.   Article 75 (3) states that the collective
responsibility of the Council of Ministers is to the House of the People.
Similarly, Article 164 (1) concerning the Council of Ministers states that
it is collectively responsible to the legislative assembly of the state.  
 
Under the Constitution, if a government loses the confidence of the
legislature either by being voted out on a no-confidence motion, or, losing
a vote on a Money Bill, it is bound to resign. If no alternative government
can be formed, the House is dissolved and a mid-term election held.  
 
There is no fixity of tenure  enshrined in the Constitution either for the
Lok Sabha, or,  for the state legislatures.  Both Article 83 (2) and Article
172 (1) specify that the term of the Lok Sabha and the Legislative Assembly
will be for five years "unless sooner dissolved".  
 
Any attempt to prolong the life of the Lok Sabha, or, legislature will not
only be unconstitutional but also anti-democratic.  It is the will of the
people through their elected representatives that must prevail.  
 
In order to bring about simultaneous elections, various suggestions were
made to amend the Constitution. One of the suggestions made by a discussion
paper released by the Niti Aayog is that if the dissolution of the Lok Sabha
cannot be avoided and the remainder of the term of the Lok Sabha is not
long, then  a provision can be made for the President to carry out the
administration of the country, on the aid and advice of a Council of
Ministers to be appointed by him/her till the next House is constituted.
This outrageous proposal would make the President head the executive.  This
is bringing an executive Presidency through the back door.  
 
The other suggestion is that if, at the time of the dissolution of the
House, the remaining period is long, then fresh elections would be held and
the term of the House would be only for the rest of the remaining period,
i.e., if the dissolution of the House takes place say after two years of its
term, then, the subsequent election will be held for a three year term.  So,
actually, there will be more frequent Lok Sabha elections, which defeats the
purpose, for which simultaneous elections are being advocated.  
 
The other casualty of the efforts to straightjacket simultaneous elections
will be federalism.  One of the proposals for aligning the Lok Sabha and
state Assembly elections made by the 79th Report of the Parliamentary
Standing Committee, 2015 and the Niti Aayog  paper is to extend the life of
some of the assemblies, or, shorten the tenure of some in a phased manner.
Both reduction of the tenure of the assembly, or, its extension are an
assault on the rights of the states and circumscribes the rights of citizens
to elect  their legislators.  
 
Another suggestion in the case of state legislatures is that if dissolution
takes place after the major part of the term is over, the Governor could run
the state for the rest of the term of the House. This, again, would mean
Central rule.
 
Various proposals are put forth to circumvent the accountability of the
legislature and to ensure fixity of tenure of the House. One of the
proposals mooted, including in the Draft Working Paper of the Law Commission
of India, is that when a no-confidence motion is moved, it must be
accompanied by a motion to elect a new leader of the House. This means that
the right of the legislators to vote out a government is circumscribed and
conditional to their electing a new government.  
 
The right of elected legislators and members of the Lok Sabha to vote out
any government cannot be circumscribed, nor can the  right of a ruling party
which has a stable majority in the House to recommend dissolution of the
House and hold early elections also be curtailed.  
 
In the name of ensuring simultaneity of elections, all these proposals would
enhance the role of the Governor and Central intervention.  
 
India is a vast country with myriad diversities and only a federal set-up
can  sustain political democracy. Having elections in states at different
times is one aspect of the federal system.  
 
We are, therefore, totally opposed to any artificial attempt to bring about
simultaneous elections which can only be done by trampling upon the existing
Constitutional scheme of parliamentary democracy.
 
Role of the Election Commission and Electoral Reforms
 
The Indian Constitution mandates the Election Commission alone the
responsibility to conduct a free and fair election. During the course of the
17th general elections, the role of the Election Commission has come under a
severe dark shadow. The neutrality and impartiality of the Election
Commission is widely questioned.
 
Given this experience, the CPI(M) is of the firm opinion that the current
practice of the government of the day appointing the Election Commissioners
must be replaced by these appointments being made by a collegium under the
sanction of the President of India.  This is the procedure that has been
adopted for the appointment of the Lokpal by the Parliament.
 
The CPI(M) is of the opinion that far reaching thorough electoral reforms
are required in order to  strengthen democracy in the country.
 
EVMs: Questioning the credibility of the electoral process widespread
inconsistencies with the use of Electronic Voting Machines have surfaced.  A
parliamentary legislation  must ensure that at least 50 per cent of the
votes counted by the EVMs are matched with the VVPAT.  Further, all
technical objections that arise from the fact that technology is growing at
a pace faster than human capacities to adopt to it will have to be resolved.
Hence there is a need to reexamine the credibility of the EVMs and
verifiability of the VVPATs.
 
Money Power: These elections have seen the humongous growth of money power.
This distorts reasoned opinion formation by the voter which is the backbone
of an informed democracy.  Laws must be enacted to curb such use of money
power.  This should begin by banning the electoral bond scheme which was
smuggled in the Finance Bill before the Parliament ignoring the opposition
to this scheme at that stage. The Rajya Sabha's consideration was bypassed
since the Finance Bill is a `Money Bill'.
 
Corporate funding of political parties should be banned and we should move
towards a system of State funding.
 
Partial Proportional Representation: No government at the Centre in India,
after we adopted our Constitution, has ever had the support of over 50 per
cent of the votes polled.  Many countries elect their governments on the
basis of 50 per cent plus support of the entire electorate not only of those
who have voted. Democracy, by definition, is the rule of the majority. In
order to ensure that such a democracy  is properly established, the country
must seriously consider a partial proportional representation system.
 
There are many other issues that need to be addressed.  The CPI(M) urges the
government to immediately set-up a parliamentary mechanism to suggest
deep-rooted electoral reforms.  
 
The CPI(M) is of the considered opinion that such reforms are necessary to
restore the strength and integrity of our democracy.
 
 
 
II.  Economy: Issues that Need to be Urgently Resolved
 
1. Alarming Drought Situation
 
According to the Drought Early Warning System, a real time drought
monitoring platform, as of May 30, 2019, more than 43.4 per cent of the
country was reeling under drought.  Failed monsoons are the primary reason.
The north-east monsoon was deficient by 44 per cent in 2018.  On top of
this, the pre-monsoon rainfall (March 1 to May 31, 2019) was the lowest in
65 years.
 
According to the Central Water Commission, water levels in India's 91 major
reservoirs plummeted to 20 per cent of their storage capacity by May 30,
2019.  This is less than the average levels in the past decade. Worse is
that the south-west monsoon, which provides 80 per cent of our rainfall, has
been forecast to be delayed and below normal this year.  
 
The Central government must, in consultation with the state governments,
take appropriate measures on a war footing to tackle this drought situation,
in particular, and deepening agrarian distress, in general.  
 
 
2. Growing Unemployment
 
Official employment data, kept under wraps during the course of the election
campaign, has now been released to show that unemployment levels are the
highest in the last five decades.
 
Urgent measures to generate employment need to be undertaken. During that
time, all registered unemployed must be paid an unemployment allowance which
should be above subsistence needs.
 
3.  Privatisation
 
Reports indicate that the government is proceeding on a plan for large-scale
privatization. This will only compound the unemployment situation even
further. More importantly, this is akin to selling family silver to meet the
daily expenditures.  All blue chip public sector companies and those which
are profitable today must not be privatized.  Efforts must be made to turn
around those public sector units who are incurring losses.
 
We are opposed to the current drive of large-scale privatization of the
railways, which is the running thread that unites our country and its
people.  
 
4. Labour Laws
 
Reports suggest radical changes in the labour laws are in the offing. This
will only increase the levels of insecurity of the working class.  The
Indian working class has earned its rights through struggles and legalized
these  rights even before India became independent.  These rights were
subsequently enshrined in our Constitution. Any attack to dilute these
provisions will not be acceptable.
 
5. Stagnant/Declining Economy
 
The economic stagnation, decline in many areas, is adding to the already
heavy burdens imposed on the people.  The revival of the economy requires
the growth of domestic demand.  This, in turn, can only be achieved through
higher doses of public investment for building our much needed economic and
social infrastructure.  The government must urgently draw up plans in this
direction.
 
6. Data Credibility
 
The credibility of official data has come under a big  question mark.  This
needs to be urgently corrected both for the sake of India's international
standing as well as to assess the ground realities so necessary to take the
required policy measures.  
 
The government needs to appoint a committee/commission to rework the data
parameters and to restore credibility and faith in the statistics that are
being provided.
 
 
 
 
III. `Sab Ka Vishwas'
 
The CPI(M) hopes that the government will seriously adhere to the Prime
Minister's assertion, post-elections, of following a policy of `sab ka
saath, sab ka vikas, sab ka vishwas'.
 
The experience of the last five years, however, offers no confidence to the
people that this would be followed. The instances of the growth of private
armies in the name of `cow protection', `moral policing' etc. have resulted
in the most tragic deaths of the marginalized sections of our society.  
 
Aghast at the reports of incidents of mob lynching, the Supreme Court had
advised the government to adopt a special law against mob lynching.  This,
however, has not happened.  This government must ensure that such a law is
brought into effect at the earliest.  The spread of hatred, intolerance,
terror and fear must be effectively prevented.
 
May we underline that the unity and integrity of India can be strengthened
only by strengthening the bonds of commonality that run through our
immensely rich diversity  and not by seeking to impose uniformity -
religious linguistic etc. - upon this diversity.  The CPI(M) hopes this
government will adhere to this understanding.  
 
This is essential for the building of a New India in the 75th year of our
Independence, an issue that has been listed in the agenda for this meeting.
 
Social Upliftment
 
This government must legislate the Women's Reservation Bill, which is a long
pending promise before the country.
 
This government must seek to strengthen the laws and provisions regarding
the Scheduled Castes, Scheduled Tribes, Other Backward Classes and desist
from diluting them further.
 
With large-scale privatization of industries, education and health, it is
imperative that reservations for the SCs, STs, OBCs and disabled must be
extended to the private sector.
 
IV.  Ways to Improve the Productivity of the Parliament
 
The Indian Constitution defines the centrality of the sovereignty of the
people.  The preamble defines this most eloquently by stating, "We, the
People of India" and "Do hereby Adopt, Enact and Give to ourselves this
Constitution".  People exercise their sovereignty through their elected
representatives who are accountable to the people and the Executive, or,
Government that assumes office as a consequence of elections is, in turn,
accountable to the legislature.  
 
Parliament is, therefore, the key link in the Constitutional Scheme of
Things.   The basic element to improve Parliament's productivity is to
ensure that it meets more often.  The CPI(M) continues to adhere to its
longstanding proposal that, by law, the Indian Parliament must meet not less
than a hundred days in a calendar year. 
 
Before the new year beginning, the schedule for the Parliament sessions must
be announced.  This will ensure greater presence and participation of the
Members in parliamentary proceedings.  This will also ensure that the
foreign tours of the Prime Minister  and other Ministers, or, for that
matter, visits by foreign dignitaries do not disturb the parliamentary
proceedings, as these schedules can now be determined according to the
announced parliamentary schedule.  
 
The government of the day must ensure that the Parliament functions strictly
in accordance with its rules and that the presiding officers will
meticulously follow the Rule Book and subjective considerations will not
prevail. 
The practice of arbitrarily defining which Bill is a `Money Bill' currently
resides with  the Speaker of the Lok Sabha under Article 110(3) of the
Constitution.  Articles 110(1) and 110(2) elaborately define subjects that
qualify  to be treated as a `Money Bill' or not.  Ignoring 110(1) and 110(2)
but invoking 110(3) arbitrarily must be stopped, if necessary, through a
Constitutional amendment.  Both the Houses of the Parliament have their
equal role and responsibility in deciding on matters of public importance
and legislations.
 
Functioning of Parliamentary Committees: More than participation  in the
sessions of Parliament, substantial work takes place in the Parliamentary
Committees where Members meticulously dissect the proposed legislations. The
viewpoints of all stakeholders should be heard before finalizing the
suggestions/recommendations.  Of late, such committee functioning has been
weakened.  This must be corrected at the earliest.  
 
V. Combatting Terrorism
 
It is a matter of great concern that post-Pulwama/Balakot terrorist attacks
have continued to mount. In the state of Jammu & Kashmir itself, at least
four instances have been reported  with more than 10 deaths and nearly a
hundred injured.
 
The alienation of the people of Kashmir must be seriously addressed. The
elections to the Jammu & Kashmir Assembly must be held at the earliest.
This would be an important way to restore people's confidence in the
democratic process.  If the conditions were conducive for the holding of
Parliamentary elections,  we see no reason for the Assembly elections not
being held.
 
VI.  Mahatma Gandhi's 150th Birth Anniversary
 
The previous government had set-up a committee to work out the programmes
for this observation.  We consider this to be a major event that must be
properly observed. I was a Member of the previous committee.  The CPI(M)
would cooperate with the government by offering  our suggestions/opinions on
this matter.  
 
VII.  Development of Aspirational Districts
 
115 aspirational districts have been identified by the Niti Aayog.  These
include districts which were categorized in previous terminology as being
"backward" districts. The five main themes chosen are health and nutrition,
education, agriculture and water resources, financial inclusion and skill
development and basic infrastructure.   The planned convergence of Central
and state schemes  will have to be done in consultation with the elected
state governments.  Likewise, the weightage given to each one of these five
themes must be discussed with the state governments and a consensus arrived
at.
 
The aspirations of a district or an administrative unit at the local level
are best met through democratic decentralization of power to them.
 
Under India's federal system, direct monitoring of district level
development by the Central government, bypassing the state governments, will
not be acceptable.
 
As far as the weightages  that have been prescribed by the Niti Aayog are
concerned, we find the weightage for agriculture and water resources is
below par.  This is true for skill development and basic infrastructure as
well.  These areas are important to ensure a healthy economic development
providing a decent livelihood status for the people there. Failing to do
this results in incapability to restrict the unbridled growth of migration
to urban areas which expands urban slums and leads to the burgeoning of
urban poor.
 
The way forward suggested by the Niti Aayog is to entrust the conduct of
surveys in these districts to the Tata Trusts and the Bill and Melinda Gates
Foundation bypassing the elected state governments cannot be accepted.
 
It is not clear as to what would be the role of the elected state
governments in the districts in their states and their involvement in the
entire concept and implementation of the development of aspirational
districts.
 
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