Showing posts with label Anti-Corruption. Show all posts
Showing posts with label Anti-Corruption. Show all posts

Thursday, 10 April 2014

Why I Lost Faith in Arvind Kejriwal

Why I Lost Faith in Arvind Kejriwal

Written by Dr. Seshadri Kumar, 10 April, 2014

Copyright © Dr. Seshadri Kumar.  All Rights Reserved.

For other articles by Dr. Seshadri Kumar, please visit http://www.leftbrainwave.com

Disclaimer: All the opinions expressed in this article are the opinions of Dr. Seshadri Kumar alone and should not be construed to mean the opinions of any other person or organization, unless explicitly stated otherwise in the article.

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The Anna Hazare Movement – A Turning Point

I started this blog in August 2011.  I owe my political consciousness today to Anna Hazare’s anti-corruption movement of August 2011.  Until then, I was a mobile vegetable like most other Indians, content to go to my office, do my work, get my salary, watch cricket matches on TV, and see Bollywood movies, but never motivated enough to use the brain I had to think in detail about the kind of society we live in. 

Like most Indians, I had a “chalta hai” attitude.  I used to see the news about some economic policy or other, or some political development, and then drop the paper after a little while and go back to being self-absorbed.  If I had to deal with a government office, some friend would guide me on whom to talk to so that I could get the necessary work done with the appropriate amount of grease money; I never thought much about it except that this is the way it is in India.

I had no real interest in analyzing the conflicting claims of different candidates and different parties; I had never thought much about whether capitalism was better or socialism was, beyond the sound bites I used to hear.  One day one commentator seemed to make sense; another day a different commentator made sense; and, in any case, it was more important to know if India could win the match and to know how many runs were left for us to clinch a victory, so I would change the channel.  I knew little about article 370, and vaguely remembered details of the Shah Bano case from my growing-up years.  

I had lived in the US too, and while I used to follow presidential debates and political analysis on TV channels there, my mind rarely rose to examine things in a serious way.  As with most ordinary folk, the simplest explanations made the most sense to me then, with the result that I thought all the policies of the Democratic party were correct as they seemed to care for the guy on the street (the “aam aadmi”of America.)

The Anna Hazare-led India Against Corruption movement changed all that.  I was transfixed by the sight of an septuagenerian going on a hunger strike to protest against corruption in India.  Like most people in India, I was energized.  I was living in Pune at the time, and even participated in a rally in support of the Jan Lokpal bill.

Starting Leftbrainwave and Songs on Youtube

I wanted the movement to succeed; but I knew that my strengths were not in organizing political movements on the ground.  I could write, though, and so I thought my contribution to the success of the movement would be to write about it. 

So I started this blog; and in a series of articles, I supported the IAC movement.  I first wrote an article talking about how criticism of Anna’s movement as “unconstitutional,” claims that it was tantamount to “blackmailing the government,” and accusations that he was being disrespectful of the constitution, and so on, were baseless; wrote about my feelings on the day Anna was released from jail, which were simply a reflection of what most Indians were feeling that day; talked about the biased coverage of the movement in Indian cable channels; discussed the nature of the opposition to Anna Hazare’s movement among intellectuals, more than once; compiled information on the support for Anna Hazare in protest marches throughout India to counter the propaganda that this was a movement limited to urban middle-class people; criticized an article in the Wall Street Journal which claimed that the Anna Hazare movement could not be compared to the Arab Spring; wrote articles in support of the movement when it was criticized for being disrespectful to parliamentarians; wrote articles in support of Kiran Bedi and Om Puri when they were threatened with privilege motions by members of Parliament for criticizing the government; and even wrote a celebratory article when parliament agreed to a “sense of the House” resolution agreeing to Anna Hazare’s three main demands.

I was even energized enough to compose a song in support of the Jan Lokpal movement and sing the song, which I wrote originally in Hindi (based on the Golmaal title song featuring Amol Palekar), and then translated into Tamil and Telugu as well.  And I was not even part of the India Against Corruption organization!  I was simply doing this on my own initiative, because I liked what they were doing.  (Just to clarify: I have never been part of the AAP either; all my support for either IAC or AAP has been from the outside.)

But today, I am writing to tell you that I do not support Arvind Kejriwal or the Aam Aadmi Party.  I will not vote for them.

What has changed in my view?  Why did a person, who has spent so much energy and passion supporting Anna Hazare, as well as Arvind Kejriwal and the others who formed the core of IAC and went on to form the AAP, decide they were not good for India’s future?  Read on to understand the reasons.

“Anti-Corruption” Does Not Make a Party

About a year after their highly-successful and visible anti-corruption campaign in August 2011, Team Anna completely disintegrated.  I have written in detail on how and why this disintegration happened in a summary article a year after the August 2011 protests.  Essentially, by this point, one year after their great success, the Anna movement had lost all steam, was unable to draw any crowds in their rallies; and their repeated fasts were losing their sheen, so much so that those involved in the fasts had to give excuses to terminate the fasts so as not to die an ignoble death.

While people were writing off the IAC as a footnote in India’s political history, Arvind Kejriwal sought to reinvent himself by transforming IAC into a political party, the Aam Aadmi Party.  I was not delighted by this development, as I felt they should focus on their core competency, which was to be a pressure group to achieve an objective, not a political party which required core competencies in several areas, for which they were not equipped.  As I wrote in my summary article on the IAC movement,

A movement can be based on a single issue; a political party cannot.  A political party HAS to have a position on every major issue facing the nation: foreign policy – whether to align with the US, with Russia, or China on any issue; what to do about our nuclear capability; whether to further implement the US-India nuclear agreement; whether to allow FDI in multi-brand retail; whether to take any action against the Sri Lankan government for attacking Tamil fishermen; whether to build roads in Arunachal Pradesh to match the Chinese level of development on the border; whether to implement more or less reservation in education and jobs; how to accelerate the pace of infrastructure building in the country; what kind of economic liberalization measures needs to be undertaken in the country; how to make Indian education more effective, and to create students who not only finish school, but actually possess skills in reading, writing, and arithmetic; how to effectively realize the benefits of India’s demographic dividend; how to eliminate the corrosive effects of casteism in India and to truly raise the living conditions of the poorest of the poor; how to resolve the border conflicts with Pakistan and China; and a hundred other such crucial and pressing issues.

Team Anna neither has the experience nor the ability to deal with most of these issues.  The key attribute of most of their principals, as has already been highlighted above, was an unassailable integrity.  While they were great leaders in a campaign for probity in public life, it would be too much to expect them to have answers to all these questions.

Inflexibility and an Inability to Achieve Consensus

Another reality about the IAC/AAP people that I had begun to notice after a year of following them was that they were not willing to accommodate diversity of opinion.  This had been pointed out quite early in the movement’s history, as far back as August 2011, by commentators, but I was too taken in by the movement’s dynamism to take those criticisms seriously.  In fact, I wrote a rebuttal to it in my very first blog article, on the “misinformation in the media about the Anna Hazare movement”:

Anna's proposed Jan lokpal bill has been out in the open for 8 months.  The reasoning behind the bill has been publicly explained by them and debated all this time.  The bill has received intense scrutiny and discussion in the media over this time and the team has received 1300 suggestions from various people that they have incorporated into it, according to Arvind Kejriwal who stated this in an interview on TV with Karan Thapar.  The current version of their jan lokpal bill, according to Arvind Kejriwal, is the 13th.  In contrast, how open has the govt's bill been?  Did they consult anyone except themselves?  It is clear to everyone except those who do not wish to see that Anna Hazare's people are open to valid criticism of their bill and are willing to change the draft if a valid objection to it is raised.

Arvind Kejriwal and Prashant Bhushan have made it clear in interviews on several TV channels that they are open to modifying the draft.  A debate in parliament, if conducted in good faith, taking Anna's bill as a base, and then modifying it suitably, will, I am sure, not be objectionable to anyone in the Anna camp.

Anna's public stubbornness should be seen for what it really is: a negotiating tactic.  I am sure he is willing to negotiate with the govt., but do you really expect him to announce that on national TV and reveal his hand when the govt has not made any conciliatory overtures?  But his team has made it clear that while they are willing to negotiate, the negotiation is about issues like implementation, etc., not about corruption or about leaving some people out of the ambit of the bill.  I think this should be viewed as reasonable; the aim of the lokpal is to eliminate corruption; how can you negotiate on corruption?  The govt. continues to be stubborn and sound like a stuck record; but I don't see commentators talking about how the govt. is behaving in a high-handed and dictatorial manner, and how it completely is ignoring the wishes of the people!

Sadly, I was wrong and the commentators I was rebutting were right.  Anna Hazare, Arvind Kejriwal, and the rest of the team made it clear, time and again, that they would accept ONLY their version of the Jan Lokpal; that any additions, omissions, or modifications suggested even by prominent social activists like Aruna Roy and Jayaprakash Narayan would not be acceptable to them.  I had high hopes that they would conduct a national debate on the Lokpal Bill and, in consultation with the other civic society members, present a unified bill that truly represented the views of the people in the interests of the people.  Anyone who raised an objection that the proposed Lokpal of the IAC might be too powerful for India’s good was immediately shot down as someone in cahoots with the corrupt politicians.

This same tendency carried over to the AAP that was born from the ashes of the IAC.  During the 49 days that Arvind Kejriwal was CM of Delhi, the party would not listen to any objection to any of its proposals.  It was always my way or the highway.

The Problem with the Basic Premise – the Genesis of Corruption

As I kept discussing these ideas with friends, reading more literature, and writing articles on the subject, one thing became clear to me – that first IAC, and then AAP, was mistaken in understanding the core issues of corruption and how it happens.  I realized that the Lokpal does not really address the root cause of corruption.  Let me explain this.

The root cause of corruption is discretionary power.  Politicians are able to demand bribes for decisions that they can take because they are entrusted with too much discretionary power.  The best way to remove corruption is to remove the discretionary power that lies with politicians.  

Asking for a Lokpal while allowing politicians to have discretionary power is akin to asking a wolf to guard sheep and then having a committee to punish the wolf after it has eaten a few sheep: you are asking to have a policeman to punish the erring wolf, but not solving the root problem, which is that you should never put a wolf in charge of guarding sheep.

In the same way, the resources of the nation should not be in the control of politicians.  Remove discretionary power, and the politicians cannot be corrupt even if they want to be.  As long as the government retains significant control of resources, they will continue to have discretion in how to use those resources.  The only way to remove their discretionary powers is to end their ownership of state resources.  In other words, privatize.

This will require large-scale disinvestment (at good market values) of most of India’s infrastructure, such as oil and gas, minerals and mining, ports, energy, railways, and the like.  Except for a few critical, national-security-related industries like defense, most industry needs to be privatized for government corruption to end.

In addition, even for things that need to be under the control of government, there are too many hoops for people to go through.  For a business to start in India, there are dozens of clearances that it has to obtain, and each clearance means a bribe to a different officer.  This maze of regulations needs to be greatly simplified – and a Lokpal will not solve it.

This does not mean that there should be no regulations.  There should be regulations, but they should pertain to performance, not permits; and they should be streamlined.  For example, if someone wishes to set up a power plant, they should not have to submit a proposal and hope for a subjective approval; instead, the guidelines for a power plant should be openly and clearly published on a website – what kind of environmental impacts are allowed, what kind of resources can be granted, and so on, and if an agency wishes to set up a power plant, all that should be needed is a check that they have fulfilled all the necessary requirements, which does not even need to be done by the government itself, but by a third party regulator – in the same way that the government itself does not scrutinize the balance sheets of companies – that job is done by independent auditors like KPMG or E&Y.  The role of government should be limited to setting the standards and nothing more.  This will eliminate government corruption in one fell swoop.

Further, the Lokpal will put a much greater strain on the already-overloaded judicial system of India, which has arrears of decades.  Indian courts are poorly staffed and even high-profile cases like the 1993 Mumbai blasts take 20 years to be decided – and that is a case where 350 people died.  So the demand for a Jan Lokpal is poorly thought through, and there are more effective remedies for corruption.

It certainly isn’t worth giving up elected office for.

Hit-and-Run Politics and U-Turns

Having formed the Aam Aadmi Party, Mr. Kejriwal, in an attempt to stay in the limelight, publicly proclaimed that he would expose the corruption of the major parties.  One week one heard that he had exposed the illegal land deals of Robert Vadra, the son-in-law of Congress President Sonia Gandhi, in Haryana and Rajasthan; another week one heard that he was exposing the illegal affairs of Nitin Gadkari, at the time the BJP President, in diverting water meant for poor farmers to rich industrialists; a third week he would talk about Union Minister Salman Khurshid embezzling funds from his trust where he supposedly donates free wheelchairs; and the fourth week one heard that he was exposing industrialist Mukesh Ambani for corruption in gas pricing.  In none of the cases did he stay the course long enough for an investigation to be completed and the accused to be proclaimed guilty.  For all the allegations, Mr. Kejriwal did not even press a single criminal case.  The popular perception was simply that he was doing all this to stay in the limelight.  The impression was firmly that of a dilettante rather than a serious politician.

In addition, Mr. Kejriwal, whose IAC had been on fairly friendly terms with the BJP when he was associated with Anna Hazare, suddenly developed a severe antipathy for the BJP when he had formed the AAP.  Although initially he stuck to the script and said that both national parties were corrupt, the anti-Congress talk quickly evaporated and all criticism was directed at the BJP.

As if this were not enough, the man who had made his political life on the basis of an anti-corruption campaign suddenly started claiming that corruption was now a secondary concern and that the primary focus of the AAP should be fighting communalism, a veiled reference to the BJP, whom he was accusing of being communal.

In line with this changed focus were several photo-ops, wherein Kejriwal was seen with fundamentalist Muslim clerics, praying at mosques, and circulating pamphlets exhorting the Muslim community in Delhi to vote for the AAP, for which Mr. Kejriwal was pulled up by the election commission for model code violations.

This sudden change in emphasis was extremely puzzling to most people and gave them the impression that Mr. Kejriwal was as opportunistic a politician as the ones he liked to criticize.

The Delhi Fiasco

Despite all these misgivings about the AAP and their central election plank, viz., the Jan Lokpal Bill, I was still optimistic when the AAP actually won 28 seats in the Delhi assembly polls and were offered the chance to form a government in Delhi.  Despite my understanding of their past inflexibility, as discussed above, I still had hope that they would see their mission as broader than just the Jan Lokpal bill; that they would understand why a state like Delhi could benefit greatly from people who are genuinely interested in doing good; and that Lokpal bill or not, here was a chance to demonstrate to the world how clean, good governance was achievable in India.  There was some drama about this, and I wrote with much concern at the time, urging the party to take up the reins of power in order to make a difference – with a warning that failure to do so would doom them to irrelevance, much as failure to take the best offer from the UPA government at the height of the IAC’s influence doomed it to irrelevance.

To my relief, the AAP agreed to take up governance in Delhi.  I was, by this time, not a big fan of the party, because of various pro-socialist statements from key people in their party – recall that I believe socialism is a pathway to corruption as it strengthens the discretionary powers of the state – but I still wanted them to succeed in Delhi to set an example for the entire country as to how a clean administration can deliver.

Unfortunately, the AAP disappointed again.  In their brief, 49-day government, the party preferred to court controversy rather than focus on serving the people.  Their manifesto talked about issues for which they needed support from the Congress and BJP parties, as well as issues over which they needed no support whatsoever.  Examples of the former were a demand to have the law-and-order framework entirely under the control of the Delhi state government and the passage of the Jan Lokpal bill.  Both of these required the central parliament to act in cooperation with the Delhi government, and the AAP government did not get the necessary cooperation.

But they knew that this was the case when they assumed power – that they could not expect a lot of cooperation from either of the national parties, especially on matters which needed to be settled in the Lok Sabha (powers of the Delhi state, for example.)  There were still a lot of issues on which a clean and sincere government could do much, and the AAP started a lot of initiatives, but was unable to complete anything because they ruled for so short a time.  For instance, an initiative they undertook was to try to make arrangements for homeless people to sleep in a makeshift shelter during the harsh Delhi winter.  This is a laudable initiative, and had the AAP government stayed its course, it might have well been able to deliver.

Another initiative floated by the AAP was to provide toilets in all public schools and to increase the number of schools.  A third initiative was to rationalize the price of water and electricity, for which they promised to conduct an audit of the utilities to determine if corruption had been occurring, and if so, what would be the correct pricing for these utilities.

While these were all worthy initiatives, and I wish the AAP had pursued a lot more of these, they quit within 49 days over the fact that they did not get cooperation in passing their pet Jan Lokpal bill.  Immediately after the bill was defeated, Kejriwal announced that he was quitting the government.  The same inflexibility they had shown earlier was continuing to dog them.

Mr. Kejriwal announced his party’s resignation from power without so much as a thought for the millions who had backed him.  In particular, he had exhorted people in Delhi to not pay electricity dues, arguing that the rates people were being charged were too high, and that when he came to power he would see to it that the rates were revised down with retroactive effect.  About 24,000 people defaulted on their bills as a result of his exhortation.  Well, he did come to power, and he did reduce the rates, which in itself was controversial, because it meant that only those who had supported him availed of the subsidy – clear nepotism and a violation of equality under the law – and attracted widespread criticism.  The move was also criticized as financially irresponsible because it was not based on any careful financial analysis but populism.  The final goof-up in this massive exercise in stupidity was that he did not make any provision for the Rs. 6 crore subsidy in Delhi’s budget, as a result of which the subsidy lapsed.

For me, personally, Kejriwal's resignation was the straw that broke the camel’s back.  Here was an opportunity to do so much for a city state like Delhi, and here were people who were willing to give up ALL this for one single issue.  That was what proved to me that this was an impractical bunch of people who could never achieve anything – never, at any rate, as long as Mr. Kejriwal was their leader.

Whenever I walk around Mumbai, or Pune, or Bangalore, or any other city I have either lived in or visited, I think of how much I could do to change the place if only I had the authority.  How, even if I had a portfolio generally considered “unimportant,” such as tourism, I could make a difference.  For instance, when I visited Delhi a few years ago, I had the chance to visit Humayun’s tomb, a world heritage site.  For all its billing, the site had very little help for the tourist.  There was very little signage telling you what you were looking at.  I remember how tourist sites in the west are so well-developed.  As I was standing in Humayun’s tomb, I was thinking of all the things I could do to make it a truly world-class tourist site.

And this is just about one small, fairly unimportant issue – but something that can have a huge domino effect.  Think of all the things one can do to make things better when one has control of an entire city-state – schools, public transport, water, electricity, food supply, hygiene, hospitals – the list is endless.  The AAP had that power and control.  They chose to throw away this opportunity on this single prestige issue.  That is what tells me these people – and especially their leader, Arvind Kejriwal – are not serious about providing good governance.  And I would never entrust such a party with the affairs of the entire country when they cannot manage to run a city.

Mr. Kejriwal seems more concerned about grandstanding and about winning seats in the Lok Sabha.  In a recent debate on facebook, one of their party volunteers proudly informed me that “quitting Delhi was a planned strategy and well-scripted.”  I asked him if they had told the people of Delhi about their plan to quit the administration within 2 months if elected.  Had they told them this truth, would they have gotten their 28 seats?  This shows that the AAP betrayed the people of Delhi; that they never had any intention to govern if elected, but were only using the Delhi election as a springboard to the national elections.

By acting in these ways, the AAP has proved that it doesn’t embody a different kind of politics, as they have been claiming all along.  They are (at least their leaders are) as cynical as the worst political party, and their so-called “sacrifice” of power in Delhi was simply a gambit to get more power at the national level.  Their leaders are as power-hungry as those from the worst political party, and the mask of righteousness has finally been torn off their face.

Concluding Thoughts

The citizen’s movement that started with Anna Hazare’s “Indian Monsoon” movement in August 2011 has run its full course.  The movement began well, and had the salutary effect of awakening the Indian citizen to the awareness that he or she needed to be actively engaged in the politics of the nation; that he or she could not blindly entrust the politics of the nation to its politicians and simply vote once in 5 years and expect things to be fine.  The citizen has to be an active participant in the politics of the nation.  This realization is certainly a strong positive outcome of the movement of Anna Hazare.

However, the party that has sprung from this movement, the Aam Aadmi Party, has failed the people.  The party has betrayed both the people of Delhi who elected it to power, as well as its own volunteers, many of whom left lucrative jobs in a spirit of service to do good for the nation.

I don’t believe, however, that the idea of the AAP is dead.  The idea that the common people of the country should get together to form honest parties that aim to do good for the country has now been established as a credible alternative reality.  Unfortunately, this particular incarnation of the idea has failed, due to flawed, egotistical, and obstinate leaders like Mr. Kejriwal who have put their own ego ahead of the well-being of the party.

There is no reason why a different incarnation of a people’s party, composed of ordinary Indians unconnected with political parties and big money, should not work.  We should be thankful to the AAP that it showed that one can win an election without being well-connected and well-funded, and can still win 29% vote share in an election such as the Delhi assembly.  They have broken new ground and shown people that this is possible.

However, two important requirements have been shown to be very essential by the experience of the AAP, and any future party should clarify these before engaging in a similar endeavour as the AAP. 

One of the major flaws of the AAP is that they were a single-issue party that was only concerned about corruption.  Any viable political party should have a detailed internal manifesto on all major issues that all party members must be in agreement on – religious affairs, economic direction, industrial policy, defence, urban development, natural resources, environment, and the like - else there will be conflict on the party direction.  The AAP’s brief history clearly illustrates the importance of such an internal manifesto.  Having such a manifesto would have prevented embarrassments like Prashant Bhushan shooting off his mouth on Kashmir.

The second requirement is the need for educated followers of a new party like the AAP to be independently aware – to study issues independently, and to form their own opinions.  One of the signal flaws that I noticed in the party was that most of the people were simply following the leader, viz., Kejriwal.  They had little independent thought, and were simply parroting their leader’s statements on facebook and twitter.  How different is this from the hundreds of illiterates who follow a Lalu Prasad Yadav or a Mayawati?  Most of the AAP volunteers are educated; but this education seems to have done little to awaken their own desire to be informed participants of a democracy and a democratic party.  Unless Indians start to think independently, the future is bleak.  It is time to get rid of your intellectual laziness; otherwise, just as your father’s generation was exploited by leaders like Lalu, Nitish, and Mayawati, your generation will be exploited by self-servers like Kejriwal.

It might seem to you that I am writing the obituary of the Aam Aadmi Party.  If so, you would not be mistaken.  I don’t expect this party to be viable for much longer after the general election.  But the death of the AAP might well be the start of a new beginning.  The countless volunteers who have supported this party and contributed to its growth will not quietly fade away.  Their desire for a better India will find a new, and hopefully a less egotistic and a more coherent voice for expression.  It is a vision one earnestly hopes does translate one day into a reality.

Sunday, 23 October 2011

The Criminalization of Indian Politics - Part 1


The Criminalization of Indian Politics – Part I

Written by Dr. Seshadri Kumar, 23rd October 2011

Copyright © Dr. Seshadri Kumar.  All Rights Reserved.

Please visit http://www.leftbrainwave.com for other articles by Dr. Seshadri Kumar

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Introduction and Motivation

My interest in this subject started with the whole Om Puri/Kiran Bedi controversy that happened during Anna Hazare’s anti-corruption fast at Ramlila maidan in New Delhi in August 2011.  During that event, on one memorable evening, Team Anna activist Kiran Bedi mocked politicians as hypocrites, and actor Om Puri railed against politicians, calling them such things as “anpadh” (illiterate), “ganwar” (ignorant), and “lootere” (robbers / thieves).  An angry parliament soon after decided not to take these insults lying down and issued “breach of privilege” notices against Kiran Bedi, Om Puri, and a few others.

While my initial reaction to this was to look at the legality of these notices, and I have written extensively on that point (see, for example, http://www.leftbrainwave.com/2011/09/are-breach-of-privilege-notices-sent.html and http://www.leftbrainwave.com/2011/09/does-parliament-have-right-to-issue.html), I also wanted to know the answers to some questions:

1.      How criminal, indeed, are our politicians?
2.     How true, exactly, was Om Puri when he called MPs lootere and anpadh?

ADR – The Association for Democratic Reforms

So I started searching the internet for answers.  And I found some great stuff online at the website of an organization called Association for Democratic Reforms (ADR) (http://www.adrindia.org).  Here they have collected information on various facts, including the declared assets of all MPs and MLAs, the pending criminal cases against our MPs/MLAs, and many other facts worth knowing about our honourable representatives, based on affidavits signed by the honourable members themselves.

While I found the website itself very useful, I wanted to look at the data a bit closer, so I asked ADR to provide me some of the raw data, which I could mine for more information, which they were kind enough to do.  I have been mining that data for more trends.  But before I present that research, I first wanted to highlight the excellent work that ADR has been doing as essential background reading so people give credit where it is due.

This first part article is based chiefly on this ADR report: http://www.adrindia.org/files/High%20level%20criminal,%20financial%20&%20educational%20analysis%20LS%202009.pdf.  While it is a great report with excellent research, it suffers from one major deficiency, viz., the data is presented in tabular rather than graphical form.  I have always believed in the old maxim that a picture is worth a thousand words, and so my chief contribution in this article is to convert their report into graphical form so people can easily capture what is in the report, as well as provide some commentary.

High-level Trends

An overall picture can be understood by absorbing the following points:

·       The number of Lok Sabha members of the 2009 House with pending criminal cases against them is a whopping 162 out of 543, or nearly 30% of the entire house.  This is an increase of nearly 27% from the corresponding number (128) in 2004.

·       The number of LS members in 2009 with serious pending criminal cases is 76 out of 543, or 14%, an increase of 31% over the 58 members in 2004.

·       The total number of pending criminal cases against House members is 522 in 2009, compared to 429 in 2004.

·       The total number of serious IPC (Indian Penal Code) charges was 275 in 2009, as opposed to 296 in 2004.  (see Appendix for what is considered “serious.”)

·       The last mentioned statistic is the only ameliorating one in the series of dismal trends.  It indicates a reduction in violent crime among the charges attributed to the honourable members, and indicates a shift towards other, “lesser” crimes, such as false statements under oath, promoting enmity between different groups, giving false evidence, etc.

·       There were 156 crorepatis (valued in excess of Rs. 1,00,00,000 = $200,000 at the current exchange rate) in the 2004 LS, compared to 315 in the 2009 LS, an increase of 159, or 102%.

·       302 MPs, who were elected in 2004, contested for re-election in 2009.  Their average asset value in 2004 was Rs. 1.92 cr. and in 2009 was Rs. 4.8 cr., an increase of Rs. 2.9 cr, or 289%, which comes to an annual ROI of 60%.  Clearly, politics is the best investment in India.

·       The average asset value of an MP rose from Rs. 1.86 crores in 2004 to Rs. 5.33 crores in 2009, a 186% increase.

·       Wealthy candidates had a significantly higher chance of winning elections
1.      32.65% of the candidates worth Rs. 5 crores or more won
2.     18.47% of the candidates worth Rs. 50 lakhs to Rs. 5 crores won
3.     6.28% of the candidates worth Rs. 10 lakhs to Rs. 50 lakhs won
4.     Only 0.43% of the candidates worth less than Rs. 10 lakhs won

Analysis by Party and by State

Figure 1 shows the percentages of MPs from each party facing criminal charges.
 Figure 1.  Percentages of Party MPs Facing Criminal Charges (Lok Sabha 2009)


The data labels on the bars show how many MPs each party has.  The top two national parties, the Congress and the BJP, have 21% and 38% of their MPs facing criminal charges.  Of all parties with 3 or more MPs, the Shiv Sena has the largest percentage of MPs facing criminal charges (82%), followed closely by the RJD (75%) and JD (S) (67%).

Figure 2 shows the corresponding percentages by state.  Jharkhand leads the pack at 57%, followed closely by Maharashtra at 54%, Bihar at 45%, Gujarat at 42%, and UP at 39%.  The picture changes somewhat when only serious criminal charges are being considered, as can be seen in Figure 3.

When considering only serious criminal charges, UP leads the pack with 28%, followed very closely by Gujarat at 27%, Maharashtra at 21%, Karnataka at 18%, AP at 17%, TN and Bihar at 15%, and Jharkhand at 14%.

For those interested, the ADR report also gives a list of the top 35 MPs with the most criminal cases against them.

Figure 2. Percentages of State MPs Facing Criminal Charges (Lok Sabha 2009)

Figure 3.  Percentages of State MPs Facing Serious Criminal Charges (LS 2009)

Still a Nation of Kings and Queens

The second part of the ADR Report deals with the effect of money on politics, and the facts are frankly damning.  The reader can probably already gauge that from the summary in the section titled “High-Level Trends,” but a look at a detailed analysis is even more stunning.

Figure 4 shows the percentage of MPs from each party who are crorepatis.  For an American, a crore might not be a huge number, but in India a crorepati is a very rich man based on what he can buy with that money (think of a millionaire in the US.)
Figure 4.  Percentage of Party MPs Who are Crorepatis

It is amazing to see that of the MPs from the ruling party, the Indian National Congress, nearly 71% are crorepatis, clearly highlighting the influence of money on politics.  More than half of the MPs from the second largest party in the Lok Sabha, the BJP, are crorepatis. 

With the notable and glaring exception of the CPM, which frankly tends to bolster their claim to be a clean party as far as corruption goes, every other party has more than 35% of their MPs in the category of crorepatis.  The exception of the CPM is highly notable when one considers that, before their historic defeat earlier this year, the CPM had ruled in West Bengal for more than 30 years, certainly plenty of time for their politicians to build up huge fortunes if they were corrupt.  For a long time, the CPM was also in power in Kerala.  Many Indian politicians have amassed huge fortunes in a much shorter span of time in power. (See, for example, http://en.wikipedia.org/wiki/Madhu_Koda).

Among all parties with a significant presence (at least 5 MPs) in the Lok Sabha, the Shiv Sena is the wealthiest group of representatives in percentage terms – almost 82% of their MPs are crorepatis.  The Shiv Sena is closely followed by the RLD, which has 80% of its MPs in the crorepati category, and the NCP (Sharad Pawar’s party), which has 78% of its MPs in the elite category.  The DMK is not far behind at 72%. 

The two dominant parties in the most populous state in India, Uttar Pradesh, the Bahujan Samaj Party and the Samajwadi Party, both have more than 60% of their MPs in the super-rich category, while the National Conference in J&K is also very well-off, with 2 out of 3 MPs being crorepatis.  

Seven parties – the Shiromani Akali Dal, Deve Gowda’s JD (S), the Telangana Rashtra Samiti, Vaiko’s MDMK in Tamil Nadu, the Sikkim Democratic Front, the Haryana Janhit Congress of Bhajan Lal, and the Assam United Democratic Front – are represented exclusively by crorepatis.

Figure 5 shows the percentage of MPs from each state who are crorepatis.

Figure 5.  Percentage of State MPs who are Crorepatis

Kerala, West Bengal, and Chhatisgarh have the lowest percentages of crorepati MPs, with 25, 26, and 27% respectively.  The first two figures match with the low crorepati numbers of the CPM party, which administered WB exclusively for more than 30 years and was the ruling party in Kerala before the last elections.  Orissa comes a close fourth, with only 29% of crorepatis.

At the other extreme, 8 states/union territories are represented exclusively by crorepatis: Punjab, the National Capital Region of Delhi, Arunachal Pradesh, Dadra and Nagar Haveli, Chandigarh, Puducherry, Daman and Diu, and Lakshadweep.

Not trailing far behind are Haryana, with 90%, Karnataka, with 89%, Uttarakhand, with 80%, Maharashtra with 79%, Andhra Pradesh with 76%, and Himachal Pradesh with 75%.  The other states with 50% or more crorepatis in their state MP list are Uttar Pradesh with 65%, Tamil Nadu with 64%, Rajasthan with 56%, Madhya Pradesh with 52%, Jammu and Kashmir, Goa, and Meghalaya, each with 50% of their MPs being crorepatis.  Only 8 of the 29 regions in Figure 5 have a minority of crorepatis in their MP list.  Clearly, this is a game for rich people to play.

Figure 6 shows the tendency of the Indian legislature to be dominated by the super-rich by showing the average asset value of the MPs from each party.



Figure 6.  Average Assets of Party MPs in the 15th Lok Sabha (2009)

Six parties dominate this skyline: the Assam United Democratic Front, having MPs with an average asset value of Rs. 30.4 crores, the Telugu Desam Party, with MPs worth, on average, Rs. 30 crores, the Nationalist Congress Party and Janata Dal (S), both with per capita MP asset values in excess of Rs. 18 crores, the Shiromani Akali Dal, whose members are worth on average Rs. 16.7 crores, and the Telangana Rashtra Samiti, whose MPs are worth, on average, Rs. 14.7 crores.

The ruling national party, the Indian National Congress, follows immediately with a per-MP average asset value of Rs. 7.15 crores.  Given that the INC is the largest party in the Lok Sabha, with 206 out of 543 members, this is very significant indeed.  Their main rival, the BJP, with 116 MPs, has a per-capita MP asset value of Rs. 3.46 crores.  Among the other major parties, the Bahujan Samaj Party, the Dravida Munnetra Kazhagam, and the Rashtriya Lok Dal, each have per-capita MP asset values in the vicinity of Rs. 5 crores.

Of all the major parties, it is again the communist parties that come out as the least wealthy.  The Communist Party of India (Marxist) and the Communist Party of India rank near the bottom of the list, with per-MP asset values of only Rs. 38.5 lakhs and Rs. 26.2 lakhs respectively.

Figure 7 shows the distribution of the average asset value of MPs of the 15th Lok Sabha, sorted by state.

Figure 7.  Average Asset Value of State MPs in 15th Lok Sabha

Haryana, with its agricultural landlords, dominates the skyline, with MPs worth, on average, Rs. 18 crores, followed by Andhra Pradesh with Rs. 16 crores.  Meghalaya and Punjab follow, with Rs. 13 crores and Rs. 11 crores respectively.  Dadra and Nagar Haveli, Maharashtra, Karnataka, and NCR follow closely with per-MP values of Rs. 8.34, Rs. 8.07, Rs. 7.36, and Rs. 7.15 crores respectively.  Uttar Pradesh, with the most seats in the house, has a per-MP value of Rs. 4.89 crores.  Of the 10 states with the most representation in the Lok Sabha, only West Bengal has a per-MP asset value of less than 1 crore.

The ADR report, for those interested, also lists the top 35 crorepatis in the 2009 Lok Sabha.

Education Levels

I started this article talking about Om Puri’s comment of all parliamentarians as “anpadh” and “ganwar,” so it is just appropriate that I conclude with a discussion on the educational levels of our MPs.  The ADR document also lists the educational levels of our MPs. Figure 8 shows this in graphical form.


Figure 8.  Education Levels of MPs in the 15th Lok Sabha (2009)

One thing is clear from this plot.  Our MPs, at least if the information furnished by them voluntarily in their affidavits is correct, are not “anpadhs” (illiterates).  Almost 50% of the members have a Bachelor’s degree education, either in the arts/sciences or in engineering/medicine, an additional 24% have a post-graduate degree, and nearly 4% have a doctorate degree (Ph.D.)  In addition, 10% have a 12th standard education (equivalent of high school in the US) and another 8% have a 10th standard education, which I would term as a minimal level of education to understand issues.  Add all that up, and you see that 94% of our MPs are fairly literate. 

So Om Puri is wrong at least on the “anpadh” part.  Our MPs are literate, and quite so; some of them are incredibly intelligent and accomplished; they even have 21 PhDs in their midst.  As for “ganwar,” Mr. Puri clarified what he meant by that – not that it means someone who hails from a “gaon” (village), but one who does not make smart decisions – and no amount of education can really make you smart in that sense.  As they say, common sense is very uncommon, but determining this is rather subjective, so we can reserve judgment on that point.

As for his “lootere” remark, well, go back and re-read the statistics about the number of MPs facing criminal charges, and decide for yourself if he was right or wrong.  It is true that the honourable MPs have not been convicted of those charges, but is it a horribly unjust thing for a person to think that these people might be guilty?  When you think of daily life, you will probably agree with me that if one of your neighbours is taken to court and if charges are pressed against him for some serious crime, you tend to believe the person was probably guilty – even though the law may not have pronounced them guilty yet.  Many would right away say they wouldn’t want anything to do with that person any longer.  Whether Puri had the right to call MPs  “lootere” is something I will not opine on here – that is something each person must decide himself or herself after looking at the evidence.

Discussion and Conclusions

Analysis of the excellent data collected by ADR clearly reveals some patterns:

1.      Crime Statistics. Roughly 30% of all Indian MPs of the Lok Sabha have criminal charges pending against them.  About 14% have serious criminal charges pending against them.  The number of members facing criminal charges has also increased dramatically since the last Lok Sabha.  This is a very serious matter.
 
a.     Innocent Until Proven Guilty?  One can make the point (and, indeed, the Constitution has considered this) that one is innocent until proven guilty.  However, the common wisdom also has it that where there is smoke, there must be fire.  The thought that nearly a third of the people who rule over us and make decisions concerning our future might be compromised in some way or another cannot be ignored, and weighs heavily on the Indian public.  Whether or not a court has deemed these MPs guilty, the court of public opinion holds them so.  The general opinion of the man on the street is that these people are probably guilty and have escaped punishment only by using their inordinate wealth and influence to stay out of prison.
 
b.     Fast-Track Process to Clear Cases.  The only remedy for this (and it must be implemented soon) is to have a fast-track court process all cases related to sitting MPs.  The solution that some have advocated of not allowing a person with a criminal charge against him to run for office is misguided, because a perfectly good and honest person could be disqualified from running for office by a malicious false case laid against him or her just before an election.  Instead, a rule should be passed that within 3 months of the election of any MP or MLA, a fast-track court should come to a verdict on whether the accused is guilty or not.  An extra 3 months should be given to fast-track the case in higher courts in case any appeals are made – right up to the Supreme Court.

2.     Inordinate Wealth of MPs.  The monetary worth of the members of the Lok Sabha shows that this is primarily a rich man’s playing field.
 
a.    What is the Source?  Members of Parliament worth crores of rupees are an obvious invitation to a disproportionate assets investigation, and it is a matter of great surprise that all these crorepati MPs have not been investigated by the CBI or other investigative agencies.  To be sure,  some of them are high-paid professional lawyers, and it is conceivable that they made this kind of money arguing cases for wealthy clients, but we already know that the percentage of MPs with professional degrees (under which a law degree would fall) constitute only about 25%.  Given that only a fraction of those MPs will actually be lawyers, and also that the said lawyer MPs are presumably busy with the people’s work and not arguing cases, what explains the fact that 58% of all MPs in the current Lok Sabha are crorepatis?  It is known that the actual salary of an MP is not very high (see, e.g., http://articles.timesofindia.indiatimes.com/2010-08-21/india/28313978_1_indian-mps-constituency-allowance-three-fold-hike, according to which the actual “salary” component paid to an Indian MP will not exceed Rs. 20 lakh a year, even with the revised guidelines).  In the past they were even more poorly paid (http://www.ndtv.com/article/india/300-salary-hike-but-some-mps-want-more-45822).  How, then, did they accumulate so much wealth?

b.     Do They Represent Us?  The fact that 58% of the current Lok Sabha members are crorepatis is a matter of great concern because, by virtue of being crorepatis, they no longer represent the average Indian.  To take an analogy, a constituency of Dalits will never be happy with an upper-caste Hindu being their representative; a constituency of Muslims will never be happy with a Hindu (or vice versa) being their representative; a constituency of Tamils will never be happy with, say, a Bihari being their representative; in the same way, poor and middle-class Indians cannot and should not accept ultra-rich MPs as their representative.  Why?  For the same reason that the Dalits cannot accept the upper-caste Hindu as their representative.  How will the representative understand the concerns of his constituency if he does not experience any of the problems that his constituency faces?  Why should an MP who is worth Rs. 10 crores care whether the price of petrol is Rs. 50 or Rs. 200 per litre?  What difference will it make to him?

c.      Politics as an Avenue to Affluence.  What makes this problem worse is that politics is seen as an avenue to get to the ultra-rich level.  So even if the MP is a good representative of his district when he enters, by multiplying his assets at an annual rate of 60%, he quickly stops identifying with them.  As Pavan Varma, in his book, “Being Indian,” brilliantly points out (see http://www.hindu.com/mag/2004/04/25/stories/2004042500310100.htm), democracy in India has worked not because of any fundamental belief among Indians in the value of freedom and participative politics, but because the Indian democratic system has been rightly seen to be the fastest way of acquiring power and pelf.
 
d.     Regulatory Mechanisms.  We need to combat this, and to do this we need effective ways to fight corruption and improve transparency in government.  The Jan Lokpal bill (or at least, an equivalent mechanism that doesn’t have large loopholes) is a good mechanism to try to enforce transparency and eliminate corruption.  Government should be seen as serving the people, not as a way of enriching oneself.

3.     The Need for Electoral Reform.  The clear statistics that electoral success is influenced very strongly by personal wealth means that electoral reform is more critical than ever before (what Americans call campaign finance reform).  The reason that elections cost huge amounts of money is that large numbers of votes are simply bought by parties by paying off illiterate villagers and poor people, who live on such limited means that their vote is not as valuable to them as a few hundred rupees.  There need to be strict limits on election spending which need to be carefully monitored so that elections are earned and not bought.

4.     Distribution of Criminal Conduct and Wealth Inequity.  No political party seems to have a monopoly on crime and wealth.  The Congress and BJP, the two major national parties, both have alarming statistics on crime (about 21% of Congress MPs facing criminal charges, about 38% of BJP MPs facing criminal charges) and wealth accumulation due to power (50% of BJP MPs being crorepatis and 70% of Congress MPs being crorepatis).  So, before someone like Mr. Advani goes around the country talking about a Rath Yatra to remove corruption, he needs to take a look at the statistics on his own party.  He will then not need the yatra, which is sort of like the cat chasing its own tail.  There are only two other consistent things one can say from the data.  One, the Shiv Sena has the dubious distinction of having both the highest percentage of its MPs facing criminal charges (82%) as well as the highest percentage of crorepati MPs (again, 82%).  Two, the communist party MPs seem to have accumulated the least wealth from their tenure in power.

Much needs to be done, and Indians need to rise as one in demanding change and doing whatever is necessary to achieve that change.  The agitation of Anna Hazare, whatever one thinks about its means, the actors involved, and the demands, is still a positive step.  Never have the common people risen like this before to demand change.  We need to build upon this positive step to achieve a truly functional democracy of the people, by the people, and for the people.

Finally, as a parting remark, I encourage more people to look at the different reports and statistics available at the ADR site and educate themselves on the reality of our parliamentary democracy.

Acknowledgments

I would like to thank the folks at ADR for helping me in this continuing work by sharing their raw data with me and for their help in understanding their methods.


Appendix: Indian Penal Code (IPC) Definition of Serious Crimes

121
Waging, or attempting to wage war, or abetting waging of war, against the Government of India
121A
Conspiracy to commit offences punishable by section 121
122
Collecting arms, etc., with intention of waging war against the Government of India
123
Concealing with intent to facilitate design to wage war
124
Assaulting President, Governor, etc., with intent to compel or restrain the exercise of any lawful power
124A
Sedition
153A
Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony
171B
Bribery
171C
Undue influence at elections
171D
Personation at elections
171E
Punishment for bribery
171F
Punishment for  undue influence or personation at an election
171G
False statement in connection with an election
171H
Illegal payments in connection with an election
171I
Failure to keep election accounts
172
Absconding to avoid service of summons or other proceeding
177
Furnishing false information
181
False statement on oath or affirmation to public servant or person authorized to administer an oath or affirmation
191
Giving false evidence
192
Fabricating false evidence
193
 false evidence
194
Giving or fabricating false evidence with intent to procure conviction of capital offence
195
Giving or fabricating false evidence with intent to procure conviction of offence punishable with imprisonment for life or imprisonment
196
Using evidence known to be false
197
Issuing or signing false certificate
198
Using as true a certificate known to be false
230
Coin defined
231
Counterfeiting coin
232
Counterfeiting Indian coin
233
Making or selling instrument for counterfeiting coin
234
Making or selling instrument for counterfeiting Indian coin
235
Possession of instrument, or material for the purpose of using the same for counterfeiting coin
236
Abetting in India the counterfeiting out of India of coin
237
Import or export of counterfeit coin
238
Import or export of counterfeits of the India coin
239
Delivery of coin, possessed with knowledge that it is counterfeit
240
Delivery of Indian coin, possessed with knowledge that it is counterfeit
241
Delivery of coin as genuine, which, when first possessed, the deliverer did not know to be counterfeit
242
Possession of counterfeit coin by person who knew it to be counterfeit when he became possess thereof
243
Possession of Indian coin by person who knew it to be counterfeit when he became possessed thereof
244
Person employed in mint causing coin to be of different weight or composition from that fixed by law
245
Unlawfully taking coining instrument from mint
246
Fraudulently or dishonestly diminishing weight or altering composition of coin
247
Fraudulently or dishonestly diminishing weight or altering composition of Indian coin
248
Altering appearance of coin with intent that it shall pass as coin of different description
249
Altering appearance of India coin with intent that it shall pass as coin of different description
250
Delivery of coin, possessed with knowledge that it is altered
251
Delivery of Indian coin, possessed with knowledge that it is altered
252
Possession of coin by person who knew it to be altered when he became possessed thereof
253
Possession of Indian coin by person who knew it to be altered when he became possessed thereof
254
Delivery of coin as genuine, which, when first possess, the deliverer did not know to be altered
255
Counterfeiting Government stamp
256
Having possession of instrument or material for counterfeiting Government stamp
257
Making or selling instrument for counterfeiting Government stamp
258
Sale of counterfeit Government stamp
259
Having possession of counterfeit Government stamp
260
Using as genuine a Government stamp known to be a counterfeit
274
Adulteration of drugs
275
Sale of adulterated drugs
292
Sale, etc., or obscene books, etc.
292A
Printing etc. of grossly indecent or scurrilous matter or matter intended for blackmail
293
Sale, etc., of obscene objects to young person
294
Obscene acts and songs
295
Injuring or defiling place of worship with intent to insult the religion of any class
295A
Deliberate and malicious acts, intended to outrage religious feelings or any class by insulting its religion or religious beliefs
299
Culpable homicide
300
Murder
301
Culpable homicide by causing death of person other than person whose death was intended
302
Murder
303
 murder by life-convict
304
 culpable homicide not amounting to murder
304A
Causing death by negligence
304B
Dowery death
305
Abetment of suicide of child or insane person
306
Abetment of suicide
307
Attempt to murder
308
Attempt to commit culpable homicide
324
Voluntarily causing hurt by dangerous weapons or means
325
 voluntarily causing grievous hurt
326
Voluntarily causing grievous hurt by dangerous weapons or means
343
Wrongful confinement for three or more days
344
Wrongful confinement for ten or more days
359
Kidnapping
360
Kidnapping from India
361
Kidnapping from lawful guardianship
362
Abduction
363
 kidnapping
363A
Kidnapping or maiming a minor for purposes of begging
364
Kidnapping or abducting in order to murder
364A
Kidnapping for ransom, etc.
365
Kidnapping or abducting with intent secretly and wrongfully to confine person
366
Kidnapping, abducting or inducing woman to compel her marriage, etc.
366A
Procreation of minor girl
366B
Importation of girl from foreign country
367
Kidnapping or abducting in order to subject person to grievous hurt, slavery, etc.
368
Wrongfully concealing or keeping in confinement, kidnapped or abducted person
369
Kidnapping or abducting child under ten years with intent to steal from its person
370
Buying or disposing of any person as slave
371
Habitual dealing in slave
372
Selling minor for purposes of prostitution, etc.
373
Buying minor for purposes of prostitution, etc.
374
Unlawful compulsory labour
375
Rape
376
 rape
378
Theft
379
 theft
380
Theft in dwelling house, etc.
381
Theft by clerk or servant of property in possession of master
382
Theft after preparation made for causing death, hurt or restraint in order to the committing of the theft
383
Extortion
384
 extortion
390
Robbery
391
Dacoity
392
 robbery
393
Attempt to commit robbery
395
 dacoity
396
Dacoity with murder
411
Dishonestly receiving stolen property
412
Dishonestly receiving property stolen in the commission of a dacoity
413
Habitually dealing in stolen property
414
Assisting in concealment of stolen property
415
Cheating
416
Cheating by personation
417
 cheating
418
Cheating with knowledge that wrongful loss may ensue to person whose interest offender is bound to protect
419
 cheating by personation
420
Cheating and dishonestly inducing delivery of property
421
Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors
463
Forgery
465
 forgery
466
Forgery of record of court or of public register, etc.
467
Forgery of valuable security, will, etc.
468
Forgery for purpose of cheating
469
Forgery for purpose of harming reputation
470
Forged document or electronic record
471
Using as genuine a forged document or electronic record