15th August is an
extraordinary day for India as a culture and as a civilization. We became a
nation with a constitution. 15th August is also the day we
collectively took a pledge to unite, to rediscover ourselves and take a
‘pledge to the service of India’1. We will complete seventy
years this month. Shall we take a minute and look at how far we have come in
meeting that commitment to ourselves?
Freedom
Life derives meaning from freedom. Freedom is coveted by every human. All that we do, all that we seek is
for freedom, to feel and enhance the sense of freedom. We seek joy to feel free
from pain, we work to get free from emptiness and find meaning, we acquire
wealth to free ourselves from a sense of lack and insecurity; we serve and give
to free ourselves from petty self centeredness. At the core of all human
values is Freedom, whatever be its shade.
Political
freedom finally brought our people that opportunity to actualise these freedoms
at their individual level. Today we are blessed to live in a country that is
not under a feudal ruler, that is not run by war lords or bigots, that is not
steered by outsiders with vested interests. As we complete 70 years, there is
nothing more important than recognising the value of freedom by recommitting to
its preservation and proliferation in every dimension of our lives.
Substratum of Freedom
Our freedom struggle was steered
by Truth in the form of non violence, and like our timeless culture was made
the substratum of modern Indian State. “Satyameva Jayate” is our national motto
and adorns our national emblem.
Truth alone triumphs;
not falsehood;
Through truth the divine path is spread out;
the wise, whose desires have been completely fulfilled,
reach where that supreme treasure of Truth resides.
Manifestation of Satya
Rule of Law and Freedom are
intertwined bedrocks of our constitution. Legislations are meant to enhance
individual and collective freedoms and guarantee rule of law for all people. In
the context of our culture, Satya shapes laws:
While
Satya sounds abstract, it is the substratum of all virtues and lasting
peace, be it collective or individual. It takes shape as Dharma, which
stands for principles of goodness, virtue, and ethics and allows people to
connect and live in harmony. Niti (Policy) should stem from Dharma and
it stands for a stance or approach on how people will live together to achieve
their respective individual and collective goals. However, Niti is
influenced by Niyat (political will) of those governing and finally
results in formulation and administration of Niyam (laws).
The High and Low of Law making
Supremacy
of Rule of Law is what we got along with independence. Plato wrote: “If law
is the master of the government and the government is its slave, then the
situation is full of promise”. However, over the seventy years, the
divergence from the essential spirit of law making has drifted in so many
cases, that it ‘seems’ like a new normal. The 13th President had
this gentle yet alarming comment in his farewell speech to the parliament: “It
is unfortunate that the parliamentary time devoted to legislation has been
declining. With the heightened complexity of administration, legislation must
be preceded by scrutiny and adequate discussion. Scrutiny in committees is no
substitute to open discussion on the floor of the House. When the Parliament
fails to discharge its law-making role or enacts laws without discussion, I
feel it breaches the trust reposed in it by the people of this great country.”3
Laws are meant to serve people
by being fair, clear, stable, and enabling. People must get confidence that
legislation is for them and not only to be used against them by an
administrator. Functionally, laws should be necessary, clear, coherent,
effective, and accessible.
However, over the seventy years
we know that laws are often twisted, coloured by outrageous complexity that
they are out of reach of the common man, rolled back and amended way too often,
arbitrarily applied in disregard to people’s rights, crafted for ease of use by
the administrator, and often have conflict of interest/vested interest in their
very design. While there are severe legal barriers when there is conflict of
interest for business transactions, I wonder about a much stronger application
against ‘conflict of interest’ in law making. If the law makers turn a blind
eye, look the other way or wink selectively, then rule of law gets diminished.
Trust in administering of laws whether it will be fair, fast enough, and
effective remains doubtful.
Do Niyam
affect Niyat
of citizens?
India
was recently labelled as a ‘largely tax non compliant society.’ Even if one
were to accept that, we cannot change that situation till we find out why did
it become so? During the freedom struggle, millions made extraordinary
sacrifices. Each of us knows someone who made sacrifices in achieving azadi.
Has the texture of that society drifted so far from that pledge to ‘serve the
nation’ to serving themselves in disregard to the nation? If so, then why?
Could it be that many of those
entrusted with lawmaking and administering, who took that same oath to serve
the nation and guarantee liberty, equality and justice did not pay sufficient
heed to that promise? Could it be that the framework of law is not
comprehensive to address the current reality? Can there be an effect without a
cause? Where does this circle start and where will it end?
Niti and Niyam
affect the Niyat (intention) of the people. In other words, Niyat of
people is only a reflection
– (as the rulers, so are the people).
The formulation and administration of Niyam does shape the Niyat
of people. At the same time, laws get formed to deal with breaches. And the
circle goes on.
Till
the spirit of rule of law is active and not selective, enabling and not
disproportionately bothersome, till laws exists for people and not to dissipate
their spirit in coping with them, and till laws make people feel optimistic and
not hopeless; the rule of law is yet to ripen4. Till we reach a
point when rule of law is working in spirit and in its splendour for the vast
majority, the Triumph of Truth remains in abeyance.
Many professionals feel helpless
to deal with something that is beyond control. However, we are trained to think,
ask questions and are capable to understand laws. As professionals we can look
through the fine line between form and substance. Can we undertake to refine
our law making and administration within our circle of influence? Can we be
proponents of adherence to laws in ‘spirit’? As we build our nation, we can
once again question and clear our own Niyat, and steer the Niyat
of taxpayer and the administrator towards the essential spirit of law5.
In our professional endeavours, can we ask ourselves – Will this action/advice
be coherent with the essential spirit of the law? Will my action/advice be
right for India that I wish to see? Because, India does not belong only to the
few who speak from high pedestals, but to YOU! Freedom is not only a
personal right, but also our individual obligation!
BCA Journal
A galaxy of contributors, editors, members and wise men and
women have shaped the BCA Journal in the last fifty years. I grew up reading
the fine features and well researched, thought provoking and useful articles of
this Journal. BCAJ has and will continue to present its content in an
objective, bold, and circumspect manner. I feel humbled to write to you as its
editor from this month onwards. I will strive to keep the balance between
continuity and change, and present the content that reflects those virtues in
light of our current reality. I request your observations and counsel freely
and frequently.
Raman
Jokhakar
Editor
