A DIFFICULT
TIME FOR CAESAR’S WIVES.
Julius Caesar had
three wives but only Pompeia, the first wife, is remembered by history, and not
in flattering terms. A nobleman called Publius was accused of trying to seduce
her at a party, was arrested, tried and acquitted of the charge. But Caesar
nonetheless divorced Pompeia with the justification: “My wife ought not to be
even under suspicion.” Pompeia subsequently disappeared into history, and
Caesar’s words into exhortations that are often quoted but rarely followed. But
it is worth reminding our arrogant rulers of this little anecdote, for by
definition they have to be held to a higher standard.
Modern, democratic
India has many wives, all consorts of the government of the day: the judiciary,
constitutional and statutory bodies, Commissions and Tribunals, all well looked
after and well fed, enjoined only to be faithful to their duties. And I daresay
most of them are. But that is not the general public perception, and over the
last few years especially, questions are being raised about their objectivity,
transparency, loyalty and accontability. Whether it is the Raj Bhavan, the
Election Commission of India, the Central Bureau of Investigation, the dozens
of Regulators, the Reserve Bank of India, a central university like JNU, or
even the Supreme Court after the double sacking of the CBI Director- never
before have so many doubts been raised or muted questions asked about their
elevated occupants. And not without reason- if a Governor can sack an elected
Assembly instead of allowing a claimant party to prove its majority, if
electoral decisions are perceived to be partisan to favour the ruling party, if
inconvenient RBI Directors can be discarded as so much chaff and be replaced
with proven acolytes, if a premier investigative institution can be upended to
ensure that only the pliable can preside over it, if heads of learning
institutes are appointed with the sole purpose of killing the spirit of
inquiry, if even a respected judge can abandon the principles of natural
justice to seemingly oblige a government- then indeed the people are entitled
to ask: if there is smoke, but apparently no fire, then where is the smoke
coming from? For today the entire country is trying to find its way through
this smog.
There have always
been whispers about the other wives, but the first wife, like Pompeia, has always
enjoyed a preeminent and unquestioned status: this is, of course, the Supreme
Court. But today even she has become the subject of gossip in the market. Ironically,
its credibility was questioned by none other than its own judges on the twelfth
of January last year in that famous press conference in Delhi. Since then it
has been downhill all the way: none of the issues raised then have been
addressed in any meaningful way so far: transparency, structural reforms, the
assurance of judicial independence, accountability. Consequently it has become
the order of the day for political parties and even governments to cock a snook
at its judgments, as the Sabarimala, Judge Loya, Cauvery and Padmavat cases
show. So called political and religious “leaders” even have the temerity to
issue ultimatums to it on the Ramjanambhoomi matter! And the lady doth not
protest.
Unfortunately, its
handling of the Rafael and CBI cases has inevitably added more grist to the
anti-Pompeia brigade. Much has already been written about the former case so we
need not concern ourselves with it. But the misgivings it raised have now been
reinforced with the second sacking of the CBI Director Alok Verma by the
Selection Committee. The Pompeia baiters have pointed to the obvious lacunae- a
mild term, surely- in its decision: the undue haste to remove Verma from office
when the Supreme Court itself dithered for almost two months; the exclusive
reliance on the report of the CVC, himself under a cloud; the non-consultation
with Justice Patnaik who is now singing a contrary tune, much to the discomfort
of the Committee and the govt.; the denial of the basic principles of natural
justice to Verma. All these negatives we have come to accept from the
government, but how and why did Justice Sikri condone them, when he was on the
Committee precisely to ensure that the best judicial principles are not given
short shrift in the matter?
Mr. Verma has
resigned and the Selection Committee’s order is final. As Mr. GopalKrishna
Gandhi points out in an article, however, the order lacks conviction, it does
not convince but commands, it is perhaps legal but not legitimate, it has
authority but no credibility. And whatever iota of credibility it had has been
thoroughly demolished by the subsequent revelation that Justice Sikri was
actually the beneficiary of government largesse even as he was deciding a
matter that was a make or break issue for the government. It would be unfair to
infer a quid pro in the matter, but then why even allow the thought to cross
our mind?
And that precisely is
what lies at the heart of this darkness: the government’s limitless patronage
in handing out pre and post retirement assignments and sinecures to high
functionaries, especially those from the higher judiciary. For Caesar’s wives
to have any credibility this absolute and discretionary power has to go. We
should move to an American style of appointments where the government nominates
but the Senate has to approve them. A vetting by Parliament would usually still
result in the govt. nominee getting the nod, but the transparent process would
enable a closer examination of the nominee’s credentials, antecedents,
loyalties, past performance and connections with the establishment. A person
who emerges through this process would command greater credibility and
acceptance than the partisan and opaque appointments made today, and would not
necessarily be obliged to the govt. of the day. Incidentally, this process
should apply to Supreme Court judges too, for the Collegium system stands
discredited: it may suit a Freemason lodge or a Chinese tong but it does not
behove a mature democracy like ours. There is an aura- haze, actually- over such appointments today and only
the sunlight of complete scrutiny and transparency can dispel it and restore
confidence in our institutions. Let us not forget our own mythology: even the
wife of a God had to go through a trial by fire to prove her fidelity- why
should Caesar’s wives be treated any differently?