A DIFFICULT TIME FOR CAESAR'S WIVES.

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?