?renouncer? should not seek extra-constitutional props
July 10, 2026
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Home General

?renouncer? should not seek extra-constitutional props

Archive ManagerArchive Manager
Jun 20, 2004, 12:00 am IST
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By Shyam Khosla

Arun Jaitley

The Indian National Congress and the dynasty that carries the stigma of under-mining democracy by imposing Emergency in 1975 is back in the game of subverting constitutional provisions and norms of parliamentary democracy.

In its keenness to accommo-date Sonia Gandhi'sspecial status, it has created an extra-constitutional authority that will have the access to the government files and will act as a ?super Prime Minister? undermining the authority of the constitutional head of the government. The Union Law Minister, H.R. Bhardawaj let the proverbial cat out of the bag by making the startling statement that Sonia Gandhi, the Chairperson of the UPA, had been conferred with the Cabinet status to enable her to access government files. As a justification for this illegal and extra-constitutional announcement, he told a national daily that she may have to call for files pertaining to a particular ministry in the event of Left parties or any other ally raising objections about non-implementation of Common Minimum Programme (CMP) by that ministry. It is in gross violation of the rules of business that says only the Prime Minister can call for any file from any ministry. The Finance Minister and the Law Minister have similar access to files pertaining to other ministries to examine financial and legal implications.

While defending the Law Minister'sstatement, the Congress party made an unsuccessful attempt to obfuscate the issue by maintaining that what the Minister meant was not files, but status reports that Sonia Gandhi might seek from ministries. This explanation will convince no one. The fact of the matter is that the Minister wanted the world to know who is the real ruler and de facto Prime Minister. The idea is plain and simple. Let the de jure Prime Minister face the music and let the de facto one enjoy power without responsibility.


H.R. Bharadwaj

If H.R. Bharadwaj has his way, there is no need for oath of secrecy; only oath of loyalty.

It is preposterous on the part of the Law Minister to make a statement that runs on the face of the law of the land. No person who has not taken the oath of secrecy can have access to any government file.

Former Law Minister, Arun Jaitley hit the nail on its head by stating that Sonia Gandhi would be guilty of viola-ting the Officials Secrets Act if she were to access any government file. The same applies to minis-ters and bureau-crats that facili-tate her access to government files. Propping up Extra Constitu-tional Authorities (ECA) is an integral part of the Congress culture. Sanjay Gandhi was a personification of such an illegal authority that played havoc with the polity and society in the run up and during the hated Emergency. Sonia Gandhi is emerging as a more powerful ECA as is evident from the number of senior civil servants rushing to 10, Janpath to take directions from the Rajmata on matters of State and presumably to curry favour with the real power in the government.

For form sake, the ruling party insists that there are no two power centres but it doesn'tcare to hide the frightening reality that the real power lies not with the de jure Prime Minister but with the other one. While Dr. Manmohan Singh will run the government, says the Law Minister, Sonia Gandhi will discharge the overall responsibility of running the coalition as the chairperson of the UPA. Mind it, the ?overall responsibility? of running the coalition government is hers. It is she, he insists, that brought the party to power and is the only unifying force in the Congress. The Minister admits that she is the bigger and more important power centre. He is right and he is wrong. One would accept the Minister'scontention with a rider. There are no two power centres?only one and a half. No prizes for guessing who is the ?half?.

The ?half? will have to be content with Sonia Gandhi and her children looming large over him. He was made to suffer the humiliation in the drama staged in the Central Hall of Parliament to tell him and the world that it was she who was the leader. Congress MP after Congress MP declared in the poor Doctor'spresence that Sonia and only Sonia was fit to be the Prime Minister and that all others were ?worthless?. And all this and more was said before the TV cameras obligingly provided by the slavish public broadcaster called Doordarshan. The message is loud and clear. Dr. Manmohan Singh can defy the dynasty at his own peril.

Dr Manmohan Singh'sbiggest assets are his honesty and administrative experience, talent and passion for economic reforms. Given a free hand by the dynasty and political support from his party and its allies, he may deliver. Alas, it is most unlikely to happen. The dynasty breathing down his neck, oldies with political agendas, the ?dirty dozen? ministers and dogmatic communists clinging to the failed ideology will not let him perform. The gentle Sardar faces the biggest challenge of his life. Will the dynasty and the back-seat drivers allow him the dignity of his office and room for political manoeuvre? Will he succeed in maximising his assets and building on the sound economy he inherited from the NDA government or will his baggage take him and the country down the drain? Only time will tell.

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