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This is an archive article published on July 19, 2007

A slow and steady erosion

When the Gujarat assembly was convened on Thursday 8212; for the last time before polls are held later this year 8212; it was marked by the same absence. Why has the Modi government kept the post of deputy speaker vacant throughout the 11th assembly? Therein hangs a tale

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The Narendra Modi government in Gujarat will complete five years in office in December 2007. With the completion of a full term, Modi will become the second chief minister to have completed five years in power in the political history of Gujarat. Till now the only chief minister to have done so is Madhavsinh Solanki of the Congress party.

Since his election in December 2002, Modi8217;s present stint in office has not witnessed communal violence, barring the disturbance over the dargah demolition in Vadodara in April 2005. However, under Modi8217;s rule, the state has witnessed the erosion of democratic institutions mandated to function independently of the government.

Presently, the state has no lok ayukta, a crucial body that examines charges of corruption against public functionaries including the chief minister, ministers and MLAs. In Gujarat, ever since the institution of lok ayukta was created, this is for the first time that it remains vacant. Justice S.M. Soni was the last lok ayukta of the state; his term ended in November 2003. Despite the demand of the opposition party, the state government has not found it necessary to fill the post.

The lok ayukta is a statutory body and the appointment is made under the Gujarat State Lok Ayukta Act. In fact, the lok ayukta is the only authority that can examine charges of corruption against ministers and the higher bureaucracy. In its absence, they become immune to any independent inquiry.

But the lok ayukta is not the only crucial post that has not been filled by the Modi government.

Ever since the present assembly was constituted in December 2002, the post of deputy speaker has been vacant. By convention, this post is given to a member of the opposition. Since the Modi government allegedly did not want to give it to the Congress, it decided not to fill the post altogether.

Whatever be the reason, the fact is that the 11th assembly of Gujarat will go down in history as one that does not have a deputy speaker. 8220;It has never happened earlier that the tenure of the assembly has passed without a deputy speaker,8221; points out leader of Opposition, Arjun Modhvadia.

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After several strictures from the apex court and demands from civil society groups, the state constituted the State Human Rights Commission in 2006. Justice D.S. Sinha, former chief justice of Gujarat High Court, has been made chairman of the commission. But it has not become a full-fledged body because the government has not appointed its members. 8220;Five years after the Gujarat riots, the state does not have a fully functioning human rights commission. This itself constitutes a violation of human rights,8221; remarks social scientist Tridip Suhrud.

It is the same case with the state law commission, another body that has a chairman but no vice-chairman, no member secretary and no members. As per the terms of reference of the law commission, the chairman and members of the commission are supposed to help the state government bring in new laws, amend old laws and to advise the government for enactment of appropriate laws.

That this phenomenon of starving institutions is indeed widespread in the Modi dispensation is illustrated by the plight of the Gujarat Sahitya Academy. A premier institute set up to promote Gujarati literature, it is an autonomous body financed by the state government. The Modi government has not permitted an election to be held for president of the Sahitya Academy ever since Bholabhai Patel8217;s term ended in October 2004. This is an unprecedented departure from the norm 8212; ever since the Academy was constituted in 1982 by the then government headed by Madavsinh Solanki, it has always had a president and members.

The stance of the Modi government vis a vis crucial institutions is indicative of its general approach towards any authority that can function autonomously of the government. 8220;By not appointing people to these posts, the balance of power stays with the government and people have no recourse to challenge it in independent forums,8221; concludes Girish Patel, an eminent human rights lawyer.

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Democracy, it seems, must not be allowed too many addresses in the state of Gujarat.

 

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