Petitions
Bejoy Kumar Roy - 'A Suggestion - To put a check to the Ministerial Vagaries in the provinces and the States.'
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Bejoy Kumar Roy, a professor at Surendranath College, Calcutta, wrote to the Constituent Assembly proposing the creation of a “Board of Censors” attached to every provincial and state government. He cited De Tocqueville’s praise of the British Constitution for its checks and balances, and Matthew Arnold’s dictum that might must hold until right is ripe. His concern was that once elected, ministers wielded unchecked power until the next general election. Britain and America had traditions of public conduct that restrained their leaders. India had no such tradition. Impeachment was a dead letter. Referendum and recall were impractical in Indian conditions.
Roy proposed two or three members per province, elected by voters at each general election. Only men over 60 would be eligible: retired High Court or Sessions judges, long-serving college professors, retired senior government officers. The Board would sit in a different city from the government, maintain no contact with ministers or officials, and oversee all election matters. If it found corruption, malpractice, or nepotism in a minister’s conduct, it could direct the Governor to make that minister resign their assembly seat and face re-election. The recommendation would be binding. No court could review it.
-::- A SUGGESTION -::-
To put a check to the Ministerial
Vagaries in the provinces and the
States.
(For inclusion in the Indian Constitution).
De Toqueville reviewing the British Constitution says that it is the best constitution because of its checks and balance. The question of check was raised because democracy was in the state of experiment hence a good deal of caution was necessary. But Democracy as it works now must be a Government of the people, by the people and for the people; the most important factor being that the people must feel that the administration is being run for furthering their interest as a whole not for the interest of a particular section. In the modern set up untrammelled power is given to the executive (the Cabinet of Ministers) for the period between one general election and another. During this period the Cabinet of Ministers can do anything and everything without any check. In the democratic countries the so-called check is to be found in the obsolete practice of Impeachment. Because the check is obsolete therefore it is like brandishing a tinsword in a theatrical show. In Britain or America, the executive head of the state, the cabinet or the President generally does not deviate from the path of honesty and strict adherence to principle because he has a tradition to keep up. The Ministers or President has the illustrious fore-runners whose path he follows. He takes the office as a sacred trust hallowed by the footprints of the great departed. India has no such tradition; the present or future incumbents are to create one. According to some political writers to establish real democracy, Referendum, Recall and Initiative should be introduced in the Constitution. But practically introduction of these checks is impossible in a country like India. In the working of the administration, if the people feel that the Government is being run not for the public interest, such a feeling strikes at the root of the allegiance of the citizens to the state which is the primary condition of any democratic administration. In the language of Mathew Arnold it may be stated ‘Might till right is ripe’. Hence in the new Constitution of India there must be some check, at least for sometime, to the untrammelled power of the ministers of the Cabinet in the provinces and in the States. The Ministers are indeed representatives of the people and elected by them but there is a good deal of difference between what man is and what he becomes before and after the election. As a Minister whether he is serving the Nation or himself, there is no one to check provided he can keep his party satisfied. He may take recourse to malpractices unhampered upto the time of next general election. In order to put a check to the Ministerial Vagaries, I beg to suggest that the following clauses be included in the Constitution:-
(1) That there shall be a Board of Censors attached to each of the provincial and state Governments.
(2) That the Board shall consist of two or three members according to the size and population of the province and the state.
(3) That the Members of the Board shall be elected by the Voters of the Constituency (as a whole) at the time of the general election.
(4) That only men over 60 years of age with following qualifications shall be eligible for standing as a Candidate for the membership of the Board of Censors:-
(a) Retired High Court Judges
(b) Retired District and Session Judges with good records
(c) Principals or Professors of Colleges or of Universities. They must have served at least for 25 years in the capacity of a teacher.
(d) Some retired Gazetted Officers of the Government with good records etc. etc. etc.
(5) The status of the members of the Board of Censors shall be same as that of Ministers of the State
(6) The members of the Board of Censors shall keep themselves aloof from the administration of state and shall avoid mixing with the ministers or high officials of the State. The head quarters of the Board shall be located at a place different from the Governmental head quarters. Correspondence seeking information shall be addressed to the Governor who shall supply the Board with necessary information.
(7) The Board of Censors shall be in full charge of Electioneering Matter, like framing the Voters’ list, keeping the list under the Control and running the election.
(8) After the general election when the Ministry have been formed, if the Board of Censors are satisfied that there is corruption, malpractices, or Nepotism in the working of the administration of the department of any particular Minister or all Ministers or at least the people has got bonafide cause of complaint against any Minister or all Ministers, the Board of Censors shall recommend to the Governor to ask the minister or Ministers, retaining their offices, to resign their membership of the Assembly and seek for re-election from his/their constituency.
(9) When the Board makes any such recommendation the Governor and the Ministers shall act according to the recommendation of the Board.
(10) That the recommendation of Board of Censors shall be final and law Courts shall have no jurisdiction over the Board in respect of their decision.
For acknowledgement of receipt or further reference if considered necessary, letter may be addressed to
Bejoy Kumar Roy
Professor, Sure-granate College
10/B Buchanan Street Lane
Calcutta