Rejuvenated Congress and Debilitated BJP

"A week is a long time in politics" said Harold Wilson who was prime minister of U.K. twice. Four years is a substantially long period. It is now almost four years since India rejected UPA and particularly the Congress as unfit to govern the country.

In 2014, corruption as an issue was occupying centre-stage. BJP whipped up the issue with characteristic adroitness and the voters rewarded it handsomely. After a long time, we vested a party with majority in the Lok Sabha so that it could focus on governance without being handicapped by what Manmohan Singh spuriously called as 'coalition dharma'.

Political scenario has undergone a drastic change in the recent past. Opposition parties excluding the Congress and communists have become more upbeat in the aftermath of shock defeats of BJP candidates in Lok Sabha by-elections in U.P. and Bihar. It is true that Narendra Modi did not canvass in these by-elections. But if the overwhelming and enthusiastic support of voters as it existed in 2014 for Narendra Modi had not dissipated, these shock defeats would not have occurred.

Congress has nothing to gloat over its continuing dismal performance in elections. When disenchantment with BJP and Narendra Modi is gaining impetus, a national party like Congress should start making hay. (Some sceptics may argue that Congress is no longer a national party. This argument is a bit premature. Congress is even now salvageable.)

It is a no-brainer that Congress cannot muster majority on its own in the Lok Sabha in the near future. At best, it can be one of the parties forming a possible coalition in the centre post-2019. For this to happen, two crucial requirements must be met.

It is very likely that BJP will continue to be the largest single party in the lower house of parliament. Since BJP is an assertive party causing constant discomfort to its adversaries, opposition to BJP is virulent. Virulent splintered parties are not a threat to BJP. But a combined opposition would be, like what was seen in the recent by-elections. So the first condition is continued unity among opposition parties.

Congress continues to be treated as a liability by other parties. If Congress wants to become acceptable to other parties and more importantly to voters, it has to get rid of proven corrupt leaders forthwith. In addition, the Gandhi family must cease to dominate. Dumping corrupt leaders and non-glorification of a particular family are the second requirement.

BJP and Congress, thick as thieves

When a law is violated and a court of law confirms violation, we expect the guilty to be punished. Unfortunately, if the guilty party happens to be political entities, the government would rather amend the law and that too retrospectively, and even twice if required,  to ensure that the accused are not punished.

This is what has happened in an FCRA violation case. Please read the following report from The Hindu:

"The Union government has proposed to amend the repealed Foreign Contribution Regulation Act (FCRA), 1976, retrospectively, a move that will benefit the ruling Bharatiya Janata Party and the Congress held guilty by the Delhi High Court for receiving foreign funds from two subsidiaries of Vedanta, a U.K.-based company.

The Representation of the People Act and the FCRA bar political parties from receiving foreign funds.

In 2016, the government amended the FCRA through the Finance Bill route, allowing foreign-origin companies to finance non-governmental organisations and clearing the way for donations to political parties by changing the definition of “foreign companies”.

The amendment, though done retrospectively, only made valid the foreign donations received after 2010, the year when the 1976 Act was amended.

The retrospective amendment did not apply to donations prior to 2010.

Retrospective effect

In a move to extend relief to the two parties, the government has again proposed an amendment through the Finance Bill, 2018. It says, “Clause 217 of the Bill seeks to amend Section 236 of the Finance Act, 2016 which relates to amendment to sub-clause (vi) of clause (j) of sub-section (1) of Section 2 of the Foreign Contribution (Regulation) Act, 2010 …. effect from the 5th August, 1976 the date of commencement of the FCRA, 1976, which was repealed and re-enacted as the FCRA, 2010.”

The Hindu reported on May 10, 2017 that the Home Ministry had sought the Attorney-General’s opinion to amend the repealed Act.

Original provision

The original provision in the FCRA, which declared that any company with over 50% FDI was a foreign entity, was inconsistent with the view of the Finance and the Commerce Ministries, which treated companies based in India and having Indian directors and employees as Indian subsidiaries.

The Supreme Court in November 2017 issued notice to the Centre on a plea by the Association for Democratic Reforms, a political watchdog, that challenged the amendment through the Finance Bill route.

It was on the organisation’s plea that the Delhi High Court asked the Home Ministry to initiate action against the two political parties. The offence attracted imprisonment of five years or fine or both to persons who assisted political parties to receive funds."

BJP and Congress may be adversaries in the electoral arena. But, in protecting their common interest, they are thick as thieves. The parliament will shamelessly approve this amendment cleverly hidden in the Finance Bill accompanying the Budget.

National Herald case

Delhi High Court has refused to cancel the summons issued by the Trial Court to Sonia Gandhi, Rahul Gandhi and others to appear before the Trial Court. The petition in the trial court filed by Subramanian Swamy alleges that the Gandhis have unlawfully enriched themselves by acquiring Associated Journals Ltd. by dubious means. Evidence seems to support Swamy's contention. Therefore Justice Sunil Gaur of the Delhi High Court rejected the petition of Gandhis.

Text of the order is available here:

http://lobis.nic.in/ddir/dhc/SUG/judgement/07-12-2015/SUG07122015CRLMM33322014.pdf

It is a pity that the Gandhis have such a stranglehold over Congress that the party members respect them more than the party. Some extracts from the order:

"It has to be kept in mind that AJL was a Public Limited Company, which had immovable assets having

value of crores of rupees. It is matter of record that Congress Party had

assigned the huge debt of `90 crores to a Section 25 Company i.e. Young Indian on receiving a paltry amount of `50 lacs only. For this, the Congress Party owes an explanation to its supporters, donors, etc.."

"Considering the fact that AJL has sizeable assets of `2000 crores, it

needs to be explained by petitioners as to what was the need to assign the

huge debt of `90 crores when this debt could have been easily liquidated

by AJL from its sizeable assets. Even writing off such a huge debt by the

Congress Party can legitimately attract allegations of cheating, fraud, etc..

Petitioners had gone step further in conspiring to get this huge debt

assigned to a Special Purpose Vehicle i.e. Y.I. and thereafter, to hijack

AJL via Y.I.. Such grave allegations levelled against petitioners cannot

be brushed aside lightly by relying upon judicial precedents cited, to

conclude that the ingredients of the criminal offences alleged are lacking.

To say the least, to do so would be preposterous. Such a prima facie view

is being taken in view of the fact that the assignment of the huge debt by

Congress Party to Y.I. was for a paltry sum of `50 lacs. This is certainly

questionable and justifiably attracts the allegations of cheating,

misappropriation, criminal breach of trust, etc.. Such a view is being

taken as it needs to be explained before the trial court as to how the net

worth of AJL can be negative when it has assets worth crores of rupees. It

also crops up in the mind of a prudent person as to why interest free loan

was assigned and why it was not written off. In any case, writing off

such a huge debt by a legendry Political Party is indeed questionable.

Instead of adopting such a questionable course, what was done by the

Congress Party is more questionable. It also needs to be answered as to

why the genuine shareholders were marginalized in the Extraordinary

General Meeting, which was attended by just seven shareholders. Such a

questionable conduct of petitioners certainly invites allegations of

committing the offences for which petitioners have been summoned. Is it

not criminal misappropriation of Congress Party’s funds? This aspect

needs to be addressed after respondent-complainant is cross-examined at

the pre-charge stage. It also needs to be examined at pre-charge stage as

to whether lacs of citizens who had donated to the Congress Party felt

cheated by assignment of such a huge debt to Y.I. who was managed by

none others than petitioners, who were Office Bearers of Congress Party

as well as Directors of Y.I.. Not only this, the main persons, who were

instrumental in allegedly siphoning off political funds were the recipients

of the assignment of the huge debt by the Congress Party and they were

the same persons, who had clandestinely acquired the control of AJL. All

this smacks of criminality. What species of criminal offence is made out

is not required to be seen at this initial stage."

 "Upon reading the complaint as a whole,

it emerges that the transactions of the Congress Party with AJL via Y.I.

are not a mere commercial transactions as these transactions legitimately

attract the allegations of cheating, fraud, breach of trust,

misappropriation, etc. "

"This Court is of the considered view that the gravity of the

allegations levelled against petitioners has a fraudulent flavour involving

a national Political Party and so, serious imputations smacking of

criminality levelled against petitioners need to be properly looked into.

39. After having considered the entire case in its proper perspective,

this Court finds no hesitation to put it on record that the modus operandi

adopted by petitioners in taking control of AJL via Special Purpose

Vehicle i.e. Y.I., particularly, when the main persons in Congress Party,

AJL and Y.I. are the same, evidences a criminal intent. Whether it is

cheating, criminal misappropriation or criminal breach of trust is not

required to be spelt out at this nascent stage. In any case, by no stretch of

imagination, it can be said that no case for summoning petitioners as

accused in the complaint in question is made out. Questionable conduct

of petitioners needs to be properly examined at the charge stage to find

out the truth and so, these criminal proceedings cannot be thwarted at this

initial stage. Such a view is being formed on a bird’s eye view of the

whole case and the observations in the impugned order of there being a

prima facie case have to be read in the context of there being sufficient

grounds for summoning petitioners."

Sensex and corruption

The stock market has become upbeat this week. This is because the market has started recognising that the NDA government also is corrupt and therefore corporate activities meant to make unlawful gains will not be resisted by the government.

If the government exhibits its capacity to ride out the present crisis without any damage, sensex is poised to go further north. Narendra Modi's sphinx-like deportment is another bullish factor.

Indians are now saddled with the ticklish choice between corrupt Congress and bribable BJP. Sensex's sustained rise is assured.

Whither BJP ?

It may be too early to raise this question. At the same time, it is better to spot the danger signals at the earliest.

There was a theft in the house of a BJP MP, Giriraj Singh of Bihar. He was earlier a minister in Nitish Kumar's cabinet. The 'Honourable' MP duly reported the theft to the police. The complaint registered with the police mentioned theft of around Rs.50,000 and some jewels.

The police caught the thief and recovered Rs. 1.20 crore apart from jewels from him allegedly stolen from MP. Let us see how the party with a difference deals with this.

Amit Shah has become the president of BJP. Narendra Modi strengthens his hold on the party. This will stifle whatever meaningful dissent is left in the party. Success in the long run depends on respect for dissent. Any attempt to bulldoze one's views on the party will prove adverse in course of time. But then politicians are politicians.

Politicians never cease to entertain us. A former chief minister of Karnataka has demanded a neat sum of Rs.20 crore for a nomination to Legislative Council. The Congress yuvraj, Rahul Gandhi was found sleeping during a discussion in the Lok Sabha. Now the Congress spokespersons have been given the unenviable job of denying the obvious. Of course, they are not new to this comedy.

Grudging acceptance of reality

Grand Old Party has at last deigned to accept that Narendra Modi has campaigned better than its leaders. Jairam Ramesh, one of the chief strategists for Congress, has admitted this.

" "He has changed the nature of campaigning in India. It would be unwise to deny the change he has brought about in the nature of campaigning in India. We were not prepared for it," Ramesh told TOI, in a rare confession that the Gujarat strongman had rewritten the rules of electoral engagement. 

The UPA's rural development minister said blaming individuals serves no purpose as the scale of defeat suggests that Congress was a non-starter. "We were out-campaigned, out-manoeuvred, out-funded and out-spent by Modi," he said."

The former minister could have truthfully admitted, "Our UPA government out-scammed all earlier governments. This was seen through by the voters. They voted us out."

Scams and family domination are the twin evils of Congress. The earlier the party realises this, the better for them. Instead it is trying to tighten the family's grip by roping in Priyanka Gandhi Vadra.

Milind Deora has attempted to speak out the truth. The High Command is not pleased. It is pleasantly surprising that Milind Deora has not been made to disown his statement or to clarify that he has been misunderstood by the media. 

According to Indian Express, "In the first open criticism from within the Congress after the party’s crushing electoral defeat, former union minister Milind Deora said on Wednesday that Rahul Gandhi’s advisers did not have their “ears to the ground” and those with “no electoral experience” were “calling the shots”, but added that “the people who take the advice also have to bear responsibility”.

Why did Congress lose?

It is now clear who is responsible for the Congress debacle. It is not Sonia or Rahul . The Royalty can do no wrong.

It is not Modi. After all, he was a chai-wallah and therefore not fit to become prime minister which post is reserved for the Gandhis and those obsequious to the Gandhis.

It is not the voters. Has not the Congress taken care of them through scam after scam?

Dentsu India, an outfit of a Japanese ad agency is the culprit. The Congress has squarely blamed them for not communicating the "achievements of the Congress" to the people. If the achievement had been communicated, the party would have romped home because Indians as inventors of 'zero' are always attracted by zero.

The party paid Rs.600 crore to the agency. Is it Rs.100 crore for ad services, Rs.200 crore for owning responsibility for the rout of Congress and Rs.300 crore to be paid back to the family?

Who is responsible for Congress' decay?

Anirban Choudhury stated the obvious when he said, "This election season has been dirty: from name-calling to hate speeches, we have heard it all. But the one statement that takes the cake is a gem by Priyanka Gandhi Vadra where she says that the 'Congress will fight back against all those who have maligned the Gandhi family'."

Equating a family to a political party is turning democracy on its head. This results from a feeling of special entitlement which contradicts all canons of democratic decency. Priyanka GV's warning is a response to allegations against Robert Vadra. Feelings of grandeur which are manifest in expressions of family pride arise from pathological alienation from reality and remnants of nostalgia for grand old days.

We need not blame the Gandhi family exclusively for what is wrong with Congress. Why do the non-Gandhi leaders acquiesce in sycophantic worship of the Gandhis? Whether it is a case of hijack of a party by a family or an abject surrender by spineless leaders, the result is unspeakable tragedy for the party.

P.S. Addressing a rally in Rae Bareilly on 27th April, Priyanka GV said, " "It is your duty to protect the country and the 'dharma' of my family". So it is our duty to ensure that the Gandhi family continues to rule India!