COMMITTEE / COMMISSION MODEL OF GOVERNANCE & JUSTICE
Democracy through the constitution endowed us with the institutions, laws, processes, modalities, and direction to govern this country. Delivery through this mechanism and check and balances thus created have been the cornerstone of the governance of this country. What governance would develop and in which manner, has broadly been legally delineated. Understandably, over a period of time as these institutions and systems would become democratically robust, the strength of this functional democracy would reach the rock-solid level. Democratic conventions, traditions and precedents built over a period of time, would turn out to be the North Stars.
In the similar manner, the institutions and principles were to solidify in practice. Lots of practices were expected to develop specific to Indian model of democracy to provide the functional bulwark, as a logical extension to the constitution. The symbiotic relationship between institutions were to take shape under the overall framework of the checks and balances. The final aim was and remains seamless delivery of the intended, to the masses and the nation. It also means that this system would take care of all the hiccups, decision and delivery seamlessly, however complex it might. The other presumption was that people would not have to hit streets for what is their mechanical right and justice and redressal mechanism would work as mandated.
In 75 years of our independent existence, the formation of a committee or a commission is treated as a panacea to anything that hits hard on the government. There is not mention of committees and commissions as a mode of governance or via media in the constitution or in the major acts of this country. But it seems to have become a standard template of this country practiced by every government of this country. When there are institutions in place to tackle all such issues, what is the need for a committee? Most of times, it is called a find finding committee, is the concerned legal set up not competent enough to do the fact finding as a part of adjudication / decision making process and deliver. Do the people who become a part of these committees come from an independent pool?
The investigation type stuff generally lands in the lap of what are called commissions. Are our investigative agencies / police not competent enough to register cases, conduct investigation and take it to the court? Are we pre-empting both the investigative and the judicial process? The government reserves the right to act or not to act on the recommendations, then why have it in the first place. It also has the right to keep it confidential, if it decides to do so. Have committees / commissions become a non-legal solution for blatantly legal issues. Have we found a staple solution for creating a smokescreen to drown justice. What purpose does FIR have then? The great reports do not clarify anything, they create a legal and a trust mess, in which we are deeply in.
IF WE CREATE PROCESSES TO SUIT POWERS THAT BE, FOR SURE IT IS ANTITHETICAL TO JUSTICE.