*Political executive and the legal remedies*


Generally when the Left is in power it is characterized by political
decision making guided a political and ideological programme, which has
resonance beyond the State.  It is an accepted principle while the undivided
CPI was in power and also after the LDF was constituted and came to power.



The political mandate of the party is transferred to governance and
implemented there after. The political mandate is clearly founded on the
party programme and the organizations larger objectives. This has clearly
distinguished the Left from the Congress led UDF rule. Congress rule is not
dependent on any particular policy framework. The rule much depends on the
agenda set up by the regional bourgeois (in places like Kerala) and at the
national level by business groups and conglomerates. For example, opening of
educational sector, to avail ADB loan and to implement governance reforms by
the UDF emerged not as part of well-thought out plan. As UDF leaders
themselves have remarked, they were only measures to move with the time and
align itself with the national Congress organization.



The landmark "Land Reforms" enactment by the CPI government as every body
knows was part of political mandate arrived by the Communist Party even
before it came to power. In last decade, when LDF could rule with a majority
confidence, the literacy programme to people's plan campaign was also part
of political mandate arrived within the Left constituents.



However, the key point is that the present LDF rule has grossly violated
this original Left principle and each day of the LDF in governance
demonstrates what can be termed as *"retreat of the political".* Put in
strong terms, the present LDF government accentuates the *'defeat of the
political".* *"Legal-judicial"* is succinctly occupying *this space
long-left by the "political"*.  *Diminutiveness of the political in front of
 the judicial is something to be worried. *

* *

When the Land reforms Bill was challenged in the court, the party and its
constituents were equivocal in fighting for the implementation of the bill
and went to the people to galvanize support. Generally speaking, the
'political", which is based on the ideological programme was more important
and anything outside this realm was "extra-political". The terming of
judiciary as 'bourgeois court", by EMS which led to the contempt of court
may be recalled. This significantly points to the party's and its
constituents particular grounding and belief in the "political-ideological
and the popular".



Now come to 2006 LDF government. Even not accepted by the Party, the LDF
record victory owes much to VS campaigns. Apart from this, there was no
clear political objective and programme at the time of electioneering and
assumption of power. VS Achuthanadan was long-fighting the image of
anti-developmentalist accorded to him by the UDF leadership and silently
endorsed by the CPIM leadership as well.  Since assuming power, Kerala has
witnessed the worst of all political situations, which is the affirmation of
'legal discourse' over the political. The faction-ridden party and the
dominant factions within the party and constituents within the LDF  all put
more faith in judiciary, which is unprecedented considering the genealogy of
Left rule not only in Kerala but WB as well.



Consider the ADB issue, the party could not find a resolution and the
internal bickering reached a zenith and the government led by the CPI-M went
for a legal resolution. A PIL was filed in the high court buy an
organization whose members were expelled from party ranks. The petition
filed was on terms and conditions of the ADB loan and whether the State
government can go for it. The government waited for a result. We need not
recall the drama of that period. When the case was pending in the court, the
'debate' within the party on availing of ADB loan continued. Also it should
be seen that CPIM  general secretary Prakash Karat briefed the media on ADB
issue as only a governance issue highlighting the procedural lapses like
whether it has to go through CM' office etc. The real political issue was
relegated to the back ground.



On SNC Lavalin issue, the CM openly said in a press briefing said he has a
different view but the cabinet decision was to entrust the investigation
with the State vigilance. Again the Court entered the scene. The final
resolution, which did upset the then official leadership, was to handover
the case to CBI. The sheer lack of political 'consensus' within the party
again led the judiciary to overwhelm over the 'confusions' of the political
executive.



Come Munnar, an operation started as a spectacle (Pls do read CS
Venkitsewaran's write-up "justice as spectacle") and which received massive
support really startled the judiciary. The media mission that started
slightly earlier than the Munnar mission described about a sea-change in
political determination of the VS led government. In the first phase, the
court refused to give stay orders on eviction and subsequent demolition of
illegal constructions. After this phase the debates bended to the legal
angle relating to property rights.  A political discourse and an act, which
also resonated the ecological concerns moved to the realm of judiciary. The
rest has become a distant past. Now it is absolutely in the domain of
juridicio-legal establishment.



Same also happened in the case of Kochi Cyber City. The very recent issue
unraveling before us of a predictable outcome is the "Golf Club". Ministers
revel in legal wrangling. As I see TV news, CPI minister says, it's a
dispute between two secretaries. After this there is breaking news showing
CPI state secretary criticizing the office of AG. Yet again the judicial
resolution becomes the way ahead instead of political solutions. Have the
Left forgot about its own political mandate. I am not sure.




But what I am sure about is the Left in governance during neo-liberal times
is in a quandary. They have no clear guidelines. Different kinds of
approaches loom large in the party. (Ranges of opinion and differences are
actually good. But they are not small time political agendas. It has to be
guided by a vision). Except one or two persons, the party leadership has
miserably failed to intellectually understand and engage with the times. (
The trade union though outdated in many respects has still a leadership
which tries to understand in Marxist terms what is happening in the country
and also globally, but it has been sidelined for long by the two dominant
factions) Though some ministers strongly attack the bureaucracy and civil
service in general, unlike the past Left rule, the governmental executive
has taken the Left ministers under its giant wings. They find their little
shelter under it. When the political excutive fails to envision and
implement, in the present consitutional structure, judiciary comes to the
centre stage as the great 'arbitrator' and 'dispute settler'.

The retreat of the political of the "actually existing left" is something we
need not mourn. It is the price the mainstream Left is paying for hobnobbing
with the capital interests in the name of development.


Now come to defenders of the party who predominantly are literary critics
and film reviewers. They presume by admonishing any criticism of the party
and its governance measures, they are defending and saving the party. But
failing to listen and engage with criticism, they have made it a torpid
structure. They have created'paranoia' like situation and any criticism is
dealt with 'heavy-handedness' particular as they the left is in power. This
persecution mania created and transferred to the structure itself become an
issue which in long-view is detrimental electorally and organizationally to
the Left. In effect this set back of the political has lumpenized the
mainstream Left completely. Thanks to the party appointed as well as
self-styled defenders.

damodar prasad

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