Let it never be said that India's enduring experiment with democracy is bereft of innovation and colour. While the Republic of Bihar does not by any means exercise a monopoly in this regard, the Yadav couple in their decade-long tenure at Patna's 1 Anne Marg have succeeded in throwing up more than their fair share of conundrums. Irrepressible as ever on the eve of their second re-election bid, they have done it yet again.An inquiry by the state's chief electoral officer has established that a member of Rabri Devi's council of ministers, a certain Rakesh Kumar, does not meet the minimum age qualifications to become a member of the legislative assembly. Kumar, who is not an MLA or MLC, and his supporters will no doubt argue most earnestly that although the Constitution lays down in black and white the minimum age for membership of the legislature, it makes no mention whatsoever of any requisite age for elevation to ministerhood, for a creative impetus to youth power. This hitherto unforeseen grey area bringsout in sharp relief the old debate of the letter versus the spirit of the Constitution.Kumar's continuance in power amounts to a glaring mockery of democracy, of the very idea of representative government. When the Leader of the House is given flexibility in inducting someone who is not a member of the legislature in his council of ministers, it is with the stipulation that the minister be elected to either House within six months. No doubt this loophole can be manipulated with relative ease, but when a person in any case ineligible to be declared an elected representative is showered with the powers and privileges of ministerhood, the intent can only be deemed mala fide. What accountability can be expected of him?What legitimacy would his six months of authority have? None whatsoever. The questions don't end there. Is the governor empowered to dismiss him in case he cannot extract advice to that effect from the chief minister? And what of the decisions taken by the minister, the perks enjoyed by him?The honourable course ahead would be for Kumar to submit his resignation or for Rabri Devi to demand it. Otherwise, the governor's intervention would certainly be in accordance with the spirit of the Constitution.It would also be worth inquiring whether Rabri Devi herself is in any position to honour this spirit. Supporters of Bihar's jailed minister Illiyas Hussain are reportedly demanding that his road construction portfolio be transferred to his wife, a la Laloo's ingenious maneouvre on the eve of his own arrest to give empowerment of women an entirely new meaning. If Laloo, the self-proclaimed leader of a total revolution, can resort to such evidently legal tactics, they would argue, why not his loyal footso- ldiers? Erosion of democracy can acquire its own momentum, with each instance being used to justify yet another distortion.Delivering democracy entails more than holding frequent elections; it involves strengthening the varied institutions of civil society by subscribing to certain norms. Buttell that to Rabri Devi and her dear husband.
