Contempt Of Parliament!

Left parties strenuously argue that the Indo-US Nuclear deal should not besigned without parliament’s approval. They cite the American system whereinthe President must obtain Congressional approval for international treaties. Butthe American President has a fixed term. The Indian government does not. InIndia’s political system, parliament’s approval is not required by thegovernment to sign an international treaty. Nevertheless the government isobliged to keep parliament informed about important executive developments sothat MPs may oversee the government’s functioning and deliver the sense of theHouse before the government proceeds further. If the government ignores thesense of the House and goes ahead, MPs have the right to vote the government outif they think government’s policy jeopardizes national interest. That is howour system ought to work according to the Constitution. It doesn’t.

Instead Left MPs whine about the majority view in parliament being ignored. Butthey ignore an important convention to prevent contempt of parliament and breachof privilege. Contempt of the House may be defined generally as "any act oromission which obstructs or impedes either House of Parliament in theperformance of its functions". Overseeing the executive’s functioning isparliament’s responsibility. The government is obliged to inform parliamentabout crucial matters before informing the public. But what is happening in thegovernment’s handling of the Indo-US N-deal?

On Monday the UPA government discussed progress on the deal with Left partiesthat are not part of the government. After the meeting the RSP general secretaryTJ Chandrachoodan told media: "The government gave a gist of the draftsafeguards agreement with the IAEA. Other salient features of the agreement wereexplained by External Affairs Minister Pranab Mukherjee."

Another top Left leader was quoted by the media: "We will have to study thedraft in detail, seek more clarifications from the government and continue ourdiscussions on that basis." Clearly the IAEA draft has not only been discussedin detail with the Left MPs but the full text will be made available to them.

How can government do this before taking parliament into confidence about thetext of the IAEA draft agreement-- particularly when parliament is in session?Does it not amount to contempt of parliament? There is a further Constitutionalimpropriety. The N-deal affects India’s right to conduct nuclear tests. It isrepeatedly stressed that this influences India’s armed forces. The Presidentis the Supreme Commander of our armed forces. Has the government shown thePresident the IAEA draft of the safeguards agreement? Has it kept the Presidentinformed about the progress of the talks with the IAEA? It should be born inmind that the President and not the Prime Minister is the Supreme Commander ofthe armed forces.

The President is also under oath with sole responsibility to preserve andprotect the Constitution. The Left parties are not part of the UPA government.They exert control over its policies as an extra-constitutional influence. Theyare now controlling policy that by their own assessment has crucial bearing onthe future of India’s armed forces. Should the President as the SupremeCommander of the armed forces and being under oath to protect the Constitutionallow the UPA government to discuss with Left parties the IAEA draft agreement?Should government show the Left parties its text before it has been shown toparliament?