“I honestly believe that history will be kinder to me than the contemporary media or for that matter the opposition in parliament … Given the political compulsions, I have done the best I could do,” were the words of 13th Prime Minister of India, Manmohan Singh, when he demitted office in 2014 after serving two full terms.
Today, he is no more. Without touching upon the political or economic aspects of his legacy, which are subject to intense scrutiny by experts in those fields, this writer tries to recall some of the legislative milestones achieved during Singh’s ten years as prime minister.
Empowering legislations
The National Advisory Council (NAC), whose chairperson Sonia Gandhi was for a considerable period and which had some very eminent public intellectuals as members, had a big role in mooting some of the key rights-based legislations during this time.
National Rural Employment Guarantee Act, 2005
Passed by parliament in 2005, this Act envisaged a minimum of 100 days of guaranteed wage employment every year to every household. This was to take place through the participation of adult members who volunteered to do unskilled manual work. In 2009, the title of the said Act was amended as the Mahatma Gandhi National Rural Employment Guarantee Act.
Right to Information Act, 2005
The statement of objects and reasons of this Act, which was passed after the Freedom of Information Act, 2002 was repealed, says it was enacted to ensure smoother and greater access to information.
The Act established an appellate machinery with investigating powers to review the decisions of public information officers; penal provisions for failure to provide information as per law; provisions to ensure maximum disclosure and minimum exemptions. This was in consonance with the constitutional scheme.
Right of Children to Free and Compulsory Education Act, 2009
This Act was passed in furtherance of a directive principle of state policy of universal elementary education. A new Article, 21-A, was inserted into Part III of the constitution, mandating universal elementary education for children up to fourteen years of age.
This legislation is premised in the belief that the values of equality, social justice and democracy as well as the creation of a just and humane society can be achieved only through the provision of inclusive elementary education to all – and it is a landmark.
The Act provides for 25% seats in private schools to be reserved for children from poor families and prohibits donations or capitation fees.
A constitution bench of the Supreme Court in Pramati Educational and Cultural Trust v. Union of India (2014) 8 SCC 1, upheld the constitutional validity of the Ninety-third Amendment Act, 2005 inserting clause (5) of Article 15 of the constitution and the Constitution (Eighty-sixth Amendment) Act, 2002 inserting Article 21-A of the constitution.
It was, however, held that the 2009 Act, insofar as it applies to minority schools – aided or unaided, covered under clause (1) of Article 30 of the constitution – was ultra vires the constitution.
Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2012
This Act was aimed at protecting the livelihood rights and social security of street vendors and the regulation of urban street vending. It envisaged, among other things, the compulsory registration of every person intending to carry out street vending activities, the constitution of a town vending committee in each local authority with representation for women vendors and SCs, STs, OBCs, minorities as well as persons with disabilities.
The statement of objects and reasons also says that street vendors are not to be prevented by any person, police or any other authority “from exercising their right to vend when street vending in accordance with the terms and conditions of their certificate of vending”.
Also read: The Silent Strength of Manmohan Singh as Prime Minister Was His Moral Compass
National Food Security Act, 2013
This Act was passed in furtherance of a directive principle of state policy that the state shall “regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties”.
The Universal Declaration of Human Rights to which India is a signatory also casts responsibilities on all state parties to recognise the right of everyone to adequate food. In pursuance of the constitutional and the international conventional obligations, a law was enacted ensuring food security to everyone.
This legislation marks a paradigm shift in addressing the problem of food security, from the welfare approach to a rights-based approach. Besides expanding coverage of the Targeted Public Distribution System, this legislation conferred legal rights on eligible beneficiaries to receive quantities of food grains at highly subsidised prices. It also conferred legal rights on women and children to receive meals free of charge, and children in the age group of six months old to six years old to an age appropriate meal free of charge through the local anganwadi.
It also envisaged that every pregnant and lactating mother would be entitled to a free meal at the local anganwadi during pregnancy and six months after childbirth, and to maternity benefits of Rs 6,000 in instalments.
The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
By repealing the erstwhile Land Acquisition Act, 1894 and by replacing it with this Act, the government specified comprehensive compensation, rehabilitation and settlement for landowners and those who stood to lose their livelihood, and also made certain provisions for a percentage of affected families a prerequisite for land acquisition. It enhanced the right to property of citizens.
Regulatory laws
Indian Companies Act, 2013
E-governance; the maintenance and inspection of documents by companies in electronic form being allowed for the first time; the introduction of the concept of ‘corporate social responsibility’; and enhanced accountability on the part of companies were some of the objectives of this Act. It envisaged having at least one woman director in the prescribed class or classes of companies.
Lokpal and Lokayukta Act, 2013
This Act, establishing the Lokpal for the Union and Lokayukta for the states to inquire into allegations of corruption against certain public functionaries, was made in light of public demands after the issue was raised by the “India Against Corruption” campaign led by Anna Hazare.
Women’s safety
Criminal Law (Amendment) Act, 2013
This Act amended the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), 1973, the Indian Evidence Act, 1872 and the Protection of Children from Sexual Offences Act (POCSO), 2012. This was necessitated after the public outcry against the horrific Delhi gang rape in which a physiotherapy intern was brutally assaulted and killed.
The definition of “rape” in the IPC was given an expanded meaning and the recording of a statement before a judicial magistrate under section 164 of the CrPC was made mandatory soon after an incident is brought before the notice of the said magistrate.
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An international treaty for which Singh was willing to resign
While the NAC had a great role in formulating rights-based legislations, Singh was personally interested in ending India’s apartheid among the nuclear-powered states. He made sure that the 123 Agreement with the then-US President George W. Bush became a reality. The signing of the US-India Civil Nuclear Agreement made the Left parties withdraw their support to the first United Progressive Alliance government under Singh in July 2008. The government did not fall as it had the support of the Samajwadi Party.
Corruption charges and 2G and coal scam trial
A reference to Singh’s premiership would be incomplete unless a reference is made to two court cases and a narrative of corruption allegations that largely tarnished the image of the party in power. Those were the cases arising out of 2G spectrum allocation and coal scams. A reference by Singh, whose personal integrity none doubted, to “coalition compulsions” made the opposition raise the issue of corruption in the next general election.
There was a change of party at the Union government after the 2014 general election, but that does not take away the credit that Singh personally and as the head of government deserves for enacting many of the rights-based legislations, strengthening the legal regime within the country and striking the Indo-US nuclear deal, which no future historian can deny him.
He presided over these achievements despite the intense public scrutiny and criticism any public servant, much less a prime minister who governed the largest democracy for ten long years, must legitimately undergo in a democracy.
Today, when Singh is part of history, let us recollect his words to former US President Barack Obama as written by the latter in the first volume of his memoir, A Promised Land:
“Mr President, the call of religious and ethnic solidarity can be intoxicating. And it’s not so hard for politicians to exploit that, in India or anywhere else.”
Prashant Padmanabhan is a Supreme Court advocate.
