A typical government consists of three branches-the Executive, the Legislature and the Judiciary, but India has the fourth branch as well. The framers of the Indian constitution could not visualize that the fourth branch will sprout to acquire its most dominant form. The country’s intelligence system has outgrown into the fourth organ of the government.
It has acquired gigantic powers that can force other three domains to toe its line. It derives its extra-constitutional authority by waving extreme version of patriotism and impending dangers to freedom. Having exclusive access to devious secrets, it overrides all other wings and even goes to the extent of playing McCarthyism to clear the path for its relentless march.
The fourth wing operates through the agency of the legislature, the executive and the judiciary. It invests its energies most in the executive and makes it cross the constitutional boundaries at times. It can immobilize the judiciary and even interpret law for it. It can maneuver the parliament members to do their duties towards the nation-state. Though by definition, India being a multicultural country, cannot subscribe to the concept of the nation-state, the fourth wing however has all historical, sociological and psychological reasoning to justify its agenda and force the government to implement it. As a matter of fact, the country’s intelligence system is supposed to remain subordinated to the Executive, the Judiciary and the Legislature, but in the Indian context, it has become a colossal machine superimposed on three wings of the government. In sixty years of its functioning, it has established its independent credentials to be fairly considered as the fourth wing of the government. For our analysis we can name it as “Meta-surveillance.”
Hence, the government of India (Executive) in complicity with the fourth division, ‘Meta-surveillance’ exercises more authority than is granted to it by the constitution of India. Supreme Court (Judiciary) in most cases instead of protecting the constitution becomes an extended instrument of the arbitrary, ruthless and bigoted policies of the executive. Parliament (legislature) acts only to prop up the executive regardless of the fact, whether it follows the laws of the land or not. Parliament makes only those laws that are required by the executive to continue its unlimited power. The absolute authority enjoyed by the executive can make or mar any individuals, groups, institutions, state administrations and social organizations.
The intermediary role of the nation’s intelligence between the executive, judiciary and legislature requires a serious review of the intellectuals, lawyers, social activists and conscientious leaders. It has grown into a monolithic institution beyond the control of either wing of the government. It thrives on parading fears of the unknown to the republic of India, defense of the country, borders, individual life of leaders, and its functionaries. Sources reveal it receives huge unaccounted funds that it employs to inflict extrajudicial damage to the ones who are inimical to its interests. The Executive has strategic convenience to commit to the Meta-surveillance’s despotic authority and in return the Executive takes upon itself to run its affairs. In most western democracies, the intelligence is answerable to the legislature. The entire system is put under the scanner of lawmakers. The representatives of people discourage and openly question intelligence agencies’ extra-constitutional overtures.
The government of India’s recent ban on former spies to write books exemplifies how the fourth wing functions. Apprehending that the former spies can expose Meta-surveillance’s antidemocratic actions, it has become instrumental in making the government pass controversial gag orders. The stance of M.K.Dhar, the former joint director of IB who wrote books about the inner-functioning of intelligence unnerved the administrators of ‘Meta-surveillance’; they lobbied to pass gag orders against former spies in a deceitful way. To muzzle former spies’ reflective observations in writing books, an amendment has been enforced in Central Services and Pension Rules. Government by agreeing to take unconstitutional step has bowed to the unrestrained supremacy of the fourth sector now known as ‘Meta-surveillance’
Meta-surveillance traces its origin to the colonial policies of the British Rule. It inherited a highly developed system of social engineering by playing one group against the other. It will promote ethnic, caste-related, religious, racial and regional identities not for the integration but for the division of people. British ruled over India for about two centuries through these divisive policies. But when Meta-surveillance provided extra-judicial strategies to the modern political parties, they couldn’t deny the secretive benefits. Meta-surveillance honed its skills with the four decades of Congress rule. It was due to its alliance with the Congress that it cut short regime of non-congress governments. But now it has spread its wings to take any party under its extra-constitutional umbrella.
Meta-surveillance can create atmosphere in which dastardly crimes not only look less painful but also necessary for the imagined nation state. Millions of crimes in the shape of communal riots were absorbed because Meta-surveillance is continuously at the ideological work to shape up imagined national consciousness. Killings of Sikhs, Muslims and Christians in the backdrop of imagined national consciousness look entirely unimportant to the three main wings of government; only because Meta-surveillance has created such an euphoria. That is why Politicians like Narendra Modi and Bal Thackeray successfully evade the constitutional scrutiny.
In the recent nuclear imbroglio, Meta-surveillance is engaged in creating circumstances for the passage of the US deal. The CBI’s affidavit in the Supreme Court for prosecuting UP Chief Minister Mayawati in 2003 Taj Corridor case maybe the result of a bargain with Samajwadi leader Mulayam Singh Yadav for support on the floor of the house. Grilling of Sumedh Singh Saini in disappearance of IAS officer’s son by CBI and then his getting relief in the Supreme Court all speak of politicization of criminal justice of the country. The dangling of sword (CBI charge-sheet) on the head of Gurmeet Ram Rahim on the one hand, and not arresting him and providing him Z Plus security on the other all maybe to keep him as an instrument of convenience.
Meta-surveillance is a free floating ruthless force that makes unscrupulous allies for its mission. It can make a coalition of criminals, gang rapists, molesters, drug addicts first by entangling them in cases, then promising them security so that they may render dark services. Political parties accept their usefulness for the obvious benefits at the poll.
Meta-surveillance became a force to reckon with because majority of elected officials shed their responsibility due to either ignorance of the constitution or lack of initiatives. The enormous development made during the last sixty years remained lopsided. Millions of slum dwellers, Dalits, farmers, and laborers continue to live in extreme inhuman conditions. Meta-surveillance maybe accused of distracting politicians’ attention from policy making that could have made citizens relish the fruit of freedom.
Asian countries with Buddhist background developed in a different way. Japan and China recorded a massive development the fruits of which have trickled down to the lowest of the lows. They subordinated their surveillance to the goals they wanted to achieve. But India subordinated its executive, legislature and judiciary to the undeclared agenda of the Meta-surveillance. The largest democracy is woefully trapped in its colonial past and voracious hunger of politicians. The decadence has touched the new pinnacle of injustice, exploitation and violations of human rights. The brand of politicians we see on the horizons belies any hope of resurgence. Who will bell the cat, then?
