Sadly, but it still discriminates its own people, based on “caste”. Let me ask you how does this statement sound, “ A backward class Chief Minister” or “ He cannot be hold this position, because he is of backward class” or “He shall not be promoted because he belongs to an upper-class”. I hope it stirred up some emotions inside of you. If did not, perhaps you belong to an antiquated set of thoughts, who does not have a place in the modern world.

“Caste” is a social division, a person acquires as a result of his or her birth into a family. He or she has absolutely no control over what caste he belongs to. It is just what he or she was born into. It is like telling somebody, “If you are born into an upper-caste family, you have better chances, and if you are born into a lower-class family you are doomed”. Well, this is the same as saying that if you are born as citizen of the United States of America, you rule the world else you are doomed. How ridiculous does this sound?

And it is very sad to realize that if this person decides to work in the Government sector, and in the state of Bihar, he better be aware of his caste. He should forget that perhaps God has blessed him with talents and abilities which he has perhaps not blessed anybody else. He should forget that he survived the rigors of the UPSC Civil Service Examination. He should forget that he could perhaps earn his way in the state of Bihar. He should forget that Articles 14-18 of the Indian Constitution apply to him.  The founding forefathers who wrote our constitution were aware that if the state imparts any other identity to its people other than that of a citizen, then they shall de-stabilize the very democracy they fought so hard to make.  The very foundation of democracy was done for on the basis of the following principles.

1. Liberty
2. Equality
3. Fraternity
4. Justice for all

Well, if one looks at the logic of this quad, they cannot exist without the each other. One cannot have liberty, if one is not equal. If one if not equal then one cannot form or belong to any associations. Without liberty and equality there cannot be justice. Thus, without these basic elements, one cannot establish a just functional society.

Any Democratic Government recognizes “equality” as the most important aspect or right that it can impart to its people, if it promises them freedom. Freedom and equality are very closely related. If one is not socially equal, one is not socially free. For example, if a citizen cannot enter a place of worship because he of his social identity, he is not free to follow his beliefs or his express himself. The Constitution of India, grants rights to protect its citizens against such discrimination.  If the state allows the former, it fails to protect the basic spirit of democracy. It acts in a discriminatory fashion, showing that the place of worship where a person was entering is bestowed upon with more favor than is the person who was trying to enter the temple. The state is declaring them unequal and thus the state is not upholding what it was trying to protect. Now, we are not talking about a person trying to enter a temple or a mosque with an intention or expression of harming the people inside or destroying property. Obviously, such a person should be stopped and his freedom restricted.

Further, the state should be secular, and shall be religiously or socially agnostic. If the state assumes a color, which belongs to a certain social or religious group, it cannot promise its citizens protection or promise them rights that it should have. In fact it goes against the very constitution that created it. The Constitution fails, and with it comes failure of rule of law. Such a government is very unstable, and shall not last very long.

The neighboring state of Pakistan hasn’t been able to form a stable Government because it tried to adopt “sharia” or the Islamic laws as the basis of their democratic setup. Now we are not against “sharia”, we are simply saying that it provides the state with a certain color, which does not conform to followers of other religion or belief. Thus, the state often is confronted with situations, wherein it just does not know what to do. For example, what happens to a Hindu in a Muslim state? What laws apply to him? The citizen who follows a different faith shall always feel “denied of justice”. This leads to social unrest and hence an unstable Government. Is it surprising that we find that the state of Pakistan has vacillated between Democracy and Dictatorship in the last 60 years? India on the other hand, has enjoyed democratic stability.

Fortunately, India has a system, which balance this seemingly paradox. Indian laws have the provision of recognizing and applying the necessary law in different sections. For example, there is a single Penal Code, which does not distinguish between caste, religion, sex, or age. The system provides for some discretion based on sex and age though, and of course facts of the crime-instance in question. What is important is that, there cannot be distinction between people of different castes, committing exactly the same crime in exactly the same circumstances. This means that if a murder is committed by two people, belonging to two different religion or caste under the same set of circumstances, they shall be sentenced alike.  On the other hand India, has maintained distinction in the Civil Code in between religions to honor differences in marriages, inheritance laws and resolution of social disputes.

Even with such a thoughtful system in place, the machinery of the Government has failed. We forget that we are Indians, which is what our national identity should be, but adopt an identity based on caste. It is often that the Government, rather than the people remind them of such an identity. It is a known fact that politics or vote-banks are created and maintained on the basis of caste.

It is a sad truth, but the Bihar Government serves to give a very poor example in upholding the Constitution. It adopts a discriminatory policy against its own people. The Chief Minister of Bihar, Nitish Kumar belongs to caste of “Kurmis”.  It is a very common practice amongst political leaders to surround themselves with people from the same caste thinking that they are perhaps more trustworthy than perhaps people from other castes. Commonly, used by the term “apne log”, meaning “our people”, implying people our people should be close to the Chief-Minister. For example, as soon as Nitish Kumar came to power, he resorted to bringing R.C.P. Singh, an IAS officer belonging to UP Cadre as his personal secretary or PS.  R.C.P. Singh and Nitish Kumar belong to the same caste and the same district, Nalanda. Nitish Kumar won the Lok Sabha Elections, from Barh Constituency, which lies in the state of Bihar. R.C.P. Singh did not have reputation of being a bad officer but he was not one of the shinning stars of the UP Administration either. So, on what grounds other than being of the same caste and belonging to the same district was he chosen by Nitish Kumar to become his personal secretary? Was it possible that out of over hundred officers present in states of Bihar as well as Uttar Pradesh, there was no other alternative available from another caste? It is seriously doubtful that the latter was possible. Singh’s selection by Nitish Kumar was done amongst hundreds of able officers, only on the basis on caste and place of birth.  I would like all readers to pause and think, why has R.C.P. Singh been a secretary to Nitish Kumar for over 7 years. Even so, until this day he is on deputation from Government of Uttar Pradesh. This is above and beyond what is normally granted as tenure from one’s home cadre. What Nitish Kumar wants to say is that there is no other officer able enough to replace R.C.P. Singh, that his tenure needs to be extended again and again. Well, this is certainly a questionable fact.

Further, the highest offices in the secretariat are today held by people from his own caste. Ashish Ranjan Sinha, who is an IPS officer, was promoted to the rank of DGP as soon as Nitish Kumar came to power. Ashish Ranjan Sinha and Nitish Kumar also belong to the same caste, and the same place of birth Nalanda. Was this coincidence? Maybe. Ashish Ranjan Sinha was the senior most IPS officer and he should have been made the DGP and so he was. Benefit of doubt goes in his favor.

When it came to the appointment of Chief Secretary, suddenly the parameters and policy changes. It has been noticed that Bihar has made the office of the Chief Secretary a mockery. It resorted to appointing officers who were about to retire in about four-six months in office, thereby creating the suspense alive.  It even took the unheard measure of filing extension of the erstwhile Chief Secretary for six months. Now, why would one do so? Perhaps, the real intent was to deny a deserving person the rightful place.  The rightful person was K.D. Sinha, the senior most serving IAS officer. He was bypassed in seniority along with six other officers, by R.J.M Pillai. The excuse to perform the seniority-bypass, was that three people, Nitish Kumar, Ashish Ranjan Sinha, and K.D. Sinha could not hold the top-three office together. The reason, they all belong to the same caste and the same place of birth Nalanda.

Wow, What a dilemma? When I hear this, my mind rattles with the bells and whistles of Infosys being traded on New York Stock Exchange, the Tatas acquiring Jaguar, and the Ambani’s being in the top-ten wealthiest people in the world.  Which era of the world are we leaving in? Oh, my Bihar where are you? What are you dealing with? We are trying to make a position for India in the World, but perhaps that India does not comprise of states like Bihar. And they shall continue to do so, because of such heinous actions and policies.

The Chief Minister, in his decision-making keeps “caste” as an important aspect. Wait a minute, isn’t that unconstitutional? Isn’t that discrimination at the highest level? Where shall we see discrimination of this level and at the highest level of office? School admissions based on caste? School rankings based on caste? Admissions to hospitals based on caste? Where does it stop?

Government of Bihar has, by acting in such a discretionary matter, on the basis of caste has violated the most important tenet of democracy, and the Indian Constitution. This is nothing but a glaring violation of Fundamental Rights, “Right Against Discrimination”; Articles 14-18. The Articles clearly state that the Government cannot discriminate against any citizen on grounds of his religion, race, caste, creed, sex or place of birth in matter of appointment to public offices. Appointment to public offices includes offices of DGP, Chief Secretary etc, as enlisted in its published list of offices. Such a list is published by all Governments, and is common public knowledge.

How does the private citizen, like the author have knowledge of that a discrimination has happened on the basis of caste? Besides this being a topic of public debate amongst media,  it came straight from the Chief Ministers office. The Chief Minister’s secretary, R.C.P. Singh used the Government phone, and during office hours, disclosed to very prominent citizens of Patna, that a decision against Mr. K.D. Sinha had been made, and this was purely on the basis of caste.  Should such a conversation be regarded as private disclosure or public information? Well, this is public information as during office hours, R.C.P Singh holds a public office. And if he places a call to someone to reveal or discuss public policy matters or a decision of the Government, it is public information. It is just a matter of time that the Government gets slapped by a lawsuit against them, for having quashed the fundamental rights of citizen.

This action goes contrary to all normal policies but is in line with all discriminatory priors. Nitish Kumar chose his personal secretary on the basis of caste, he assigned Ashish Ranjan Sinha as the DGP on seniority who also was of the same caste, and then appointed Ashok Kumar Choudhary as the Chief Secretary on the basis of seniority. And then suddenly, we see R.J.M Pillai superseded six officers?  Where does seniority policy suddenly disappear?

Something is wrong here, isn’t?  In reality, Nitish Kumar realizes that his actions have been based on caste. He is just playing with the Chief-Secretary chair to somehow prove to the world that his actions are not based on caste. A political gimmick that he is trying to play to maintain a “neutral” stance. But perhaps he does not yet realize that he is already tainted himself long time back with the selection of R.C.P Singh. And the yet again by appointment of Ashish Ranjan Sinha. So, if he did not act unconstitutionally the first two times, how can he act unconstitutionally if he appointed K.D. Sinha as the Chief Secretary.  Perhaps he does not realize that so-called “positive discrimination” that he is conducting is presenting him as a person who clearly works with “caste” in mind. He appears more unconstitutional than ever before. He is just making a mockery of himself, crucifying the constitution, and hurting a deserving person.

One final argument in conclusion, “Is it in discretion of the Chief Minister to appoint the Chief Secretary?”. The answer is certainly yes. But that discretion cannot be based on discriminatory grounds.  If it does then, then what we are saying that under certain conditions such as the above, appointment to certain offices could be made on the basis of caste or other discriminatory grounds.  The Constitution says, “all public offices”, and all means everything. And “under no circumstances” which means even as a discretionary decision. Thus, under all grounds such a decision is against the spirit of the Constitution. And if, the Chief Minister operates under the influence of caste, we shall have lost our fundamental rights.

Who loses in this process? Well, besides the public, Nitish Kumar. No politician should be in the illusion that the public is un-educated and ill literate. We all are building a modern nation, we are not building a nation of “Kurmis” or “Yadavs” or “Kyashthas”. It is time that Nitish Kumar and people like him realize that they are riding an antiquated thought process in a sinking boat. Its time that people look at the Government, at the Secretariat as a place of hope, as a place where resides, “Govt. of  the people, by the People, For the People”. Its time that “We the People”, rise and take such offending government to courts and restore liberty, equality, and justice back to the State of Bihar.

Disclaimer: The views expressed in this report are purely those of the author and may not in any circumstances be regarded as the official view of BiharTimes.