Guest post by RUCHI GUPTA
The past couple of months have seen a renewed attack on the National Advisory Council (NAC). The NAC has been decried as an unconstitutional, undemocratic, “super-cabinet” where unaccountable “jholawalas” hatch harebrained schemes guaranteed to run the government aground. Another line of criticism has focused on the process of the formation of the NAC, its space within the Indian Constitution, and its capacity to influence policy. The two criticisms merge with the demand to disband the NAC on the count that the NAC does not have to face the outcome of its recommendations, and by virtue of it being chaired by the head of the ruling Alliance, can arbitrarily force the implementation of its recommendations.
There is however, a need to examine how the NAC has functioned, what it has done, as well as understand the space it occupies in the policy-making paradigm of the country. While the concerns about the legitimacy of the NAC relate to important issues of Constitutionality, the criticism about the nature of its policy recommendations is motivated by ideology and is of much less relevance to its impact on democratic processes.
It is true that the NAC is an entity created to give the leader of the ruling alliance a role in policy making. Nevertheless, partly through the kind of members chosen, and the norms of functioning it has evolved, it has opened up the otherwise closed and secretive processes of formulation of law and policy, beyond its own membership to citizens groups and people with expertise. It can, in fact with some effort become a platform to further a more just and participative democracy. In this essay, we deconstruct the NAC and situate it in its political context to understand both its pitfalls and potential.