India's political system
India is a parliamentary democratic quasi federal republic. The affairs of state are conducted on principle of distribution of functions between executive, legislature and judiciary. The executive is responsible to legislature. As long as the executive headed by prime minister in center and chief Minister in a state enjoy majority support in legislature, the government is at no risk.
As the elected legislators and government feel immune from any risk to government till next election, they develop indifference to peoples' problems. This has enhanced role of unelected civil society representatives
Significance of civil society
The civil society consists of NGOs and similar bodies registered under societies act cooperative societies Act etc. as social or charitable organizations. Traditionally, these organizations and their activists are respected as they are supposed to be working for people without any desire for personal profit unlike bureaucrats and ministers. Mahatma Gandhi was also a social activists.
The non government organizations play very active role for literacy, child care and agricultural improvement in villages. Many of them play more proactive role and even file PIL for peoples' causes like pollution, environment. Narmada Bachao is one such organization. Medha Patkar is well known activist connected with this. Sunderlal Bahuguna of Chipko movement is celebrated name.
Civil society role in state administration
The NGO are civil society groups have no specific role in running of administration. They get prominence because of the fact that we are a representative democracy. The elected representatives neglect the electorate till next elections. Bureaucracy is insensitive to public problems. These NGOs or civil society fills the gap.
NGO act on citizens behalf
The constitution of India recognizes only 'citizens'. The NGOs. are governed by the acts they are registered under. But they overplay and overact. At best, they could be perceived as acting on behalf of citizens. Obviously, the civil society consisting of NGOs has no role in public administration apart from voicing citizens' rights and representing them. The provision of filing public interest litigations confirms this view.
Limitation of civil society
Thus the civil society have the role to persuade authorities or even file suit against them or avail any remedy under law for people. They can represent people before any authority including Prime Minister. But they have no role in making law.
Some civil society groups consider that enactment of law is also their role. Some groups are pressuring government and parliament to adopt their draft namely Lok Pal Bill. It would be okay to suggest legal reform but totally arbitrary and unconstitutional to participate in law making process. The Union government inaptly invited the activists of these groups for drafting the of Lok Pal Bill. There was no need or constitutional requirement to form a committee with a civil society group. Moreover, any group cannot represent whole civil society.
Restrict Civil society
Law making is sole right and duty of government and parliament. The civil society groups are posing as if they alone are patriots. They even describe their agitation as 'Second Independence Fight'. They are actually coercing government and parliament by gathering mobs. However the mobs gathered by them are far less that the peaceful and law abiding citizens who are working in offices, factories and markets unaffected by these groups.
Involvement of civil society group in law making is a dangerous precedent. This will pave way for various groups stopping all legislative and administrative work. It is necessary to effectively deal with this crisis and show the so called civil society its true place.