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THE POLITICS OF NO CONFIDENCE – THE RAFALE DEAL

By Varun Hari Prasad

Yesterday one of the most contentious issues during the debate on the No Confidence Motion was the Rafale Deal. The Congress President Mr Rahul Gandhi, in the course of his fiery speech accused the Prime Minister of inflating the price of the aircraft and benefit an industrialist considered close to him.

On hearing this, the ruling party did seem to be rattled as the entire treasury benches rose in unison including the Defence Minister. As the issue remains inconclusive, it is likely to become a major election issue in the three state elections scheduled later in the year and probable even in the parliamentary polls.

The demand of the Opposition has been that the Government disclose the price of the aircraft. The Government’s response to this however, has been inconsistent giving room for suspicion.

The Flip-Flops

In a Press Conference the Defence Minister Mrs Nirmala Sitharaman said that she would reveal the price of the aircraft, infact, she even directed one of the officials present there to make the numbers available; later she took an U-Turn (something which this government has become famous for) by saying that there is a secrecy clause which binds her from disclosing the same.

If there was indeed a secrecy clause, why did the Defence Minister make that statement in the Press Conference? Was she unaware of it or was she instructed to do so? Why is the Government not telling us whether the revision of the contract was approved by the Cabinet Committee on Security?

The ‘Secrecy’ Debate

The Congress President in his speech yesterday alleged that the French President told him that there is nothing which prevents the Government of India from disclosing certain details of the contract. The French Government has reacted to this allegation of Mr Rahul Gandhi. The statement of the Spokesperson for Ministry of Europe and Foreign Affairs is as follows:

“We have noted the statement of Mr Rahul Gandhi before the Indian Parliament… France and India concluded in 2008 a Security agreement, which legally binds the two States to protect the classified information provided by the partner that could impact security and operational capabilities of the defence equipment of India or France, These provisions naturally apply to the IGA concluded on 23 September 2016 on the acquisition of 36 Rafale aircraft and their weapons. As the President of the French Republic indicated publicly in an interview given to India Today on 9th March 2018. In India and in France, when a deal is very sensitive, we can’t reveal all details.”
  
This statement of the French Government is silent on the French President’s conservation with Mr Rahul Gandhi but it clearly states that “France and India concluded in 2008 a Security agreement, which legally binds the two States to protect the classified information provided by the partner that could impact security and operational capabilities of the defence equipment of India or France”. This proves that there is nothing that prevents the Government of India from disclosing the pricing of the aircraft as it will in no way impact the security and operational capabilities of the defence equipment.

The Statement also makes a reference to the French President’s interview with India Today. In that interview, President Macron clearly says that his country would have no objection if the Government of India shares details of the contract with the Opposition (not public).

Conclusion

As per our Constitution, the Prime Minister and his ministers are accountable to the Lok Sabha. It is the Lok Sabha that permits the Government to make payments from the Consolidated Fund of India. Naturally, the money for Rafale contract is also from the Consolidated Fund. Can any government appropriate money from the Consolidated Fund and refuse to tell the Parliament where and how it’s spent? Wouldn’t that be a breach of the Parliament’s sovereignty?

If the Prime Minister has nothing to hide the most appropriate thing for him to do would be to disclose the details of the contract not on the floor of the House but before the Parliamentary Standing Committee on Defence. In that way, Parliament’s sovereignty would be honoured, the 2008 agreement with France also will not be breached and the Prime Minister can also come clean on the issue.

As elections approach, will Rafale become Modi’s Bofors? Let’s wait and watch.

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