Currently Mr. Pranab Mukherjee is the clear front runner to become the President of India. TV channels have already anointed him. Media is gushingly recalling his past record. The contest is all but over. Universally Mr. Mukherjee is being hailed as the ideal choice given his wide administrative experience.

However Miss Mamata Banerjee smarting from the political somersault of her erstwhile ally Mr. Mulayam Singh, who faces CBI investigation of having disproportionate assets, has defiantly stated that the “game is not over yet”. Miss Banerjee reportedly is still plugging for Mr. APJ Abdul Kalam’s name and is attempting to arouse public pressure for his candidature by using the Internet. Even in the remotest likelihood of Mr. Kalam emerging as a formidable rival, what is the choice before the nation? In the media both individuals are being described in superlative terms. One hates to throw cold water on their ardour but honesty compels one to recall some uncomfortable truths. 

The prime expectation from the next President would be that he becomes pro-active to ensure that the laws of the land are upheld. According to the Constitution this continues to be the President’s prerogative above that of any other office holder. So, how do Mr. Mukherjee and Mr. Kalam measure up on this aspect?

Mr. Kalam violated his oath of office to sign as President a Bill which Parliament itself admitted was flawed to make it the law of the land. It was the Office of Profit Bill.

By making that flawed Bill into law President Kalam was instrumental in keeping in office a government that would have lost majority if the flawed Bill had not become law. A petition in the Supreme Court was belatedly addressed to allow the government to remain in office for its full term. Afterwards the Court gave an astonishing judgment stating that Parliament had the right to make laws. That was never the issue. The issue was whether the President had the right to make an admittedly defective Bill into Law. This was not a minor lapse. Arguably, President Kalam even made himself vulnerable to impeachment.

Take the case of Mr. Mukherjee. Never mind his long and dedicated record in the service of a notoriously corrupt party. Just one recent incident should suffice. As Finance Minister Mr. Mukherjee in order to defuse the wide public criticism over the government’s inaction on the issue of black money in foreign banks signed an international treaty with the Swiss government in January 2011. To nail the guilty the list of those who may have held illegal foreign bank accounts in the past was crucial. Even if the money had been transferred elsewhere the record of having had an illegal foreign bank account was damning. According to credible sources there was one such account even in the name of Rajiv Gandhi to the tune of over 2 billion US dollars.

So, what did Mr. Mukherjee do? He signed a treaty by which information on all accounts before 2011 would remain secret!

After signing the treaty, the official spokesperson of Switzerland’s Federal Tax Administration department on January 19, 2011 said:  “The exchange of information will be applicable for information that relates to any fiscal year beginning on or after the 1st January 2011, as soon as the protocol has been given effect.” 

Let us be happy that we shall soon be getting a new President. But let us not lose our sense of balance. As yet there is no sign of any desirable change resulting from the event.