Pendulum thinking in law and business

Certainty, consistency and uniformity are words which stand for continuity, surety, high predictability, and above all steadfastness. A pendulum, or rather a swinging pendulum, on the other hand, is known for swaying to extremes, vacillation, and fluctuation. Usually, it is said that wherever there is life, there is going to some movement, some change, and some alteration. Things in a dynamic form are the surest signs of life. However, when thoughts are given the approval of swaying like a pendulum, just like a swinging pendulum, there can be serious problems in politics, law, business, and in other walks of life.

Democratic process is based on difference of opinion and the dynamism can best be observed in different policies and ideologies of various political parties. It is the obvious assumption that a member of any political party will subscribe of the ideology and views of that party, and will contest and election on that basis. What comes as a shock is that so many of them after getting elected simply switch over to a different political party – there may so many reasons for the switch – while remaining on the right side of the anti-defection law by complying to it in word, but killing the spirit of the law mercilessly. How can the ideology of an individual swing to an absolutely different side like a pendulum? Some may say, and vehemently argue, that is the voice of the inner conscience and the individual has every right to do so. Very well, but the problem is in the trust the voters have reposed in the individual and the ideology of the party.

All that trust is broken, voters taken for a ride, and democracy brutally bludgeoned. And, all this is legally permitted with the help of numbers in a mechanical and digital manner. Shamelessness is writ large on the faces of the political leaders who very well justify something which was, till the other day, anathema. These are the simple cases of the pendulum swinging to the other extreme. This is incomprehensible and one of the biggest challenges faced in public life. One has to give freedom to the individual and the party as a whole to have vibrant thinking, but taking a complete U-turn in the thinking process has its own hazards. The legal fraternity is full of such examples where eminent lawyers, and sometimes judges too, have their views and interpretations swinging like pendulums.

About twenty five years ago, the Supreme Court had decided that punishing a person who had attempted to commit suicide – and had obviously failed – was against the fundamental right to life and liberty, and, hence, such a person should not be punished. In less than two years, the Supreme Court took a U-turn, swung the pendulum and overruled that decision. Such uncertainty and unpredictability make life extremely difficult with rules of the game having hardly any sanctity. They all become violable which can easily be twisted, bent, broken and dumped at will. With pendulum like thinking process, it becomes a child's play to justify anything, howsoever blatantly wrong it may be. This is one of the biggest problems with the judicial system permitting overruling by majority, which really makes it a simple game of numbers, sans true intellectual discourse and debate.

Most of the businesses have been known to keep profit-making as the real goal; with policies, values, and principles permitted, or rather encouraged, to change, modify, alter or transform completely according to the changes in the external business environment. Presently, so many businesses facing serious problems of survival have been playing with the system and changing their core policies like a swinging pendulum. The individuals manning these businesses have no qualms in shifting their stand and ironically take pride in behaving like a chameleon. Pendulum thinking is often their strong point and gets rewarded by the market. Thinking, and justifying, at the extremes is acceptable when there is an urgency to do so for certain social good, and not only for profiteering.

Pendulum thinking is the bane of clear thought process leading to purposeless activities for the society. Resoluteness is still a great virtue and must be given due recognition and respect.

The author is a professor at IIM-A 
akagarwal@iima.ac.in