What is needed to deal with corruption is a single law that will treat everyone alike whether they are constitutional functionaries or ordinary public servants.
THESE are exciting times for those who are fighting a grim and unequal battle against the scourge of corruption. Anna Hazare, the maverick and a phenomenon, has given these warriors much needed courage and focus, two factors that were missing until recently in the struggle against dishonesty in high places. The doughty Maharashtrian is without doubt responsible for generating the current euphoria that has sent jitters even among those who are brazen about their venality. The sense of victory that is obvious among those around Anna Hazare may, however, seem premature if one considers the enormity of the problem and the craggy path ahead. This is why there is a need for caution, moderation and realism while taking the crusade forward.
There are, however, two developments that are a cause for concern. First is the controversy surrounding the presence of a father-son duo in the civil society segment of the joint panel that has been tasked with producing a draft of the Lok Pal Bill.
Shanti Bhushan and Prashant Bhushan are undoubtedly competent and carry an impeccable reputation for steering unpopular causes without being intimidated by their many detractors. They definitely complement each other: the former has an enviable legal brain and the latter the fire in the belly to take up contentious campaigns. This is a formidable combination. By inducting both, the Anna Hazare team has given some fodder to those who are opposed to the group and want it to fail.
If the ridiculous charge of nepotism gains momentum, it will be judicious for the senior to withdraw from the drafting panel and allow the son to carry on with the agenda. Prashant is energetic and current with the nuances of the ambience in which corrupt practices thrive. Shanti Bhushan should always be available to him for any counsel as the Bill meanders along what is expected to be a tortuous process. This would be a clever strategy and certainly not one that could even remotely be looked upon as a surrender to the predators. “Stooping to conquer” should be the watchword.
The other controversy relates to a recent snide remark attributed to Human Resource Development Minister Kapil Sibal that smacked of a certain cynicism about the Lok Pal legislation. The Minister pleads that he did no wrong and that he was quoted out of context. I am inclined to believe him although he should know that he has lately shown a penchant for making impolitic remarks, something that is out of character for an otherwise delightful and genial individual. Many believe that his brash utterances are triggered by the fact that he has far too much on his plate as a Minister holding two key portfolios and is fatigued by the demands of his twin responsibilities. While he can do something quickly to mend fences with Anna Hazare and correct wrong impressions about his apparent pessimism over the effectiveness of a Lok Pal Bill, the civil society group should on its part desist from playing up to Sibal's off-the-cuff and unfortunate remarks.
The group should similarly ignore all the well-disguised and provocative words and deeds of those in the establishment and elements close to it who are not exactly happy with the mass support acquired by the Anna Hazare movement. The group should remember that there are many in the wide political spectrum in the country who are not comfortable with attempts to sharpen the anti-graft law.
There is a huge lack of clarity on what the proposed Lok Pal should and should not be. I feel this is a deliberate attempt to be foggy on the part of those who are not warm to having a well-empowered watchdog oversee their conduct. It is no fault of those who want an all-powerful functionary if they believe that corruption in high places has become far too serious and endemic to be handled only by those who have either joined in on the loot of the public exchequer or who are indifferent to such dishonesty.
Many in society are happy that the Lok Pal law will be drafted by the joint panel and not by the government alone. This ensures not only a broader platform for consultation but also some clout to those who represent the views of civil society.
The drafting committee should start from scratch and without any baggage in the form of existing legislation. This is because the volume of corruption now is a clear testimony to the fact that existing provisions in the Prevention of Corruption Act, 1988, have proved totally inadequate to meeting the challenges. While the odd politician or senior civil servant has been charge-sheeted and punished, those in the higher echelons have enjoyed an immunity that is totally unacceptable to a majority of the population.
Large numbers of the citizenry are weighed down by the fact that they are required to bribe a government official or Minister to secure a service to which they are entitled as citizens either free or paying only the fee prescribed by government regulations. It is an open secret that in most of the country one will have to pay a bribe to secure a birth certificate or a death certificate, a legal heir certificate or an electricity or water connection, as also to register a case at a police station. Worse is the fact that jobs – including those of vice-chancellors of universities, who are supposed to be appointed directly by Governors – are sold for a premium.
Police appointments and transfers have become a cottage industry, one in which the highest bidder gets the cake. You ask Julio Ribeiro, the undaunted warrior against police corruption, whose voice can hardly be silenced by anyone in authority however mighty they may be. He will graphically describe to you how dishonesty on the part of street-level politicians and Home Ministers has eaten into the vitals of the police organism.
How do we get out of the current morass? I trust that the debate of the drafting committee will start with the premise that, to carry credibility, any new law needs to be ruthless and draconian if it has to make a difference. It should not make a distinction between the high and lowly while investigating an act of corruption. The existing single directive by which a Ministry will have to accord permission to initiate an inquiry or register a case against a Central government official of and above the rank of Joint Secretary is an anachronism that the new law should excise. The constitutionality of this directive is at present under the scanner before the Supreme Court. In the same manner, the requirement of sanction for prosecuting a civil servant is unsustainable.
I strongly believe that we do not need a plethora of laws. What is needed is a single law that will treat everyone alike whether they are constitutional functionaries or public servants in the lower echelons. Eliminating the current artificial distinction based on the status of the holder of public office will be the principal task of the drafting committee. All specious arguments revolving around the necessity to protect civil servants from the caprice of a complainant will be brought in by the government side. Anna Hazare will have to dismiss them curtly. This requires courage and tenacity.
My view is that the Lok Pal organisation should subsume the Central Vigilance Committee (CVC) and bring the Central Bureau of Investigation (CBI) under its direct charge. In the new dispensation, the latter should depend on the executive only for logistic support. It should be accountable for the correctness of its investigation first to the Lok Pal and then to the apex court. The CBI can be a highly professional agency only if it enjoys such total functional autonomy. At present, such independence is not available to it because there is no political will to permit it operational freedom. The opportunity provided by the Lok Pal legislation should be used by Anna Hazare and his supporters to pitch for this basic reform of India's highest investigative agency. A failure to bring about this reform will be fatal to any move to bring about greater transparency in public life. There is then the question how similar changes can be brought about at the State level. A Lok Ayukta built on the same model as the Lok Pal would greatly facilitate a stepped-up campaign against corruption.
An Anna Hazare comes once in a century. He needs all our support. His solutions to the current situation may be unconventional and seem technically flawed if you go by the standards of the Constitution and the Criminal Procedure Code. That is no ground, however, for rejecting his demand for an independent watchdog.
The executive should not pay lip service to the cause of integrity in public life. It should go far beyond by being accommodative and nationalist-minded. This is certainly not asking for the moon.
THESE are exciting times for those who are fighting a grim and unequal battle against the scourge of corruption. Anna Hazare, the maverick and a phenomenon, has given these warriors much needed courage and focus, two factors that were missing until recently in the struggle against dishonesty in high places. The doughty Maharashtrian is without doubt responsible for generating the current euphoria that has sent jitters even among those who are brazen about their venality. The sense of victory that is obvious among those around Anna Hazare may, however, seem premature if one considers the enormity of the problem and the craggy path ahead. This is why there is a need for caution, moderation and realism while taking the crusade forward.
There are, however, two developments that are a cause for concern. First is the controversy surrounding the presence of a father-son duo in the civil society segment of the joint panel that has been tasked with producing a draft of the Lok Pal Bill.
Shanti Bhushan and Prashant Bhushan are undoubtedly competent and carry an impeccable reputation for steering unpopular causes without being intimidated by their many detractors. They definitely complement each other: the former has an enviable legal brain and the latter the fire in the belly to take up contentious campaigns. This is a formidable combination. By inducting both, the Anna Hazare team has given some fodder to those who are opposed to the group and want it to fail.
If the ridiculous charge of nepotism gains momentum, it will be judicious for the senior to withdraw from the drafting panel and allow the son to carry on with the agenda. Prashant is energetic and current with the nuances of the ambience in which corrupt practices thrive. Shanti Bhushan should always be available to him for any counsel as the Bill meanders along what is expected to be a tortuous process. This would be a clever strategy and certainly not one that could even remotely be looked upon as a surrender to the predators. “Stooping to conquer” should be the watchword.
The other controversy relates to a recent snide remark attributed to Human Resource Development Minister Kapil Sibal that smacked of a certain cynicism about the Lok Pal legislation. The Minister pleads that he did no wrong and that he was quoted out of context. I am inclined to believe him although he should know that he has lately shown a penchant for making impolitic remarks, something that is out of character for an otherwise delightful and genial individual. Many believe that his brash utterances are triggered by the fact that he has far too much on his plate as a Minister holding two key portfolios and is fatigued by the demands of his twin responsibilities. While he can do something quickly to mend fences with Anna Hazare and correct wrong impressions about his apparent pessimism over the effectiveness of a Lok Pal Bill, the civil society group should on its part desist from playing up to Sibal's off-the-cuff and unfortunate remarks.
The group should similarly ignore all the well-disguised and provocative words and deeds of those in the establishment and elements close to it who are not exactly happy with the mass support acquired by the Anna Hazare movement. The group should remember that there are many in the wide political spectrum in the country who are not comfortable with attempts to sharpen the anti-graft law.
There is a huge lack of clarity on what the proposed Lok Pal should and should not be. I feel this is a deliberate attempt to be foggy on the part of those who are not warm to having a well-empowered watchdog oversee their conduct. It is no fault of those who want an all-powerful functionary if they believe that corruption in high places has become far too serious and endemic to be handled only by those who have either joined in on the loot of the public exchequer or who are indifferent to such dishonesty.
Many in society are happy that the Lok Pal law will be drafted by the joint panel and not by the government alone. This ensures not only a broader platform for consultation but also some clout to those who represent the views of civil society.
The drafting committee should start from scratch and without any baggage in the form of existing legislation. This is because the volume of corruption now is a clear testimony to the fact that existing provisions in the Prevention of Corruption Act, 1988, have proved totally inadequate to meeting the challenges. While the odd politician or senior civil servant has been charge-sheeted and punished, those in the higher echelons have enjoyed an immunity that is totally unacceptable to a majority of the population.
Large numbers of the citizenry are weighed down by the fact that they are required to bribe a government official or Minister to secure a service to which they are entitled as citizens either free or paying only the fee prescribed by government regulations. It is an open secret that in most of the country one will have to pay a bribe to secure a birth certificate or a death certificate, a legal heir certificate or an electricity or water connection, as also to register a case at a police station. Worse is the fact that jobs – including those of vice-chancellors of universities, who are supposed to be appointed directly by Governors – are sold for a premium.
Police appointments and transfers have become a cottage industry, one in which the highest bidder gets the cake. You ask Julio Ribeiro, the undaunted warrior against police corruption, whose voice can hardly be silenced by anyone in authority however mighty they may be. He will graphically describe to you how dishonesty on the part of street-level politicians and Home Ministers has eaten into the vitals of the police organism.
How do we get out of the current morass? I trust that the debate of the drafting committee will start with the premise that, to carry credibility, any new law needs to be ruthless and draconian if it has to make a difference. It should not make a distinction between the high and lowly while investigating an act of corruption. The existing single directive by which a Ministry will have to accord permission to initiate an inquiry or register a case against a Central government official of and above the rank of Joint Secretary is an anachronism that the new law should excise. The constitutionality of this directive is at present under the scanner before the Supreme Court. In the same manner, the requirement of sanction for prosecuting a civil servant is unsustainable.
I strongly believe that we do not need a plethora of laws. What is needed is a single law that will treat everyone alike whether they are constitutional functionaries or public servants in the lower echelons. Eliminating the current artificial distinction based on the status of the holder of public office will be the principal task of the drafting committee. All specious arguments revolving around the necessity to protect civil servants from the caprice of a complainant will be brought in by the government side. Anna Hazare will have to dismiss them curtly. This requires courage and tenacity.
My view is that the Lok Pal organisation should subsume the Central Vigilance Committee (CVC) and bring the Central Bureau of Investigation (CBI) under its direct charge. In the new dispensation, the latter should depend on the executive only for logistic support. It should be accountable for the correctness of its investigation first to the Lok Pal and then to the apex court. The CBI can be a highly professional agency only if it enjoys such total functional autonomy. At present, such independence is not available to it because there is no political will to permit it operational freedom. The opportunity provided by the Lok Pal legislation should be used by Anna Hazare and his supporters to pitch for this basic reform of India's highest investigative agency. A failure to bring about this reform will be fatal to any move to bring about greater transparency in public life. There is then the question how similar changes can be brought about at the State level. A Lok Ayukta built on the same model as the Lok Pal would greatly facilitate a stepped-up campaign against corruption.
An Anna Hazare comes once in a century. He needs all our support. His solutions to the current situation may be unconventional and seem technically flawed if you go by the standards of the Constitution and the Criminal Procedure Code. That is no ground, however, for rejecting his demand for an independent watchdog.
The executive should not pay lip service to the cause of integrity in public life. It should go far beyond by being accommodative and nationalist-minded. This is certainly not asking for the moon.
No comments:
Post a Comment