Political Diary

New Delhi, 23 October 2010

Lokpal To Curb Corruption

WILL OUR NETAGAN PLAY BALL?

By Poonam I Kaushish

Political India is inundated by the surfeit of scams about the scums!  Delhi is deluged under the CWG neta-babu swindles, Karnataka by Tape-gate of MLAs being ‘bought’ for Rs 25 crore and Bihar ‘caught’ in the whirlpool of sleazy election funds. All working on the premise that money like a ball of snow, when set rolling, must increase!

Trust Prime Minister Manmohan Singh to play party-pooper by raising the bogey of corruption, so grating to the ears and promising action against the corrupt. Laugh all you want, or simply shrug it off as it’s akin to flogging a dead horse. But that he means business is evident from two steps: Setting up a high-powered committee to go into allegations of corruption relating to the mega sporting event. Two, after 60 long years, and at least 10 attempts that went nowhere, the Centre has finally come up with an acceptable-to-all draft of the Lokpal Bill.

Importantly, the spanking new Bill proposes to bring all political functionaries at the Centre, including the Prime Minister, his ministerial colleagues, Members of Parliament and members of the defence services under the purview of the Lokpal. It would be a three-member body comprising a Chairman ---  sitting or retired Chief Justice of India or former judge of the Supreme Court ---- and two members, from sitting or retired Supreme Court judges or sitting or retired Chief Justices of High Courts.

This is not all. The Lokpal would have six months from the receipt of the complaint within which it would have to complete investigations and submit a report. The Bill also empowers the Lokpal to punish with imprisonment and/or a fine those guilty of making false or mala fide complaints.

However, for reasons best known to it, the Centre has not included complaints against the President, Vice-President, Lok Sabha’s Speaker and Deputy Speaker,  Dy Chairman of Rajya Sabha, Supreme Court and High Courts Judges, Comptroller and Auditor General of India, Attorney General, Chief Election Commissioner and other Commissioners, Chairman and members of the National Commission for SCs and STs and Chairman and members of the Union Public Service Commission.

Sadly, before one rejoices and hums the beginning of the end of corruption, a cursory glance at the Bill’s fine print raises a big question mark over the Government’s serious intent about belling the big fat cat of corruption. Don’t get me wrong, this is not to detract from the Bill’s significance, but the truth is that the measure does not have any teeth at all, like many other independent bodies in the country.

The serious drawback against this legislation is that the Committee would have to rely on State authorities for investigation. Given the departmental bhaichara between the investing officer and the accused impartiality would be the first casualty. As it stands, the premier investigating agency CBI serves as a hand-maiden of its political mai-baaps of the day and the CVC is there only to check allegations not investigate.

More. After investigations, the Committee has no power to suggest action for remedy.  It has only to submit a report of its findings to the competent authority and the rest will depend on such authority. It is for the competent authority to decide what sort of action is to be taken or not to be taken against the report. 

The Bill is also silent on what happens if the competent authority does not take any action against the culprit within the reasonable time, there is no remedy available in the present law.  Therefore, the law should prescribe the minimum time limit for taking action on   the report of the Lokayukta.  The law should also define the offences which may be constituted by the facts proved and nature of appropriate punishment.

Clearly, these measures are all the more necessary given the experience of State Lokayukts. Though 17 States have set up the institution, there are varying differences in their respective legislations in regard to powers, functions and jurisdiction. The recent resignation of Karnataka Lokayukta Justice Santosh Hegde as he was powerless to act against the powerful mining magnates Reddy brothers is a stark reminder of this blatant truth. Also, between 1986-2000, the Lokayuktas ordered investigation in 2,840 cases, of which 1,677 were charge-sheeted but only six% ended in conviction.

Take Haryana where the Lokayukta has been a victim of political and official apathy since its evolution in 1998. The first Lokayukt made an unceremonious exit after the Act was repealed following a change of political guard.  Subsequently, another legislation was enacted legislation in 2003 but the incumbent was found only in 2006. Yet, till date, the State Government has not framed rules for purposes of legislation governing the State Lokayukta.

Less said the better of UP Lokayukta’s inability to deal with Mayawati’s vulgar display of wealth and her alleged money laundering statue parks. Finally, the Supreme Court had to intervene and stop installation of more statues. Undoubtedly, not only have State Governments rendered the Lokayuktas’ toothless but also insured that requests for sanction of prosecution or recommendation gather dust in cupboards. Symptomatic of casualness and apathetic attitude. Power is all money, honey!

What next? The Lokpal should be given the power to suspend and revoke suspension of corrupt officials. Section 36 of CrPC should be amended to confer police power on the Lokpal and it should be given suo motu powers (powers to investigate on their own without waiting for someone to file a complaint) to investigate officials as well as politicians. Proceedings before the Lokpal Committee should be treated as judicial proceedings investing it with the jurisdiction, power and authority to punish for contempt of itself.

The success of the Lok Pal will ultimately depend on the caliber, character and competence of the person or persons selected to hold the crucial office. In most countries, the choice is not confined to the judiciary alone. Its scope is made wide enough to cover all serious abuses of power and breach of duty apart from corruption.

India should take a leaf out of Indonesia’s Corruption Eradication Commission, born out of public reaction against President Suharto’s 30 years corrupt rule. In five years, the Commission prosecuted and jailed over 100 high-ranking officials including a Minister, MPs, Central Bank Chief, Governors, police officers et al.  It won every case before the corruption court and had all verdicts upheld by the Supreme Court. Thereby, giving the country a more ethical reputation worldwide.

Galloping corruption and increasing lack of integrity at the higher levels of governance needs pointed attention and action without further delay for the health of our democracy.

Remember, what the people ultimately want is transparency and accountability. That is the crux of the problem of our polity. Alas, this has so far been only preached ad nauseum but seldom practiced. The harsh truth is that no politician has till date been able to overcome his greed. All have reduced it to merely chasing a mirage and indulging in shameless hypocrisy and humbug.

Considering our past experiences, the UPA and its leaders, especially Prime Minister Manmohan Singh and Chairman Sonia Gandhi, are clearly on test. Are they really serious about combating corruption or have they willy nilly decided to surrender shamelessly to horrendous corruption? In case they are serious, the Government must finalise the Lokpal Bill without delay and ensure that it is enacted latest in Parliament’s winter session. Else, an increasingly agitated and restive public will be justified in concluding that honesty is only a fallacy of imagination and no longer the best policy! ---- INFA

(Copyright India News and Feature Alliance)