REWIND

New Delhi, 8 September 2022

Little Respite From Mounting Graft

By Inder Jit

(Released on 30 August 1988)

Yet another farce has been enacted at the Centre in the long and repeatedly promised battle against corruption --- especially graft in high places. Largely unnoticed by most people, the Rajya Sabha adopted on August 11 the Prevention of Corruption Bill. The measure was passed by the Lok Sabha on May 7 last year, and now awaits the President’s assent. The Bill caused great disappointment when it was first brought forward as it makes only a few changes in the existing law and mainly replaces the Prevention of Corruption Act 1947, the Criminal Law Amendment Act 1952 and some sections of the Indian Penal Code relating to the offence of bribery. The few changes incorporated in the new law seek to bring office bearers and examiners of Universities and aided educational institutions, members of various selection committees set up by the Public Service Commissions etc. within the scope of the anti-corruption law. The measure also provides for setting up special courts to deal with corruption cases. Jail sentence has been made compulsory for those found guilty of corruption. But much of what was greatly need is eloquently conspicuous by its absence.

Some of us had earnestly hoped that good sense might still prevail and meaningful amendments brought forward before the bill was taken up by the Rajya Sabha. Regrettably, this did not happen. The Rajya Sabha returned the Bill to the Lok Sabha with only one amendment that “1987”, wherever it occurs, be changed to “1988”. Prominent among the glaring omissions in the new Bill is the Government’s failure to include MPs, MLAs, Municipal Councilors and other elected representatives within the purview of the law. Moreover, there is no clear provision to confiscate ill-gotten wealth of the guilty persons at a time when more and more public men in positions of power are known to be abusing their offices and influence to amass huge wealth, including valuable urban land, palatial buildings and luxurious farm houses close to metropolitan centres. The new law merely retains the provisions of imposing fine after taking into account the value of illegally acquired property. Confiscation of property, as readers will surely note, is vastly different from imposing a mere fine.

The tragedy of our times and, more importantly, of the new legislation was highlighted in the Rajya Sabha by one of the senior Congress-I members, Mr. A.G. Kulkarni, who spoke with refreshing candour during the debate on the bill and struck a heartening note. Said he: “Previously we used to come here by rickshaws and then by taxi… Now I find many Members of Parliament, people’s representatives, have got posh cars to come to Parliament. Similar is the case with the MLAs. Where does the money come from? Where is the nexus?” Mr. Kulkarni also offered some deserved advice: “Let us show to the people that this Government is not only passing laws like the Anti-Corruption Bill, but also desires to implement them.” Clearly, Mr. Kulkarni wanted the people’s representatives at all levels to be specifically brought within the purview of the anti-graft law and not treats as modern-day Samurais. He seemed equally clear that corruption among the lesser mortals could not be curbed effectively so long as the guardians of the State and the society at the top were allowed to go scot free and wallow in their ill-gotten five-star wealth and vulgar monuments of corruption.

My interaction with knowledgeable and experienced people has led me to one conclusion: the problem of dealing with corruption is not merely due to lack of necessary legal powers or absence of any enforcement agency. We have had the Prevention of Corruption Act since 1947. The Central Bureau of Investigation (CBI) was set up by a Government Resolution as early as April 1963. Prior to this, anti-corruption work was entrusted to the Special Police Establishment under the Home Ministry. Further, the Union Government set up the Central Vigilance Commission, an agency independent of the Government, in February 1964 on the recommendation of the Santhanam Committee on Prevention of Corruption. Nevertheless, one fact stands out. No amount of legal powers or creation of enforcement infrastructure will be of much help unless there is a genuine desire and will to deal with corruption. Mr. Rajiv Gandhi’s ascendance to the office of Prime Minister in January 1985 raised many hopes and expectations, thanks to his promise to wage a war against corruption. By all accounts, however, graft under the present regime appears to have surpassed all previous records and levels.

The Santhanam Committee in its Report in 1964 made a guarded observation that “it cannot confidently and without reservation assert that at the political level ministers, legislators, party officials were free from the malady of corruption”. Much worse has happened since then. People now confidently and without any reservation assert about large scale corruption among politicians in power including those at the top. This was simply unthinkable in 1964. The result? The many scandals alleging involvement of the highest in the Government that have appeared in the Press during the past year and more have greatly impaired the faith of the people in the Government’s credibility. (Remember, what is important is not what you are, but what you appear to be.) More and more people find it hard to believe that this Government has the desire, the face or the moral strength to deal with corruption even at the lower levels of administration. The word “Bofors” is now coming to be used increasingly in common parlance to denote Commissions or kick-backs. In business transactions, one hears of parties concerned leaving no scope for any doubt regarding the “Bofors” to be paid!

Few are inclined to take the passing of the new Prevention of Corruption Act seriously in the prevailing atmosphere of suspicion and cynicism. Most persons I have talked to genuinely feel that the latest legislation may remain a paper law which will show its existence once in a while only --- to nab small persons or to fix those who fall foul of the powers that be. The habitual bigger offenders in power or those enjoying the protection of the mighty will have little to fear. This law will be largely irrelevant and as good as non-existent for them since even such law enforcement agencies as the CBI have become non-functional for anti-corruption work. This agency is now largely utilized for non-corruption investigation work such as drug trafficking, smuggling and murders allegedly involving politicians. Indeed, the Vigilance Commission took serous note of the growing preoccupation of the CBI with work other than vigilance in its last Annual Report and advised the Government to set up another police agency for whole –time anti-corruption work.

Importantly, the Commission also commented on the lack of interest shown in vigilance work by various Government Departments and Public Sector Undertakings. In its Annual Report of 1986, it said: “In some Departments of Government as well as some large Public Sector Undertakings, despite the large general perception of large-scale prevalence of corruption and malpractices, no cases of corruption or only a few were detected by the vigilance units.” The outcome? The Commission’s jurisdiction over the public sector employees was severely curtailed to stop it from making such comments. The Commission reacted sharply and said: “The decision to limit the role of the Vigilance Commission vis-à-vis the public sector undertakings not only violates the terms of reference of the Commission contained in the Resolution of February 1964 but also the spirit behind the creation of an independent Commission. The Commission is of the view that this decision of the Government would lead to a big set-back in tackling the problem of corruption in public sector undertakings and it is a retrograde step.” But this made no difference.

That is not all. Over the years, the Government has sought to erode the independence of the Commission and make the Central Vigilance Commissioner (CVS pliable to its wishes and command. The CVC was first reduced from six years to five years and in February 1977 to three years with provision for extension by two years at Government’s pleasure. This change was obviously made to silence the CVC and punish those who refused to oblige. A case in point is that of Mr. U.C. Agarwal, who demitted the office of the CVC on July 7 last at the end of three years. The reason is not far to seek. Time and again, he had expressed concern over the Government’s lukewarm attitude to vigilance matters. I had occasion to discuss with Mr. Agarwal his views on effective vigilance strategy. Unhesitatingly he said: “The top has to be clean to make the bottom clean. The top people should not only be honest but must also appear to be honest to deal effectively with corruption at the lower levels.” Thanks are clearly due to those who perform their public duties fearlessly unmindful of personal gains.

In sum, one fact stands out. The Union Government’s record in fighting corruption at the official level and in using the available machinery continues to be dismal. Twenty years have rolled by since Mrs. Gandhi’s Government first brought forward in 1968 a Lok Pal bill for the establishment of an ombudsman. However, power has its own way of playing havoc with principles and promises. The bill lapsed in 1970. It was reintroduced in 1971 and lapsed again in 1977. The Janata Government introduced the Lok Pal Bill in July 1977. But this Bill fell with the Janata Government. Mr. Rajiv Gandhi promised early in 1985 to set up the institution of Lok Pal. But the institution, which has come to be identified with a Government’s intent to fight corruption, is nowhere in sight. Meanwhile, the CBI’s attention has been diverted from anti-corruption work to ordinary crimes and the independence of the Vigilance Commission largely neutralized. Mr. Agarwal’s successor has yet to be appointed. All in all, there seems to be little hope of respite for our long-suffering people from the demon of corruption, whose hunger is growing with each passing day.---INFA

(Copyright, India News and Feature Alliance)