Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
Lokpal could not commence an inquiry without the recommendation of the presiding officer of Parliament, and worse, after finding the person guilty of corruption all that the Lokpal could do was to inform Parliament and the prime minister.
Both civil society and government have travelled a long way on the Lokpal Bill. The official Bill is a much improved version of earlier efforts. Most of the key elements for a strong and effective law are in place. What remain are differences on whether the Lokpal should cover all civil servants, at the centre and the states, and whether the office should also redress public grievances. A huge Lokpal will lose focus and itself become an oppressor; a more nuanced approach is thus called for. Civil society groups need to bridge their differences and carry the Bill through its last stage.
arlier this year Anna Hazare commenced a fast to force the pace on legislation to control corruption. The outbreak of support for him made the government do something unprecedented; it constituted a drafting committee comprising its senior ministers and an equal number of Hazares nominees, which excluded some well-known civil society activists like Aruna Roy. Then followed several rounds of talks, some progress, draft bills prepared by the government and the Anna Hazare representatives which showed up significant differences, then a hardening of stands accompanied by bitter statements mostly from the Hazare team, and then a breakdown of talks. The doughty Hazare announced another fast; the government played into his hands by arresting him and watched in dismay as the thunderclap of protest echoed nationwide. Support for Hazare swelled with each passing day. With his throwing down the gauntlet and an imminent breakdown of his health, the government appeared to give in to his demands, and both Houses of Parliament expressed accord in general terms. Some flak is being exchanged between India against Corruption (the Hazare groups public force) and the National Campaign for Peoples Right to Information (ncpri) which has put forth its version of an appropriate Lokpal Bill that differs on material points from Hazare. The matter now rests with a parliamentary committee to consider all the draft bills. While the issue is off the front pages of newspapers and the breaking news of television (having been broken so many times it may be as well be called decimated news), a perspective analysis may be useful. The Lokpal Bill 2010 which the United Progressive Alliance government put forth was less than a half-hearted attempt to handle corruption. Among its many flaws, it covered only ministers and MPs and left government officers out of its scope; public servants were not allowed to make complaints; the
vol xlvI no 41
Controversial Issues
The inclusion of three institutions the judiciary, MPs and the office of the prime minister raised controversy. The first has been resolved; Annas team has agreed to
october 8, 2011
19
COMMENTARY
exclude the judges, provided Judicial Accountability Bill comes into being. Wisely so: the independence of this organ cannot be placed under strain; a Lokpal whose decisions are subject to judicial review cannot be allowed to subject the judiciary to its investigation. Such inclusion would not have passed constitutional scrutiny by the courts. That said, there is little doubt that the judiciary needs to be covered by an institution similar to the Lokpal that can investigate, prosecute and recover illgotten assets; that body may have an altered procedure and larger composition of judges. As regards MPs, they are protected by the Constitution in respect of anything said or any vote given in the House; Annas group may not be able to make headway here. As regards the prime minister, while practical reasons exist for exclusion emanating from the fear of destabilising government, it is difficult to resist the argument that no one should be beyond scrutiny for corrupt acts. Voices within the government and across the political spectrum argue for his inclusion; it is quite likely that this point will go to Hazare. Three other major issues relating to the ambit of the Lokpals coverage have seen deep differences not just between the government and Hazare, but also with Aruna Roys team. On each of these, expectedly, Hazare wants the Lokpal to have the widest jurisdiction; the others want the body to be focused on corruption in high places, and different mechanisms to be devised for lower levels of corruption and other forms of misgovernance. In particular, the NCPRI has a more nuanced approach here. While the Hazare team may claim that the lead up to Parliaments resolution shows that their stand has been accepted in toto, this will be resisted on the argument that Parliament has only accorded broad approval to bringing these categories under the anti-corruption scanner, not necessarily under the Lokpal as desired by the Anna team. It does seem necessary that there should be some more debate and discussion on these crucial aspects; after all, it cannot be denied that there was tremendous public pressure on the government and Parliament during the last days of the Hazare fast. A fuller consideration seems warranted, and should not be avoided on the argument that a parliamentary expression
of the sense of the House constitutes a done deal on each aspect of every issue.
Parliament legislating for the states. As has been ably pointed out by Shanti Bhushan, the former law minister, in an article published in The Hindu of 6 September 2011, an anti-corruption law for the entire country would fall within the domain of Parliament under the constitutional scheme of demarcation of legislative power. After all, the Prevention of Corruption Act, 1988 is a parliamentary enactment, and it covers all officers irrespective of whether they serve under central or state governments. There may thus not be much substance in this objection to the nationwide coverage of the Lokpal if its focus is on dealing with corruption.
Creating a Frankenstein?
The third sticky point seems to be on the citizens charter and redressal of grievances. Every public authority is to prepare a charter enumerating its duties to the citizen. Failure to perform such a duty invites punishment, and a direction to so perform. Such charters will come from every government department having any degree of interaction with the public welfare schemes, the public distribution systems, police, railway tickets, road repair, and indeed most aspects of our lives. Monitoring this obligation is a task multifold larger than policing all civil servants. Fears expressed over one Lokpal overseeing all government servants for integrity will grow manifold when such a Lokpal oversees all government functioning. Little doubt that the term Frankenstein has found usage in this connection. Again here, handling complaints of non-performance of the charters will make the Lokpal lose its focus and effectiveness as an anti-corruption fighting body. It must be stressed, time and
150 Years
Rabindranath Tagore: Images of Women Selected Poems, Jadu Saha (Translated) Rs. 450 Rabindranath Tagore: Portraits of Women Rs.600 Selected Short Stories, Jadu Saha (Translated) The Flute: Selected Poems of Rabindranath Tagore Jadu Saha (Translated) Rs.850 Songs of Rabindranath Tagore Transalted by Jadu Saha Rs.350 Rabindranath Tagore: Selected Writings for Children Jadu Saha (Translated) Rs.250
20
october 8, 2011
vol xlvI no 41
EPW
COMMENTARY
again, that the country needs a tough official to deal with corruption, that if this is not done well our development objectives will come to naught considering the magnitude of scams; the moral fibre of public life will plummet to below zero figures, and we will be ruled indefinitely by those who get into public office to misuse it. Therefore, while by all means we should recognise that lower level corruption should be tackled and public grievances should be redressed, we should not make the mistake of entrusting all these functions to one body, which will result in no task being well done, and the body itself becoming another source of our problems. A separate grievance redressal authority can provide the administrative relief for non-implementation of the charters, including punishment for wilful failure. While a couple of points mentioned above would call for reconsideration by the Hazare team of its position, this would in no way detract from the enormous contribution made by them in placing the fight against corruption squarely in the forefront of the national agenda, showing the way with its focused draft and the achievement of getting government to accept most of its points. In addition, there are some other aspects contained in the Jan Lokpal Bill of the Anna group which deserve mention. One is the protection to be given to whistle-blowers. Since the disclosures principally pertain to corruption in mega amounts and in high places, it stands to reason that the Lokpal itself should bring them under its protective umbrella. Another innovation to encourage disclosure is the power of the Lokpal to give immunity to the bribe-giver, if the information be true and he is willing to give up the illegitimate benefit gained. Another wellthought-out set of practical measures is designed to combat the scrouge of well-meaning legislation the tactics of delay in our courts. So Anna Hazares experts provide that the trial should be held on a day-to-day basis and should be completed within a maximum period of 12 months, that sufficient number of special courts will be set up exclusively for corruption trials, that the high courts will create special benches to speedily dispose of appeals within six months. (Yet another measure that may be thought of here is to mandate that the trial cannot be held up by filing appeals against any interim or procedural order.)
Economic & Political Weekly EPW
Systemic correction is also provided apart from dealing with the individual offender, the Lokpal may take action to prevent the ongoing incidence of corruption; thus if the 2G scam was investigated early enough, further spectrum loss could have been averted. No government officer shall be eligible to take up jobs or assignments with organisations which he had dealt with in an official capacity. All contracts and property transactions of public authorities must be by public auction or tenders, unless specially warranted otherwise. These, as well as agreements dealing with natural resources, must be put up on a website. These aspects have received little public attention, but they are crucial in adding up to an effective anti-corruption body.
trick in the book to scuttle this enactment. Therefore civil society has to stay vigilant and focused. It has also to stay united.
Transparency in Committee
The parliamentary committee now discussing all the draft bills should have a timeframe, it must give civil society representatives full opportunity to participate, and televise its meetings. Visual transparency is as important as access to the written word. The committee should realise that it does not have a clean slate to write upon, and except for a couple of matters, it has but to add flesh to the structure and scheme already agreed upon. However, the muscle is as important as the frame, and the devil is in the details, and there are any number of politicians and bureaucrats who would use every
University of Hyderabad
Call for Papers
Centre for Human Rights (CHR) in collaboration with Centre for the Study of Social Exclusion and Inclusive Policy (CSSEIP), University of Hyderabad will be organizing a two day National Seminar on Processes of Exclusion and Adivasi Rights in India to be held during 15-16 February, 2012 in C. V. Raman Auditorium. We invite abstracts from faculty, independent researchers, students and other delegates in the areas relevant to Processes of Adivasi Exclusion and Their Rights in India. Submissions should include title, author affiliation(s), contact details, and an abstract of not more than 250 words. Submissions should be sent to the Seminar Coordinator by 31st October, 2011. For more information please contact the Seminar Coordinator or open the link http://172.16.1.100/uploads/events/ Concept_Note_Feb2012.pdf for detailed SEMINAR CONCEPT NOTE.
Seminar Coordinator Dr. V. Srinivasa Rao Mobile 09492293299 Email: vasanthacnu@gmail.com OR vsrss@uohyd.ernet.in
vol xlvI no 41
october 8, 2011
21