Fighting corruption is a national agenda…..Kalyani Shankar
The Lok Pal bill has come to the fore once again with the government declaring its intention to introduce it in the winter session of Parliament. It will be the tenth time the bill will go to Parliament and one can only hope that this time it may be passed. With corruption becoming a big issue after the Commonwealth Games it is high time that the Lok Pal comes into existence. But going by the previous experience it looks quite a Herculean task and unless there is political will, the bill may fall once again.
Old timers point out how the bill was first recommended by the Administrative Reforms Commission headed by Morarji Desai in 1966. He suggested a two- tier system with a Lok Pal at the centre and Lokyukhtas at the state level independent of each other.
The initial response to the bill was encouraging and the Lok Sabha first passed it in 1969 but the Rajya Sabha could not do so because the elections were called and the bill lapsed. Since then several attempts had been made by various governments in 1971, 1975, 1985, 1989,1996, 1998, 2001, 2005 and 2008. But the bill was jinxed just like the women reservation bill. Except in 1985 when the bill was withdrawn, all other times the Lok Sabha was dissolved. The main reason for this is the lack of political will.
As for the second tier, 17 states had constituted Lokayukthas but Orissa was the first to institute a Lokayukta in 1971 and it also abolished it in 1993. The states had varying degrees of powers vested in the institution. While some had included chief ministers under the purview of the Lokayukhta, others did not even include the legislators. Most of these states have their own story to tell.
Interestingly it is nobody’s case that just because the Lokayukhtas were appointed, corruption was checked in these states. Karnataka is a classic example. Only recently Lokayuktha Justice Santosh Hegde had threatened to resign, as he was powerless to deal with the influential Reddy brothers of Bellary, who control the mines in the district. It took the intervention of BJP leader L.K. Advani to persuade him to remain in his post. Even in the case of UP Justice Narendra Kumar Mehrotra of Supreme Court had to step in to check UP chief minister Mayawati from installing large-scale statues. Politics is today ruled by money power and muscle power.
It is indeed a welcome step that the Lok Pal bill may be introduced in the winter session. The main bone of contention whether the prime minister should be included under the purview of Lok Pal has now been resolved. Both Mr Atal Behari Vajpayee and Dr. Manmohan Singh ha had supported it. The proposed Lok Pal bill includes the prime minister and his ministerial colleagues and MPs under its purview. Naturally the Lok Pal will not be able to look into complaints against the President of India, Vice President. Lok Sabha Speaker, Deputy Speaker. Deputy Chairman of Rajya Sabha, High Court judges and Supreme Court judges. Attorney General, Chief Election Commissioner and Election Commissioners as well as the Chairman and member of the Scheduled caste and Scheduled tribes Commission also do not come under its purview These are constitutional bodies and they could be impeached.
The bill proposes a three member body headed by a sitting or retired chief justice of India selected by a collegiums headed by the Vice President of India including Prime Minister. However, there are critics who feel that this highly political body may not be effective as no one can expect these collegiums to move against politicians.
Why do we need a Lok Pal? With increasing instances of corruption in high places and misuse of pubic money, Lok Pal is seen as necessary to instill confidence among the public. The image of the politicians is sliding rapidly and the public is getting disenchanted with the corrupt politicians. The kind of scams like the 2G scam or the Common wealth Games make it imperative on the part of the government to look transparent.
Secondly, there is increasing concern among eminent citizens about the scale of corruption. It is significant to note how a group of eminent persons including a former CVC P. Shankar, Karnataka Lokayukhta Justice Hegde and former Election Commissioner Lyndogh had written to Prime Minister urging him to pass the bill urgently. All of them had headed anti corruption agencies and had a first hand experience of checking corruption and the loopholes in the system.
Thirdly, there is a need for setting up independent impartial institutions like the Lok Pal with the powers to investigate and prosecute politicians and corrupt bureaucrats. Right now the CVC, CBI and other investigative bodies do not have that kind of powers in the existing anti corruption architecture. Moreover, they have also lost credibility. The existing institutions like the CVC is meant for only officials while the CBI is seen as a handmaid of the ruling government.
Fourthly, an ordinary citizen gets access to Lok Pal. At a time when it is difficult even to have access to an MLA or an MP, this will be a great advantage to a citizen. It may also prevent a case of delayed justice, as the Lok Pal has to decide within a time frame. The citizen does not have to spend money by way of high legal fee.
There are many ifs and buts before the Lok Pal bill is passed. Unless all the political parties come together on this issue, it cannot see the daylight. It is not enough just to make accusations of corruption against the ruling party and not seriously concerned about the solutions. The proof of the pudding is in the eating. MPs should be as serious about passing this bill just as they are unanimous in voting for pay hike for themselves. Lok Pal, when it is setup, should be made powerful enough to deal with the kind of corruption in high places.
The RTI act and its use by the citizens is a shining example of how a common man can use this power to get justice. Who believed that the RTI would be so successful? If the RTI could work why not Lok Pal with full powers to tackle corruption?
No doubt corruption is an issue not only in India but also in other countries including China and Japan. If it is not checked, there will soon be a day when the public will have no faith in the political system and democracy. (IPA)