How To Root Out Corruption…..Arvind Kejriwal
Our existing anti-corruption laws and systems are heavily compromised
Our existing anti-corruption laws and systems are heavily compromised
The prime minister has announced the Shunglu committee to inquire into corruption in Commonwealth Games projects.But the Comptroller and Auditor General (CAG),Central Vigilance Commission (CVC),income tax department,Enforcement Directorate (ED),CBI and the like are already making inquiries.Has the prime minister lost faith in these agencies If so,it is not surprising.
Let us look at the state of the ongoing inquiries so far.The CVC is looking into just about 18 contracts or so,when there are,in fact,thousands of contracts.With the range of politicians facing allegations,the CBI can hardly be trusted to do an honest investigation as it is directly under the government and takes its orders from the same set of politicians.The ED is looking only into foreign exchange-related matters such as controversies surrounding the Queens baton.One is not sure of the ambit of the CAGs inquiries but both the CAG and the CVC do not have the jurisdiction or powers to investigate the role of politicians.So,effectively,politicians are not in the ambit of any ongoing inquiries.
And so the prime minister has decided to set up the Shunglu committee.But the prescription seems to be worse than the disease.The committee neither has powers nor the jurisdiction to conduct the most basic inquiries.Forget politicians,it does not even have the powers to call for records from a clerk.Agencies like the CVC and CAG draw their powers from various laws.Yet,they find it so difficult to get their orders implemented because of an obdurate and corrupt government machinery.Under what law would the Shunglu committee be able to have its orders implemented It would be foolhardy to believe that the bureaucracy would oblige just because the committee has been appointed by the prime minister.
The committee basically seems an eyewash meant to silence strong criticism in the media and to show that the government is taking action.The money made from the Games is believed to have travelled right to the top.None of the investigating bodies have the mandate to question Sheila Dikshit or Suresh Kalmadi or Jaipal Reddy.All these agencies will merely be concentrating on tenders and papers and questioning up to middle-level officers who were merely conduits and doing the bidding of their political masters.
I would sincerely urge V K Shunglu not to tarnish his reputation by colluding with the government in this coverup operation.
The Games and the 2G spectrum allocation have raised the issue of corruption to a pitch that has never happened before.The government is under pressure.However,rather than be fooled by steps such as the appointment of the Shunglu committee,it is time that we demanded comprehensive and effective anticorruption systems and laws.
The present anti-corruption laws and systems in our country suffer from internal contradictions.There is a plethora of anti-corruption agencies.In each of these agencies,the government has deliberately left some critical loophole so as to make it ineffective.For instance,the CVC is an independent body but does not have the power to take any action.It is merely an advisory body.Plus,it does not have jurisdiction over politicians.The CBI has the power but does not seem independent.It is directly controlled by the government.Also,it needs the governments permission to initiate investigations and to launch prosecution in any case.
The government has announced the setting up of yet another agency called the Lokpal by December.Again,the government is playing dirty.According to its proposal,the Lokpal would have jurisdiction over politicians but not bureaucrats,as if the two indulge in corruption separately.So,almost every case will be investigated by both the CVC and the Lokpal;the former will look into the role of bureaucrats and the latter will look into the role of politicians.The obvious question is,why cant the same agency investigate both And the most interesting part is that even the Lokpal is being made an advisory body.It would merely recommend to the government to initiate prosecution against,say,some of its ministers.Is it likely the government would ever do that
It is time that the media focussed on the critical issues afflicting our anti-corruption systems.Let the media say that unless these deficiencies are addressed,no agency is capable of doing an honest and effective investigation.All of them should be merged into one single agency,the Lokpal.Give it jurisdiction over both bureaucrats and politicians.Give it comprehensive powers to investigate and prosecute the guilty without needing any permission.
But the functioning of the Lokpal should be completely transparent so that it does not become a centre of corruption.Lokpal members should also be appointed through a transparent and participatory process,lest it become a tool in the hands of some political party.
Let the government first set up such a Lokpal and then hand over the CWG and 2G spectrum cases to it.Only that will yield effective results.Else,these issues will merely cause cacophony in the media with the outcome already known.
The writer is an RTI activist.
* When the political class cant be questioned