Political Diary

New Delhi, 26 March 2019

Lokpal, Finally!

BATTLE FOR CLEAN POLITICS

By Poonam I Kaushish

Phew, after 50 long years and innumerable hiccups the long pending Lokpal became reality last week. The first baby steps towards cleaning up the political cesspool, belling the big fat cat of corruption and creating a structure of transparency. All have their fingers crossed as the taste of the pudding would lie in how effective it is at the ground work level. At best a work in progress.

Undeniably, the appointment reeks of an insincere gesture at worst and lackadaisical at best as the Modi Sarkar was pushed into a corner by the Supreme Court and left with no option but to convene the selection committee comprising Prime Minister Modi, Chief Justice of India Gogoi, Lok Sabha Speaker, and ex-Attorney General Rohatagi which anointed former Supreme Court Justice PC Ghose India’s first Lokpal alongside one High Court Chief Justice and three ex-Chief Justices as judicial members in the anti-corruption ombudsman. Four vacancies comprising ST/SC, OBC, minorities and women are still vacant.  That too, five years after the Lokpal and Lokayuktas Act were passed.

Predictably, it triggered a political controversy as Congress leader Mallikarjun Kharge, a “special invite” to the Lokpal selection panel, boycotted all meetings. Taking a pot shot at the BJP, the Congress fired its first salvo seeking the Lokpal investigate a media report alleging Rs 1800 crores bribes being paid by former Karnataka Chief Minister Yeddyurappa to BJP's top brass. Reportedly this was mentioned in a diary seized during raids by the Income Tax Department.

Questionably, are we better off with a Lokpal? Will it help put an end to the creeping systemic rot, pervasive corruption and misgovernance in political and administrative spheres? How does one expect the LokPal to work independently when it is dependent on the jaded CBI?

Clearly, there are no answers to these questions. It would be presumptuous to assume that a piece of paper will sound the death-knell of the corrupt. Given that every law has a loophole, each argument a counter viewpoint whereby one can’t comply with 100% of laws without violating at least 10% of them! And just as all fingers are not the same, one cannot tar all men with the same corrupt brush.

Think. The Lokpal would be dependent on agencies like the CBI which is synonymous with being a “caged parrot” of Governments, hand maiden of our netagan and dances to their tune wherein its fatal attraction for political cover-ups, clean chits, hit-ins and fool proof surety for law enforcers to become law breakers. Till date it is directly under the Prime Minister. Worse, the drama played out recently between the agency’s No 1 and No 2 fighting it out leading to ugly consequences has led to a steep fall of the institution’s prestige in people eyes.

Another serious drawback is that the ombudsman 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. It has no power to suggest action for remedy. It is for the competent authority to decide what sort of action is to be taken or not taken against the report. 

Certainly, the Lokpal’s institution has met with mixed reactions. Not a few feel the ombudsman would be a powerful entity to check malpractices by ex-Prime Ministers, Ministers, MPs, bureaucrats etc with powers to use any central agency ranging from CBI, Intelligence Bureau to Enforcement Directorate and refer cases to special courts. The anti-corruption ombudsman could also requisition services of any agency in an investigation once it concluded that a complaint was valid and needed a thorough probe along-with sanctioning prosecution against public servants.

Others criticize it on several counts: One, it is adding another institution without fixing the jaded ones like CBI, ED and IT and would not solve problems caused by too many layers of Government bureaucracy, instead it would worsen it.  Two, it could short circuit Constitutional checks and balances. Three, paralyze the Executive’s effective functioning which could be gripped by fear.

Four, honest civil servants would play safe and not take decisions. If at all they must, they would take the safest decision possible. Five, it could result in higher bribes as bureaucrats would see the Lokpal as an additional risk. Six, if the ombudsman gets full power, the first bomb would fall on our leaders. Why would they even make a mistake that can finish them?

Pertinently, the Lokpal would not obviate the vital reason for the CBI being supplicant to its mai baaps, as its outgoing CBI director’s desiring future employment could influence and compromise his independence and the agency’s while conducting an investigation.

An example: Even as the Lokpal would have a say in the transfer of officers investigating a complaint, it is also in the realm of possibility that the Government could ensure that a “pliant” official is earmarked to the ombudsman for investigations in sensitive corruption issues involving politicians and bureaucrats. Specially against the backdrop that there are over 1,300 cases pending against MPs and MLAs in various courts.

Additionally, we lack adequate resources for investigations and extensive technical capabilities, don’t have unambiguous laws and active courts to deliver quick and strict verdicts on corruption, there is no system to properly measure ghooskhori and courts are not equipped with laws that allow them to deal with complex cases of huge and petty corruption.

Only time will tell whether the Lokpal would end sleazy, yet, it does not stop the Government from making the institution a top-class outfit whereby it flushes out the political cesspit. Side by side the next Government must set in motion long pending judicial reforms. The judicial process must be overhauled post haste to deliver a final verdict in months, not decades as happens currently. Already over 3 crores cases are pending in various courts.

Two, the Supreme Court needs to streamline the functioning of the lower judiciary. Three, we need to bring into force the much-debated electoral reforms. As long as political parties continue to collect and spend funds in an unaccountable fashion, corruption in other walks of life in India will continue.

Parties collecting and disbursing money thus enable politicians to be corrupt, which, in turn, suborns the bureaucracy and governance. Sadly, as India goes to polls there is no mechanism in place to make Government functioning and political Parties funding transparent and accountable.

 In sum with ‘chowkidar’ being the flavour of the season it remains to be seen how the ombudsman shapes out vis-à-vis it’s functioning. Corruption has spread its tentacles so deep and wide that sharks are capable of undermining and denting the system to hold sway. After all, the Lokpal is no magic wand or messiah to erase the festering sleazy sores. It can only be stymied if there is political will. A tough act given our antiquated laws, weak vigilance and judicial system.

In a milieu where the nautanki of corruption has become an absurd annual feature, the time has come for our leaders to wake up from their deep slumber of self conceit and deception. Above all, we need politicians who are men of conscience, integrity and credibility. Not comrades in crime. Else the aam aadmi and history will never forgive them. Political accountability is paramount. The battle for clean politics is on. Ready to join? ---- INFA.

(Copyright, India News & Feature  Alliance)