Remove Political Vaccination to Curb Corruption

2010 ended with a political draw between UPA government & the
Opposition parties led by BJP over the demand for JPC probe in the 2G
scam. The winter sessions of the parliament was a wash out with UPA not
going beyond PM’s offer to appear before the Public Accounts Committee
of the parliament. BJP & opposition parties have been very rigid on JPC
probe.

The UPA government is now strategizing to face the budget session next
month which will be crucial from point of view of passing the budget. This
makes it necessary to break the logjam of parliament before the session
starts. It is reported that ordnance may be issued constituting the office of
the Lok Pal to take the steam out of BJP’s sail. I had raised the issue of
dusting off the Lok Pal bill in my blog on “Revisiting the Corruption Laws”
dated September 18, 2009. While it is good to revive the creation of
institution of Lok Pal, we need to take a leaf out of experiences of the states
where Lok Ayukta has been functional. Recently, Mr.Santosh Hegde, Lok
Ayukta of Karnataka has given following priorities:

1. Give 'suo motu' powers to the Upa Lok Ayukta, to investigate Class I
officials and politicians.

2. Lok Ayukta needed power to prosecute officials and if need be, grant
sanction for prosecution. The power of suspending and revoking suspension
of corrupt officials should vest with the Lok Ayukta and to amend Sec 36 of
CrPC, conferring police power on the Lok Ayukta.

There may be many more specific suggestions from other Lok Ayuktas from
other states. However, these critical aspects throw light on inadequacies of
the toothless tigers and cubs! Institutions like CBI, Lok Ayukta have been
made ineffective and have become handles in the hands of politicians. A
retired CBI director has been candid to state that CBI is neither independent
nor autonomous but is functioning as per directions of the government. In
2010 we have had a bonanza of high powered corruption cases involving
ministers, chief ministers, retired generals, and spotlights on retired CJIs,
Chief Vigilance Commissioner (CVC) as well as the Prime Minister. All of
them are pointers to the facts that corruption is omni-present and the existing
frame work is inadequate or ineffective in handling and preventing
corruption in high places.

A very significant aspect of the political environment is the presence of

enablers and enhancers for unethical practices and corruption. While an
ordinary worker in private sector is totally accountable and vulnerable for
being punished or sacked, there is no such fear for any one in the
government jobs or political establishment. There are provisions for
punishment etc which are only on paper with process complicated enough to
be pursued. The people in responsible positions in bureaucracy or political
establishment are not accountable except when convenient and required as
scapegoats.

Why should there be any need for approvals from say governor or the
President of India for prosecution of ministers as per provisions of the Indian
constitution by which they swear in? The ministers have unbridled licenses
for any criminal acts without fear of prosecution. Just last week one MLA
has been caught for trying to run over police personnel! MLAs / MPs /
ministers have been empowered by the people to do a task. This can not
absolve them of any wrongdoings and they can not be above the law. But in
six decades of independence, our politicians have managed to get themselves
totally immunized against any punishments. This is as if once initiated into
political stream, the people get vaccinated against any criminal proceedings
and application of any laws right from traffic offence to murder. A politician
getting immunity extends patronage to other hundred cronies who muscle
their way everywhere. And the worst is that such immunity is passed down
to next generation as heritage also!

The provisions for securing permissions to prosecute seem to be against the

basic principles of equality of law and therefore need to be questioned and
repealed. The purpose of creations of Lok Ayukta or Lok Pal institutions is
defeated by firewalls of immunity surrounding those for whom such
institutions are created. If Ceaser’s wife must be above suspicion, so be any
elected representative’s. It is time our legal pundits or NGOs challenge, with
PILs in the courts, such cancerous provisions to scuttle the applicability of
the laws for our lawmakers. We have found misuse of such provisions at
highest levels of governance including levels mentioned earlier. Therefore
no one deserves to be immune from prosecution.
Any exercise to placate opposition or win brownie points will only be an
eyewash, and waste of time & public money. Just remove the political
vaccination and the disease of corruption would come under control.

Vijay M. Deshpande
Corporate Advisor,
Strategic Management Initiative,
Pune 411021

January 7, 2011

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