Jan andolan? Yes Jan Lok Pal?

No

Do not burn down your house to kill the rat- A Indian proverb The proposed Jan Lok Pal intends to attack corruption, seen as the biggest threat to Indian democracy, by administering a large dose of antidemocratic elitism into the political system. A blind faith is put on an institution which will, in theory, and even more, in practice violate the most basic democratic principles. This draconian action, it seems, is justified by pointing out that scams, big and small, involving top politicians are emerging at regular intervals. While that is undisputed, do we really need to weaken our democratic institutions to attack corruption? We, in India, have several instances of strong undemocratic actions taken ostensibly to address extraordinary circumstances which have only caused larger problems and produced virtually no positive results. Jan Lok Pals Brahmastras According to its proponents, the proposed Jan Lok Pal has two unique features that will make it an effective instrument to fight corruption. One, it has wide powers- better termed as unlimited powers. It can take up cases on its own, investigate, prosecute and punish politicians, bureaucrats and judicial members who indulge in corrupt practices. All these powers are given to it without any accountability to any higher authority on the pretext that only full autonomy from the executive will make it effective. The Jan Lok Pal scheme is overtly very simple. It is something like a single window system. Once an individual is prima facia found indulging in corruption practices, the Lok Pal can do everything needed, in-house, to punish him. The whole process of investigation, prosecuting and punishing is to be done in a time bound manner. It is believed that corruption cases will then be dealt quickly and effectively. The only safeguard (or is a loophole?) against any miscarriage of justice by the Lok Pal is through appeals to High Court and the Supreme Court. At what cost will this speed and effectiveness be achieved? The absolutely vital principle of democracy-the division of powers is bypassed. The Jan Lok Pal combines all three powers in it; to enable it to function independently. What about the frequently proved maxim that power corrupts and absolute power corrupts absolutely? We simply should trust that the multimember selection committee will select individuals with impeccable integrity and who then will continue to remain so, in face of great temptations. No one cant be really serious on this one as most if not all appointees will be from the bureaucracy and the judiciary-institutions themselves seen as sources of or at least as being ineffective fighters of corruption. In any case, there is no institution which is not accused of harbouring corrupt individuals within it. The second important feature is that virtually the whole government from the top to bottom will be within the overview of the Lok Pal. Again, according to its advocates corruption

pervades every government action and therefore the Lok Pals jurisdiction should be all over the government. From a meagre tip to the office peon to get information on his bosss whereabouts to the multi-million dollar kickbacks in international defence deals; all will be dealt by the Lok Pal. How will any Lok Pal prioritise and handle such heavy work load is not known. Perhaps she will have to be selective and take only a few big cases similar to what the CAG does in its statutory auditing of government accounts. But then her job is more complicated than the CAGs as she needs to identify, investigate, prosecute and then punish the wrong doers. Certainly not an easy task.... The number of staff members needed for this kind of work is going to be huge and control over them virtually impossible. If by some miracle, the Lok Pal does successfully oversee the whole government, the consequences are even more hazardous. It will then become a government over the government, a big brother and a leviathan over the leviathan. One government to act and another one to scrutinise and correct! Historys lessons The advocates of the Jan Lok Pal forget history and its lessons. Every institution which they now deride with relish has emerged in course of history after a bitter struggle by ordinary people to expand democratic space. Parliamentarians actions in the parliament are outside judicial authority so that they can act without fear and favour. Similarly judicial officers are protected as administration of justice often annoys powerful individuals and governments who then may retaliate with false complaints and vengeful litigations. There is a delicate balance to be maintained between the three branches of the state. Frequent irresolvable conflicts between the branches will result in chaos. Imagine what would happen if every other decision of the Supreme Court is contested by political parties and labelled as being not right and the Courts continuously interfere with executive decisions. It would result in never ending conflicts descending into anarchy. More over, if the parliamentarians and members of the judiciary can misuse these privileges which they do; there is no guarantee that the Lok Pal Members will not misuse the same. Every privilege the parliament and the judiciary now enjoy has been given to these institutions to function for the people. It is another matter that they sometimes make use of it badly. But that is not surprising as the risk of bad governance is always there in any system of governance. The democratic system is not a perfect one, simply the best among the ones available. If as a nation, we have chosen the democratic system it is also the citizens responsibility to see that it functions properly. This is mainly done (i) by periodical elections process conducted at different levels which allow the people to change those who governs them and (ii) Between elections, through constant vigilance by the judiciary, mass media and civil society. It is a difficult and complicated process but which has to be done because there are no other alternatives available. Handing over arbitrary powers to the Lok Pal with a few ex-bureaucrats and ex- judicial members on its panel and hoping that they will succeed where democratic institutions have failed is a surrender of democratic space to technocrats and bureaucrats. Ironically, democratic institutions and processes emerged only after and because this kind of elite management failed and became anti-people.

G. K. Chesterton once warned enthusiastic reformers not to remove any fences without knowing why they were put in the first place. For Jan Lok Pal proponents however, the checks and balances in the system are simply hurdles to be removed on the path towards a corruption free society. They should do a rethink. The andolan is welcome as peoples movements are the best means to change the governments ways but their Jan Lok Pal is not. Carry on the anti- corruption Jan andolan but jettison the Jan Lok Pal. Name of the Author Mr. Joseph Varghese Address; Lecturer, Department of Social Work, Sriniketan, Visva- Bharati, Birbhum District, West Bengal 731236 Email joselv10@gmail.com joselv10@gmail.com Mob 9476342071