gfiles Magazine October 2011 Issue

lokpal bill pm sinha

 

 

A Gordian knot lies ahead of the ombudsman

But the government can cut it by rushing through administrative reforms

 

THE real issue in the Lokpal imbroglio is the manner in which he will carry out his gigantic task. Apart from having power over all Central government servants, politicians and so on, and having the grievances of millions of civil society members to redress, if he and his team are expected to punish the guilty, the office of Lokpal might become unwieldy.

 

Imagine the size of his Secretariat, which will be expected to evaluate the complaints before putting them up to the Lokpal Committee. He will need a Secretariat of 2,000-5,000 people. Next comes the investigative agency, which will require 5000-10,000 people. These numbers will be critical if time-bound action is to be taken by the Lokpal. 

 

We also need to define the corruption. Will it be only financial, or include charges of molestation, rape, murder, attempted murder and physical violence, often indulged in by government servants and politicians? If these are covered, the task becomes bigger. 

 

It also means that the CBI or CVC cannot possibly be under the Lokpal, as they investigate not only Central government employees and politicians but everyone indulging in any act of corruption or misdemeanor all over the country. The CBI has two divisions, one to handle crime and the other for corruption. The corruption wing could be transferred to the Lokpal’s supervison.

 

 

The Hazare movement should not be confined to holding protests at the Centre. The supporters should fan out to every sizeable village and do their job of communication.

 

 

Hence, the Lokpal will have its own investigating agency. So consider multiplying the number of officials by 29, since each State will have a Lokayukta. Forget about expenditure, where will such a large number of honest people be found? It will be difficult enough to find a Lokpal, a Lokayukta and immediate team members.

 

The task of the framers of the Lokpal and Lokayukta Bills is monumental. Our country lags in implementation and execution of rules and regulations. A clear definition on implementation by the Lokpal and Lokayukta needs mechanisms and institutions to support it, and this will need to be framed with clearly defined rules.

 

Another troubling question is whether the punishment given by such august bodies can be challenged in court. If so, real justice will take years. It may be possible to have special benches to decide on punishment, and such orders should not be allowed to be challenged in courts. Does our Constitution permit this? Rulings by special courts on punishment will have to be time-bound – say, 90 days. How many special courts will we need? There should also be a  time-frame for the Lokpal and Lokayukta to complete investigation and give a ruling, certainly not more than six months. This will establish the credibility of the Lokpal and Lokayukta.

 

 

Take a look at the current scenario. A Deputy SP in Punjab is raided and Rs 125 crore found in cash, besides 55 bottles of Remy Martin and countless ones of Chivas Regal. In Madhya Pradesh, an IAS officer with a wife also in the IAS had Rs 325 crore worth of cash, gold, ornaments, and other assets. In such cases, why do we need a Lokpal? A sentence by the Central or State government should be enough, and such orders should also not be subject to further court appeals. Prompt action in such cases where people are caught red-handed, with punishment meted out within 30 days, will go a long way in reviving civil society’s trust. Where Central and State funds meant for the poor do not reach them, accountability can easily be fixed by even the District Magistrate, and punishment accorded instantly. This, of course, will require that honest and efficient officers are not transferred three times in six weeks, like in UP, and at least All India Services officers are retained in their posts for at least two years unless found corrupt, when the reasons for transfer are to be submitted in writing.

 

The Central government has to bring in administrative reforms, where the State does not have power to transfer officers appointed by the President of India in an ad hoc manner. In extreme cases, transfers may be done by consent of the DoPT, Government of India. 

 

WE have a Constitutional institution in the CVC. Can he not be empowered to find corrupt officers below the rank of a Deputy Secretary to the Government of India and punish them according to the rules to be framed? The CVC does a thorough probe and can even use the CBI investigation cell to clearly establish the gravity of the offence. As of now, for at least the PSUs, he is a recommendatory authority; the boards can sack corrupt PSU employees but cannot mete out punishment. They can only file an FIR. The process is too tedious and takes too long. 

 

After the Lokpal and Lokayukta come into existence, the government and activists have the massive task of communicating the new rules to civil society. This will need the holding of meetings in every tehsil and at panchayat level. It will be necessary to inform tehsildars and panchayat heads that they can be punished as well if they do not transparently perform the task of delivering to all deserving poor people the money sanctioned under different programmes.

 

It will be necessary to inform tehsildars and panchayat heads that they can be punished as well if they do not transparently perform the task of delivering to the poor.     

 

The district civil administration, including the District Magistrate and his team, or the SP, has to inform all those working for them of the consequences of nontransparent actions. The civil authorities in charge of ensuring delivery of essential commodities must take prompt action against hoarders, and imprison them without bail.

 

Just 30-40 cases of punishment in districts and tehsils in six months will go a long way in building civil society’s trust in government. No one, not even elected politicians, should be spared. The State government, political parties, and certainly the CM and other politicians must readily accept the new system and not interfere with implementation.

 

Finally, the Anna Hazare movement should not be confined to holding protests at the Centre. The hundreds of supporters, many of whom have become serious activists, should fan out to every sizeable village and do their job of communication. Eradicating corruption is a humongous exercise that may take some time, but it must be launched immediately. The government alone cannot communicate the new rules, civil society must play a part. The latter must also ensure that each aam admi refuses to offer bribes in any form. The bribe-giver is equally punishable, and examples must be made of those who continue to get favours by corrupting officials or politicians.

 

I shudder at the responsibility we are placing on the Lokpal and Lokayukta and the giganticity of their task. It is possible only if major administrative reforms are implemented urgently. g

 

The writer is former CEO, Pepsi, and former Chairman of Bata.

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