IS INDIA HEADING TOWARDS A TOUGH AND CONSTITUTIONALLY SOUND LOKPAL BILL?
Major General YK Gera (Retd)
Introduction
The reason we see overwhelming support for Anna Hazare’s protest fast is, public anxiety about corruption at all levels. The people’s anger is directed against bad governance as well as institutional apathy towards the problem of the aam aadmi. Spiralling inflation has increased the Government’s difficulty further. Anna’s personal image has won him instant support. However, it should be appreciated that the Lokpal would not be an instant cure for corruption. This institution if created is likely to be the first step towards accountability of the system.
People’s Disgust and Expectations
The large middle class in India is disgusted with the state of our politics. People are yearning for quick solutions. There is a growing impatience with slow movement as far as checks and balances in our democratic system are concerned. Anna Hazare has emerged as the messiah; and people are looking up to him for satisfaction of their expectations.
The disgust that Indians feel for the politics and politicians has not come about suddenly. It has been simmering for years. The political class has ceded moral authority in governance as well as legislative responsibilities. At times the vacuum has been filled by judicial activism and NGOs. Media has also contributed to this phenomenon by exposing a number of scams and misdeeds. The disgust is deeply entrenched and may not fade away easily.
Mishandling of Agitation
(a) Impression of Not Being Serious about Tackling Corruption. There was a need for the Government to work out a strategy and take bold and decisive actions and display that it was serious about tackling corruption. However, what was actually done was dragging of feet and a series of tactical blunders. During a discussion on the issue, on a TV channel on 19 August 2011, one of the participants, stated that the Government scored nine self goals.
(b) Agitation Modelled on Civil Disobedience Tactics. Anna Hazare’s actions are modelled on Gandhian civil disobedience tactics. Yet the Government appears to have been taken by surprise at every turn of event. There appears to be a political disconnect as is obvious from the Parliamentary discussion on Anna’s arrest. The Government took pains to explain technicalities rather than focus on substance. The real issue is ridding the country of corruption, which the Government’s spokespersons did their best to skirt around and hedge with negative impact. The common perception is that the Government’s actions have been inconsistent. On 21 August 2011 (Sunday) an angry tide converged at Ramlila grounds. The number of supporters swelled to over one lakh making it the biggest show of people’s power. Reports of agitations from other big cities such as Mumbai, Chennai, Bangalore and so on have also been pouring in.
(c) Public Cynicism. There is no doubt that the entire political class including the opposition is responsible for the public cynicism about politicians. However, the issue has come to the boiling point during the stewardship of UPA-II Government and onus rests on it to introduce changes and build consensus as per the system of Parliamentary democracy.
Likely Reasons for Indifferent Response by the Government
(a) Lack of Proactive Leadership. Instead of coherent chain of command, there has been no place where the buck has stopped firmly. Various ministers and leaders have made statements and comments without being consistent. General impression gathered is, a lack of well thought out strategy, thrust line and synergy.
(b) Inertia. Scams and scandals have been going on for decades. Various corruption scandals eventually have been getting dissipated. Consequently, even a year full of scams and agitations, is perhaps still seen as yet another passing phase.
(c) Role of Opposition Political Parties. There is a suspicion that the opposition has either engineered the agitation or is shrewdly drawing political mileage out of it. Even if it is true, it does not absolve the Government of its responsibility of good governance.
Ground Realities and a Ray of Hope
(a) Prevailing Sentiments. The articulation of Government’s intent has been a problem as the impression generated, by the initial tough actions, was one of an arrogant regime which is not being sensitive to public opinion. The activists are riding an “anti - politics” sentiment. The Government is looking to play a waiting game leading to further exasperation. The Centre seems keen to ensure that any changes to the Government’s Lokpal draft should be made as part of the Parliamentary process.
(b) Lack of Confidence in Political Class. What is being perceived by the people is in many ways a breakdown of the ability of politicians to represent the aspirations of the people efficiently and honestly. The protest against corruption is a larger vote of no confidence in the political class and a desire to force their hand, since they cannot be bypassed.
(c) Views of Constitutional Experts. Some experts have questioned Jan Lokpal draft on the undesirability of compromising democratic checks and balances. The proposed Lokpal having oversight of the executive, legislative and judicial pillars of democracy would violate the tenets of the Indian Constitution. In practice, competence to do so may also not be there.
(d) Exemption of Head of Government. Some democracies exempt the head of the Government from oversight by Lokpal for very cogent reasons. In most cases such exemptions are only for official actions and while in office. There is no reason as to why this issue cannot be discussed objectively.
(e) Cooperation of Opposition Parties. Many in the opposition are willing to cooperate with the Government. Some have clearly said that they are not entirely in agreement with the Jan Lokpal draft.
(f) Likely Flexible Approach by Both Sides. Even highly publicised intransigence of “team Anna” may be an exaggeration. There are hints that they are willing to consider reasonable changes in their draft. The Government is likely to look for ways to accommodate some of the activist’s demands. The Centre has already junked its faltering techno-managerial response to the Lokpal stand-off by getting Pravin Aron, Congress MP to send the Jan Lokpal draft to the Parliamentary Standing Committee for consideration. Both drafts are likely to be considered objectively. Thus there is a ray of hope that the issue may get resolved amicably keeping the wider National interests in mind and likely horrendous consequences of continued confrontation.
Need for Statesmanship and Magnanimity
The need of ridding the Country of corruption should be sacrosanct. The National leadership should intervene and overrule, if required, all procedural wrangles. After all Lokpal bill has been tossed around for more than four decades due to lack of political will. Statesmanship and magnanimity should come from the top leadership as further delay is not warranted.
Conclusion
There is a need for compromise to adopt reasonable approach. The time appears to be ripe for a tough and constitutionally sound Lokpal Bill being passed to rid the Country of corruption. In practice, it may prove to be the first step in that direction.
Major General YK Gera (Retd) is a Consultant Research at the Centre for Strategic Studies and Simulation, USI. (Article uploaded on August 23, 2011).