The Lokpal Debate: Lokpal will be giant leap for democracy

Hacker: “Are you saying that winking at corruption is government policy?”

Sir Humphrey: “No, no, Minister! It could never be government policy. That is unthinkable! It’s only government practice.”

This exchange between the fictional British prime minister and his cabinet secretary from the TV series Yes Prime Minister pretty much sums up the state of governance in our country.

It’s not funny. It’s tragic that corruption has seeped into the very nervous system of the republic, and, make no mistake, every Indian attempting to lead a normal life and raise and provide for a family is paying the cost of this corruption.

The groundswell of public support for the amendments to the Lokpal Bill has clearly established that ordinary Indians want a recast of their democracy and governance.

Today, the voters’ mandate is easily violated by political parties purchasing majority in Parliament and government priorities are subverted by paying for such majority. The nexus of big money from big business and politics is the real driver of this distortion, and the influence of business on government and politics is virtually unchallenged because there are almost no institutions capable of doing so. This is compounded by the almost complete failure of most of Indian media.

That’s why the demand for Lokpal and lok ayukta is essentially a cry for a watchdog on behalf of the citizens. The Lokpal will be a super cop — not the best way to address malfeasance in government but, unfortunately, the only option left.

This is essentially a historic renegotiation of rights and obligations between the government and the citizen. Governments and politicians have to be moved to the role of ‘public servants and public service’ from the current ‘ruling elite’ mindset.   

The Lokpal Bill will be the catalyst for this change. Hence, it is vital that the Lokpal Bill provisions are beyond reproach and practical.

To begin with, transparency and public participation in redrafting of the bill is absolutely necessary. The proceedings of the Lokpal committee meetings must be telecast live on Lok Sabha TV, as demanded by the leaders of the redrafting campaign.

The redrafting is going to be a tug-of-war between the natural reluctance of a political/bureaucratic system that thrives only in a hazy, non-transparent world versus the demand by citizens for transparency and honesty.

The issue of suo motu investigative and prosecution powers with the Lokpal is vital.

There could be threshold evidence criteria required to be produced before this power is exercised to prevent misuse. I have no doubt the political/bureaucratic class will oppose this tooth and nail, and invent all kinds of excuses for it. But this suo moto power will either make or break the success of the Lokpal.

Next, the Lokpal must supersede and/or subsume all existing anti-corruption institutions like the CVC. Otherwise there will be the classic obfuscation by forum shopping, that is, Lokpal can’t investigate it because CVC is ‘seized’ of the matter or ‘CBI is investigating it’! Only the Supreme Court should be able to intervene/adjudicate on Lokpal’s decisions and findings.

Further, all bureaucrats and MPs should be covered by the Lokpal.

There should no immunity for anyone either using Parliament or government as a cover. This is critical to ensure that the fight for probity reaches everyone, including prime ministers and chief ministers.

The Lokpal must be mandated to function in the most transparent and disclosure-driven manner - with the use of public hearings and video and other broadcasts and transcripts to involve the people.

The appointment of the Lokpal is important, given its powers and the truth that an institution is only as good as the people in it. The appointment should be by a Supreme Court-monitored committee of Indians with a track record of work against corruption and for probity in government.

The five-year term is excessive; terms should be of 30 months and no more than two terms per person. The second term should be allowed only under exceptional circumstances that are defined.

The proposed structure of 10 members and a chairperson looks good. The proposal that they will work in benches of three or four on each matter would add both efficiency and credibility to the functioning of Lokpal.

The proposal to have a panel of minimum four lawyers should be improved to create a concept of a special prosecutor. The Lokpal should be able to bring in outside counsel in areas of sophisticated financial crimes and graft where normal criminal or civil lawyers may not be enough.

The demand for a Lokpal Bill by the Indian citizen is only the first tentative step to rebuilding our democracy. But this first step needs to be taken, and to paraphrase Neil Armstrong when he stepped on the moon:

“It will be a small first step, but a giant leap for Indian democracy!” 

— The writer is a former Supreme Court judge