India has been listed as one of the most corrupt countries in the world. It is a devastating assessment of a nation that aspires to be an economic power in the world and would like to project itself as a teacher of spiritual values to the rest of the world. Setting up a system for monitoring corruption and punishing the corrupt is a complex task. The institution of a Lokpal can be an effective first step provided we do not overload the institution of Lokpal and make it ineffective. The Lokpal needs to be supported by a network of existing, modified, or new supportive institutions, and guided by proper clear laws.

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There is, for instance, the petty public servant who will demand a bribe to do his duty. Someone who needs a death certificate has little choice. He needs the document. Lodging a complaint is time consuming, and he may have to pay a bribe, with the outcome uncertain. Any institution dealing with these “small” cases will have to be extensive in its reach and need a massive nationwide network to function effectively.

Setting up short-staffed institutions has been the bane of this country. The Right to Information Act is experiencing this kind of overload. Therefore, ensuring proper infrastructure is essential to remove corruption.In cases of corruption involving millions of rupees, we need a Lokpal as an institution that can withstand pressure from those in high positions and can bring the corrupt to the bar of the people. Unless the Lokpal is seen at the apex of a network of anti-corruption programmes with supportive institutions, and unless the  role of the Lokpal is perceived in this manner, the load of grievances may choke its functioning.

The existing Lok Ayuktas need to be integrated with the Lokpal, besides being appropriately and uniformly empowered across the country, if necessary, by a constitutional amendment. Similarly, the CVC and CBI need to be strengthened, made independent, and given specific areas of action so that they can act against the corrupt.

The most obvious organisation that requires independence and freedom is the police. The police have become a source of corruption rather than a remedy for corruption. Unless we have an honest and competent police force, the citizens will be at the mercy of criminals, gangsters, and bribe-takers.

The laws dealing with corruption also need to be examined. Should a member of Parliament taking bribe to vote in a particular way enjoy immunity under Article 105(2) of the Constitution? Should charge-sheeted people be allowed to stand for elections? The Prevention of Corruption Act and the relevant provisions of the Indian Penal Code need to be analysed.

The Jan Lokpal bill is a comprehensive first draft. The most important part is appointment of the Lokpal. The right person at the right post makes all the difference. But there are some curious provisions in the Bill regarding this. The draft says the selection committee should have the two youngest Supreme Court judges and two youngest chief justices of high courts as members. There is no justification for preferring the youngest. It might be more relevant to take into account the length of judicial and administrative experience in the higher judiciary. The Comptroller and Auditor General and Chief Election Commissioner might be more appropriate in the nominating committee.

A 10-member Lokpal along with the chair can make it difficult to take decisions; a smaller body of five members and chair can be more effective.

There is currently an ongoing debate on the process of impeachment and on how to deal with the misconduct of judges without undermining the judiciary’s independence. The special character of the work done by judges and the need for independent judges mandate a separate and special procedure to deal with their misconduct. It should not form a part of the omnibus Lokpal bill.

We need an effective judicial system. Today it is so overloaded that it cannot deliver effective justice within a reasonable time. Empowering the judicial system through a planned expansion of its infrastructure and strength over five to seven years is vital to ensure the rule of law in this country. Whether the Lokpal will be given a separate judicial network at its disposal, which is adequate for it needs, or whether it will be asked to utilise the existing judicial structure, will also depend upon this planned expansion and speedy decision-making on the part of the existing judicial system. 

Civil society too needs to make its voice effective for these vital changes so that we have a country that can take its place in the front ranks of international bodies.

— The writer is a former Supreme Court judge and former chief justice of Kerala high court