One is compelled to notice three different indicators, the first being one of inaction, the second being one of messed-up action and the third being an opportunistic action, all subserving the cause of expediency bereft of ethical considerations.
The Union Parliament enacted the lokpal and lokayukta Act, 2013. The Act, inter alia, provides that every State is to appoint a lokayukta within a year from its commencement. Odisha was the first State to have enacted a law after the (Central) lokpal & lokayukta Act, 2013 came into operation. The Orissa lokayukta Bill after being passed by the Assembly received the assent of the President on January 16, 2015 and the State Act came into operation on and from that date. A further year has passed and the lokayukta is yet to be constituted.
The lokayukta Act of Odisha, inter alia, envisages inquiry into allegations of corruption against public functionaries, including the Chief Minister, Ministers, MlAs, senior officers and employees of the State Government. The lokayukta is also vested with powers to inquire into the matters of public interest connected with or incidental to such main inquiries.
Odisha had a lokpal under a separate Act, which now stands repealed and replaced by the Orissa lokayukta Act, 2015. The last lokpal, a former judge of the Orissa High Court, died in January 2013. The vacancy of lokpal was continuing till January 2015, when the new State Act came into operation. A further year has already lapsed with the result that in a period of three years, there is no investigating and fact-finding authority, leaving the “Vigilance” to be the sole favourite of the State Government. The Orissa lokayukta Act envisages a six-member lokayukta panel headed by a chairperson, who could be a sitting or retired High Court judge. The panel is to be selected by a committee consisting of the Speaker of the Assembly, the leader of Opposition, the Chief Justice of Orissa High Court or a judge nominated by him, an eminent jurist nominated by the Governor and the Chief Minister is the head of this committee. While we have had a lot of noise about probity and transparency in public affairs, for three years the State has been without a lokpal or lokayukta. The inactions, spanning over for this long period, has denied the people the benefit of appropriate redressal of their grievances against the higher-ups. The common man is bound to ascribe motives and intentions to the inordinate delay. The hiatus between intent and action is so wide as to attract the comment of being deliberate.
l It has been an unusual and painful experience for all of us when the Prime Minister could not find any time for a delegation of the Odisha legislative Assembly. On December 10, 2015, the House Committee on Polavaram decided that the committee shall seek an audience with the PM to apprise him of Odisha’s concern and objections regarding the Polavaram project. Notably, the Andhra Pradesh Government is progressively continuing with the implementation of the project, which has meanwhile been declared by the Central Government as one of national importance. A day after the above mentioned meeting of December 10 of the House Committee, the ruling BJD MlAs abstained from participating in the proceedings of the House and went ahead to march to the Raj Bhavan and handed over a memorandum to the Governor. It was inevitable for the Opposition to have frowned upon such a conduct of the ruling party. It was also hinted that once the Prime Minister indicated the date, time and venue, the House Committee would meet again, meaning thereby that the members representing the opposition parties would be involved in the subsequent meetings, though they were absent at the earlier meeting of the committee. Informed sources said the House Committee had requested the PM for an audience twice. The House Committee is yet to be favoured by the PM with an audience. Meanwhile, it is reliably learnt on December 17 last, the PM met the MPs representing the BJD, who discussed with the PM the issues relating to Polavaram.
In this state of affairs, there is clear lack of cohesion and unity in the context of a cause that demands it. The united voice of Odisha remains limited to its own boundaries and does not appear to be reaching the nation’s capital in an effective manner. The Central Government is almost outsmarting Odisha without even granting an audience or hearing at the highest level. It is reported that Palli Sabhas in the Scheduled areas have not been held. The decision-making process is thereby vitally vitiated. But the prevalent trend indicates that the Centre will play hide-and-seek and outsmart the State Government by marching ahead with the Polavaram project without any regard to the legitimate objections of Odisha. In trying to attempt political scores, sensitivity and rationality have been subjected to unceremonious burials. The persistent strategy of the State’s ruling party has been to expose the neglect and discriminatory treatment by the Centre. But merely being a crybaby is not the appropriate answer to the situation. All the political parties have a duty to evolve strategic methods and raise their voice in an audible and effective manner.
l The Council of Ministers of Odisha has decided on a legislation to take out certain remunerative positions from the ambit of “offices of profit” that disqualify an MlA from his status. The conditionalities of an office of profit are that the office is capable of “yielding” a profit or “pecuniary gain” and not whether the person actually obtained monetary gain. If the pecuniary gain is receivable in connection with the office, the concerned office becomes the office of profit irrespective of the fact that such pecuniary gain has actually been received or not.
If the office carries with it or entitled to holder of it to any pecuniary gain other than reimbursement of out of pocket or actual expenses then the office will be an “office of profit”. Obviously, these offices are going to be excluded from the ambit of “office of profit” though they involve pecuniary gain or remuneration. They, therefore, attract the mischief of the expression “office of profit”. But an artificial legislation makes them go out of the net.
A legislative device is pressed into service so that aspirants amongst the MlAs are adequately looked after through the benefits they derive from the posts, in addition to their being MlAs. The prohibitory stipulation is that MlAs should be free to carry on their duties fearlessly without being subjected to any external pressure including that of the Government. Presently, ethics have no role in matters of political expediency. But political life cannot be completely devoid of ethics. It would be a very meaningful gesture if the MlAs loudly assert that they would like to hold such additional responsibilities in an honorary capacity without remuneration, gain or perquisites. We should ensure that the pristine glory of the independence of a legislator is not compromised at the altar of a few rupees. But alas! Money and power continue to dominate overtaking ethical norms.
The aforesaid three different situations and events matter to the youth power of the country and have their impact on the entire society. There has to be an open debate involving all sections so as to build adequate pressure on the Government to ensure that it behaves in a demonstrably honest manner. This requires the involvement and cooperative effort by all of us. And this certainly concerns us all!
(The writer, a Senior Advocate, is a former All India Service officer, a former diplomat, a former editor, a former President of Orissa High Court Bar Association and a former Advocate General of Odisha. jayantdas@hotmail.com)