It is distressing to find that 66 long years after Independence no Government has been able to curb corruption which has eaten into the vitals of the society so much that the common man is disillusioned and bewildered about the efficacy of the governance and the legal system as well.
The examples are large-scale involvement of State activities, vested interests in political system, scarcity of resources, increasing obsession with materialistic culture. Competitiveness in the mercantile world for liberalisation and globalisation is also responsible for this to a great extent. Ambiguity in rules and regulation also give rise to corruption.
Besides, discretionary power vested with public servants is also a major contributory factor. lastly lack of objective supervision and vigilance over corruption-prone points in Government departments like taxation wing, public distribution system, engineering sector and in offices dealing with bill clearance, grant of state largesse like contract, permit, licence, lease, etc, give rise to malpractice by the concerned public servants.
What would ensure good governance, bring probity in public life, greater transparency and accountabilityIJ The idea of a corruption-free society seems to be a utopian design, but this can be certainly minimised. It requires a change of attitude of public servants and the public as well. Vigilant public opinion, a proactive media and mass mobilisation are necessary. One has to get rid of the very attitude to misuse/misappropriate public funds and trust for private gains. If the Gongotri glacier, the origin of the Ganga is polluted, it is difficult to clean the river flowing down at cities like Varanasi, Allahabad and Patna. A great mental preparation is necessary to arrest the growing menace of corruption at different levels of administration.
Judgements of the court, the sentencing process and particularly exemplary punishment of corrupt public servants would have deterrent effects. We have to shun commercial mire, limit our daily expenses of life. Austerity measures have to be adopted by the State and citizens. There is mad craze to amass money by any means. Public consciousness is the best possible safeguard against corruption. The Supreme Court in different judgements has held that corruption is like a cancer and it is also like AIDS. Unless it is contained, it would affect the sociopolitical system besides crippling the State’s economy. law alone is not the only panacea to cure this malady. Public participation is also very important, as Anna Hazara has been doing.
People don’t appear to be optimistic about the efficacy of the institution of lok Pal and lokayukata already in existence in different States which could not deliver. Recently, there was a long debate in Parliament on this issue. There was a huge uproar in the civil society in favour of a lokpal at the Centre and lokayaukta in the States. Ultimately, legislation on lokpal has been passed by the Union Government. Significantly, when the agencies like the CBI and State Vigilance Departments and, above all, the Central Vigilance Commission were not able to contain corruption in its entirety, how can it be accepted readily that lokpal /lokayukata would act as a deterrent in combating corruptionIJ The only change necessary is that of people’s mindset which would have its desired impact on corrupt public servants.
Corruption cannot be minimised only by observing Vigilance Awareness Week in public organisations. The genesis of corruption has to be closely studied, identified and tackled by officials of the anti-corruption agencies.
The Central organisations like the CVC, CBI, ED and DRI are enough to combat corruption. But these institutions have to be free from political control and should be given autonomy to operate. It is heartening to note that to check corruption at high places, the Supreme Court in the wake of a famous PIl case (Vineet Narain verses Union of India) gave several directions to the State to bring probity in public life. The Supreme Court has revamped the working of the CBI, CVC and ED to unearth black money, detect tax evasion, detect Foreign Exchange Regulation violations and check money laundering. The court directed to identify and prosecute public servants guilty of misconduct and charged with amassing wealth. It is a landmark judgement where the court was determined to root out corruption at high places.
The matter was kept pending before the court requiring the CBI to report to it about the progress of the investigation. The court held that the Central Government’s ‘superintendence’ over the working of the CBI does not mean ‘supervision’ of investigation of cases. The judgement exposed the criminal nexus between politicians, bureaucrats and business houses. The court in another case has also held that it is high time public servants were held personally responsible for their malafide acts. Creating a personal liability of this kind would contribute greatly to good governance.
We cannot expect a corruption-free society in a short period as dreamt by Arvind Kejriwal, leader of the Aam Admi Party. To bring Jan lokpal Bill he should have moved slowly to minimise “Bhrastachar”, not with a giant stride, criticising every person and political party who came in his way in his mission.
The so-called Jan lokpal Bill tabled by his short-lived Government should have undergone the test of due procedure, Parliamentary practices and Constitutional provisions because it cannot be repugnant to the Central legislation on lokpal. The AAP is now eying for seats in lok Sabha. Therefore, the resignation of Mr Kejriwal as Chief Minister may be a political gambit.
In this backdrop, the observation of Justice HR Khanna in his Orissa Commission of Enquiry Report in 1967 on corruption is worth mentioning. He said no codification of rules of conduct or declaration of assets can ensure rectitude among Ministers and other men in public life. What is needed is a climate of strong public opinion wherein none may dare to deviate from path of rectitude. The ramparts of a clean and healthy administration are in the hearts of the people. laws can punish only occasional lapses.
The manner in which people at large have recently exhibited their solidarity and staged peaceful agitation against corruption across the country, days are not far off when we will have changes in our social system and body politic.
The youth of the country shall be the torchbearers of this event which will have its impact in the governance and statecraft. They would take the lead to bring about the wave of change. Accountability and transparency in action of public servants in discharge of their duty henceforth will be the demand of the time, not a mere teasing illusion for the masses.
(The writer is a former Special Judge, CBI, Bhubaneswar and Prof of law, lal Bahadur Shastri National Academy of Administration, Mussoorie)