MONTHLY FEATURE uuu POLICE AND SECURITY uuu AUGUST, 1994

Dr.S.Subramanian, IPS (Retd.)

A liberal Democracy is dependent for its survival on its capacity to ensure probity in public life and to deal with terrant without fear or favour. Corruption is a natural by-product of an environment where political power is derived from numerical support. Instances of political corruption are not lacking in other democracies, but what makes them great is that their capacity to deal with the corrupt severely, - when exposed. What has been the Indian experience? When monumental corruption of politicians were brought to light by a vigilant Press and an alert opposition, people in authority swept them under the carpet and scuttled all worthwhile probes. The fact that after 47 years of Independence, we do not have an independent machinery like an ombudsman or LOK PAL to deal with corruption of politicians speaks volumes about our lack of sincerity in dealing with political corruption.

Political corruption destroys the very foundations of Democracy by taking away the faith and confidence of people in the basic tenets of Democracy. Where money power rules, people’s power disappears. This fatalistic attitude was discernible when a scamster accused the head of the Government of having received a bribe of rupees one crore. Strangely, there were no noises about the impropriety of the episode. People’s curiosity was kindled to know how Rs.One Crore could be carried in a suit-case! This exemplifies people’s tolerance for political corruption.

It is, however, heartening to note that of late, people have started realising the pernicious effect of political corruption and they are attempting to mobilise a forum to fight the same. ANNA HAZARE, KHAIRNAR and the newly formed SADACHHAR BHARATHI are the straws in the wind, which augur well for our Democracy.

While it will be well neigh impossible to eliminate political corruption, certainly steps can be taken to prevent, contain and take punitive action against it. A three pronged attack is needed namely, mobilising the public against political corruption; creating constitutional and legal safeguards to protect the Society against political corruption, and finally an effective detective and investigative machinery to bring the errant to book.

It is a truism, that people get the politicians they deserve. If people are indifferent to this malaise, nothing can be done to clean up the system. In a democracy, the people have the most potent weapon in their hands - namely their votes. People should be mobilised to deny votes to corrupt politicians. This will have the most salutary effect and politicians would automatically mend their ways. Some time ago, citizens’ forum were constituted in each electoral constituency by a public service organisation to evaluate the candidates. This movement should be taken to its logical conclusion to evaluate the probity and integrity of candidates and to deny votes to the corrupt. In this area, the recently formed All India Voters Forum and the Sadachar Bharathi can play a leading role. Whatever be the modality, the message should go out loud and clear - No vote for the corrupt. People should unite together to face the intimidation and allurements of money and muscle power.

The crusade started by the Chief Election Commissioner to cleanse the electoral system should be fully supported by the people. Common ills of impersonation, booth capturing, violation of Code of Conduct etc. can be brought to light and cured by an alert public.

Constitutional blocks should be cleared and an impartial and independent Lok Pal should be appointed to investigate into allegations of corruption against politicians. All political functionaries including Members of Parliament and Members of Legislative Assembly are to be brought under the definition of Public Servant to enable us to invoke the Prevention of Corruption Act against them. The Central Bureau of Investigation should function as an investigative wing of the Lok Pal in addition to its original charter of duties.

This procedure would call for an impartial and fearless C.B.I. If this organisation is to be under the Government of India, it will have no credibility. To ensure its functional autonomy, CBI should be made a statutory body reporting to the Parliament annually. The Director and the Additional Directors of the CBI are to be appointed by the President on the recommendations of the U.P.S.C. and clearance from the Lok Pal and should hold office for a period of five years. On retirement, they should be prohibited from taking up employment either under the Government of Private Sector. Where offences against a politician under the Prevention of Corruption Act are established during investigation by the CBI, the matter should be taken to the High Court to adjudicate on the guilt. There should be no need to seek sanction of any authority to prosecute a politician before a High Court and the powers of the State to withdraw cases should be denied in respect of these category of cases.

Houses of Parliament and State Legislatures should constitute an Ethics Committee to enforce the Code of Conduct among their members. All cases where corruption could not be established but there is enough material to indicate lack of probity or behaviour unbecoming of a people’s representative, the matter should be placed before the Ethics Committee, which after going into the matter thoroughly should, if it finds the member guilty, recommend to the House concerned to terminate his Membership. Such members shall not be eligible to hold public offices or contest elections for a period of six years.

Steps have already been indicated to ensure the autonomy of CBI. There should be no bar for the CBI to ‘trap’ a corrupt politician; conduct raids and to register, suo motto, cases. Private complaints should, however, be referred to the Lok Pal in the first instance and investigation taken up only after obtaining the approval of Lok Pal. This is to ensure that frivolous complaints are not taken up by the CBI.

Success of these measures would depend upon the moral stature and ethical commitment of the Lok Pal. President of India should appoint the Lok Pal only after consulting leaders of all political parties, Speaker of Lok Sabha and Chairman of Rajya Sabha. This will ensure that Lok Pal commands the respect of one and all. Lok Pal could be a single or multi-member body. It would function on the lines of Supreme Court of India.

Politicians can not be expected to voluntarily submit themselves to these measures. Only an enlightened public opinion can force them to take the steps enumerated here. To make our Democracy vibrant and to realise the dream of our founding fathers, let us unite and Police political corruption in India, to contain and to ultimately eliminate the same.

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