Current Public Administration Magazine (November - 2016) - Anti-corruption reforms in the country
Sample Material of Current Public Administration Magazine
Indian Administration
Anti-corruption reforms in the country
For all its tough talk on corruption, the Modi government’s actions have only weakened the anti-corruption reforms in the country. Demonetisation is the latest in the long saga of failed promises of the government, which includes putting Rs 15 lakh in every account, making the names of Swiss bank account holders public and penalising those named in the Panama papers. The government’s manipulation of legal norms in the appointment of the directors of the CBI and the Enforcement Directorate, the deliberate delay in the appointment of the Lokpal, the dilution of The Whistle Blowers Protection (Amendment) Bill, 2015, show that the government’s promised dedication to fighting corruption is just political gimmickry.
The Jan Lokpal Bill was accepted by the Congress government in 2013 with amendments and was renamed and passed as the Lokpal and Lokayuktas Bill. Three years have gone by and the BJP government is yet to appoint a Lokpal. Their excuse is a minor amendment to the Lokpal and Lokayuktas Act 2013, which would allow the leader of the largest party in the Opposition in the Lok Sabha to join the five-member selection committee, is yet to be passed. This reason is hypocritical because earlier this year, the government passed a similar amendment in a different bill, The Delhi Special Police Establishment (Amendment) Bill, 2014.
There is no reason why the Lokpal and Lokayuktas Act could not have been similarly amended. Even the Supreme Court has reprimanded the Centre for delaying the appointment indefinitely and observed that the law to have the Lokpal must become functional soon.
The government has moved additional amendments that are
against the spirit of the original Lokpal and Lokayuktas Act, 2013. Earlier, all
public servants were required to file annual details of the assets and
liabilities of their spouses and dependent children. This clause was intended to
aid in the investigations of public servants, or any person on their behalf, who
are in possession of a property disproportionate to their known sources of
income. But the amended Lokpal Act in July 2016 removed the clause for public
servants to publicise the details of their spouses and dependents.
A similar fate has befallen another anti-corruption legislation, the
Whistleblower’s Protection Act, 2011. The Whistleblower’s Protection Act was
passed by Parliament in 2014 and received the support of all major political
parties. Instead of making the Act operational, the government moved an
amendment bill in May 2015 which severely diluted the Act. As per the new
amendments, whistleblowers are barred from revealing any documents classified
under the Official Secrets Act of 1923, even if the intention is to disclose
acts of corruption, abuse of power or criminal activities. These amendments
exclude disclosures which “prejudicially affect the interest of the sovereignty
and integrity of India, the security of the State, friendly relations with a
foreign State”.
Left to a bureaucrat’s imagination, the interpretation of these amendments is ambiguous and can be used to target honest whistleblowers. The government is clueless about the amendment bill’s status. The MoS in the Prime Minister’s Office said the bill had been sent to a parliamentary committee; an RTI application revealed the bill is not pending with any parliamentary committee.
The Modi government’s appointments to key agencies and institutions show scant regard for well-established procedures and norms. In the case of the CBI, the tenure of the former director came to an end on December 2, 2016. The rules of appointment indicate that the government should appoint the next CBI director based on the recommendation of the selection committee, consisting of the prime minister, the leader of Opposition in the Lok Sabha and the chief justice of India.
With less than a week remaining before the retirement of the
former director, the seniormost officer in contention for the director’s post
was shunted to the Ministry of Home Affairs as a special secretary. The
seniormost officer had the requisite experience and was supervising high-profile
cases. A Gujarat cadre IPS officer was appointed as interim director. The
appointment was questionable because the selection committee was bypassed: The
concerned officer’s history indicated that he was chosen by an earlier Gujarat
government to probe the Godhra train burning incident. Many allege the
appointment of the interim CBI director was deliberate. The alleged aim was to
postpone the meeting of the selection committee to a date after January 4, 2017;
after January 4, 2017, a new CJI took over.
Similar rumours cropped up when the appointment of the director to the
Enforcement Directorate came up. The post had become vacant in 2015 and for an
entire year, the BJP government could not ensure a proper handover. Instead, an
officer was given additional in-charge of the ED. He received three extensions
in one year before being named the full-term director.
The silence of the BJP government over the Vyapam admission
and recruitment scam, which involved politicians, senior officials and
businessmen in Madhya Pradesh, is also telling. Corruption must be eradicated.
Clear laws, strong enforcement and an empowered citizenry are necessary for
that. An independent judiciary, autonomous investigative agencies, a vibrant
civil society and an impartial executive are also essential. But that’s not the
way India seems to be headed.
Get this magazine (Current Public Administration) free if you purchase our any of the below courses:
Public Administration Online Coaching / Study Kit