THE GIST of Editorial for UPSC Exams : 01 MARCH 2019 (Panacea that isn’t (The Hindu)

Panacea that isn’t (The Hindu)

Mains Paper 3: Polity
Prelims level: Lokpal
Mains level: Statutory, regulatory and various quasi judicial bodies

Context

•  CBI despite misadventures, been reasonably effective in its ordained task of combating corruption and malfeasance in high places.
•  The CBI, as structured today, has served the nation well over the decades.
•  The present imbroglio has already spurred the Supreme Court to fast-track the setting up of the Lokpal.
•  Is the Lokpal the panacea for the current ills and the magic wand that will sweep away all corruption?
•  It is the ill-conceived Lokpal will not only adversely impact existing institutions of governance but irretrievably damage the country’s capacity to fight corruption.
•  The perception that the CBI is a caged victim of an overbearing political executive is a complete misreading of the relationship.

The origin of Lokpal

•  One might recall that in the UPA regime, the CBI was instrumental in the arrest of a cabinet minister and the resignation of Prime Minister Manmohan Singh’s favourite ministers Pawan Bansal and Ashwani Kumar for wrongdoing.
•  Ever since the Anna Hazare movement of 2011 demand for freeing the CBI from the political executive more effective in rooting out corruption.
•  The recent happenings in the CBI have shown that an organisation can be only as good as its personnel.
•  Rather than tinker with the powers of the CBI, we need to evolve a much better system of appointments at all levels in the organisation.
•  Like in other spheres, the CBI needs individuals of high integrity rather than
  more powers or freedom.
•  One should heed the advice of a former CBI director, P C Sharma, who has warned that an independent CBI “would be like a bull in a china shop”.
•  An unfettered CBI would run amok. But that is precisely what will happen if the moribund Lokpal becomes a reality!
•  Parliament has tried to reduce the damage with amendments to the more draconian clauses of the original Act.

Way forward

•  The Lokpal will have inquiry and prosecution wings invested with greater powers than presently exercised by the CBI.
•  As both prosecutor and judge, a marauding Lokpal would adversely impact all institutions of governance, stifle decision-making and further slow down government machinery, apart from creating a potential new fountainhead of corruption.
•  One foresees gang wars breaking out between Lokpal officials and government law enforcement agencies, including a shrunken, demoralised CBI.
•  Coordination in corruption cases involving government officials and private players will be a never-ending headache.

Prelims Questions:

Q.1) Power of Lokpal under Lokpal and Lokayuktas Act 2013 extends to which of the following?
1. Prime Minister
2. Members of Parliament
3. Civil Servants

Select the correct answer using the code given below.
(a) 1 and 2 only
(b) 2 and 3 only
(c) 3 only
(d) 1, 2 and 3

Answer: D

Mains Questions:
Q.1) Examine why appointment of a Lokpal is getting delayed. Do you think steps such as demonetization without support and existence of institutions like Lokpal would fail to curb corruption in public life? Critically comment.