Tuesday, December 17, 2013

Lokpal: institutional mechanism to curb corruption

  • In the newly amended Lokpal Bill, the Union government has dropped the provisions relating to establishing Lok Ayuktas at the State level; instead, the States would need to put in place their own institutions within one year. A composite law may be preferable from the people’s point of view, but the concession is in compliance to the need to federalise the anti-corruption domain. Contrary to what its critics say, the bill cannot be dismissed as weak; nor can it be seriously contended that the Lokpal does not have an independent investigative mechanism.
Regarding CBI:
  • The CBI has been placed at the disposal of the Lokpal, which will have superintendence over that agency in cases under its consideration. The need for sanction from the respective governments to initiate prosecution has been waived for cases cleared by the Lokpal. The CBI Director’s appointment will be on the basis of a statutory process, and the Lokpal will have its own inquiry and prosecution wings.
Way forward:
  • The movement for such a law initiated by Anna Hazare, along with the success of the Aam Aadmi Party based on the campaign for a Lokpal, has made fresh legislation unavoidable. The development is unlikely to end the debate over the adequacy, independence and effectiveness of the anti-graft institution the new law will put in place, but it will certainly be a milestone in the quest for an institutional mechanism to combat corruption.
  • The mere enactment of this Bill is not enough. The amendment to the Constitution needed to confer constitutional status to the Lokpal and Lok Ayuktas also needs to be passed. And so does the proposed law on the right of citizens to time-bound delivery of goods and services and to have their grievances redressed. Only this will fulfil the need for a strong institutional framework to curb corruption.

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