The Hindu : Opinion / Editorials : CLEANSING PUBLIC LIFE

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Monday, Oct 04, 2004

Opinion

Opinion - Editorials

CLEANSING PUBLIC LIFE

IF PRIME MINISTER Manmohan Singh's assurance that quick and effective action will be taken to establish a Lok Pal is greeted with a touch of scepticism, it is because similar promises have been heard a number of times before. Bills to establish this Ombudsman-like institution, which will be empowered to look into complaints about corruption in high places, have been introduced in Parliament on eight occasions since 1968, the last time in August 2001. However, for a variety of reasons, none of the Bills matured into an Act. The reasons included disagreements over questions such as whether the Prime Minister should be brought within the Lok Pal's purview and political apprehensions about the consequences of establishing a watchdog armed with quasi-judicial powers. The fate of the Lok Pal Bill has borne a striking resemblance to the much-promised legislation on women's reservation in Parliament. On paper both enjoy overwhelming support in Parliament; in practice, of course, there is nothing of the kind for obvious reasons. The history of delay in enacting a Lok Pal Bill is long and inexcusable. But the United Progressive Alliance Government does have the opportunity to make up for the failures of predecessor regimes and signal that it is truly committed to combating corruption in governance and increasing transparency in public life.

The idea of having an Ombudsman-like institution such as the Lok Pal stemmed from the perceived need to have an alternative mechanism for redressing public grievances. The Administrative Reforms Commission, which was constituted in 1966, felt that such a body would provide an important supplement to existing mechanisms such as courts and tribunals, which were not always within the reach of common people and were weighed down by cumbersome procedures and inordinate delays. The Commission recommended two types of Ombudsmen, the Lok Pal at the Central level and the Lok Ayukta at the State level with powers to inquire into allegations of corruption against public authorities and grievances arising out of administrative malfunctioning. While successive Bills to establish a Lok Pal failed to enter the statute books, over a dozen States have provided for Lok Ayuktas and Upa Lok Ayuktas. The performance of these State-level institutions has been varied. In Karnataka, for instance, the Lok Ayukta seems to have been infused with a new vigour over the past few years, its activism reflected in the practice of holding a touring court and its commendable work in the area of public health. In some other States, Lok Ayuktas have remained dysfunctional because nothing has been done about vacancies.

Lok Ayuktas have been hampered by a number of factors, ranging from a lack of financial autonomy to the lack of cooperation from State Governments. As legal experts have pointed out, it is vital to identify measures to foster the independence of Lok Ayuktas and iron out the deficiencies in the statutes that created them. The setting up of a Lok Pal, necessary in itself, is likely to invigorate Lok Ayuktas by strengthening the concept of an Ombudsman-like mechanism to address public grievances against nepotism, arbitrariness, and corruption in the Indian administration. The Prime Minister suggested as much when he said that the absence of a Lok Pal "is to some extent negatively affecting the working of the Lok Ayukta institutions at the State level." Unlike many years ago, there exists a broad consensus today that the Lok Pal should be a multi-member institution and that Members of Parliament, Ministers and the Prime Minister should be brought within its purview. By seizing the opportunity to establish a Lok Pal, the UPA Government will be taking an important step forward in the battle to cleanse the country's public life. A Prime Minister who is admired for his personal honesty and integrity must see this through against the odds.

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