FATAL FLAW FAILS ANTI-CORRUPTION BILL

DR. S. AUSAF SAIED VASFI comments on how fatal flaw in human efforts to contain corruption continues to sustain the menace.

Written by

DR. S. Ausaf Saied Vasfi

Published on

August 25, 2022

DR. S. AUSAF SAIED VASFI comments on how fatal flaw in human efforts to contain corruption continues to sustain the menace.

Would it be too premature to write, right now, the obituary of the otherwise well-intentioned and well-meaning Anna Hazare’s anti-corruption movement? In the meantime, it must be profitable to reiterate that the social activist’s recipe was, and is, flawed as it ignores the innate human frailties. The fatal flaw has been in all the efforts made in this direction since 1968. Another effort was made in Aug. 1969, then in 1971, then again in 1977, again in 1985, again in 1989 and then in 1996.

The other aspect is that accountability before the party or parliament or judiciary is good for the sake of argument. But what about a situation where none exists? The problem is nobody is prepared to go deeper into this important question. The perfect-formula human efforts do not exist anywhere.

 

SOME SIDELIGHTS

As the matters stand the Lok Sabha on Dec. 28, 2011 passed the Bill. Some sidelights of this disquieting event deserve mention: the Lokpal and Lokayukta Bill was passed without the constitutional status, as two thirds majority was not possible because the SP, BSP and the RJD had walked out before the amendment bill came for voting. Was it stage-managed? Opinions differ. The leader of the House, Mr. Pranab Mukherjee said it was a sad day for democracy. During the voting, 25 parliamentarians of the Congress and its Allies were not present during the voting. To the BJP, the RSS, the JD(U), the RJD, the SP, the TDP and the Left described the Bill as “weak” and wanted it withdrawn. Lack of constitutional status cannot be glossed over easily. Retired chief justice of the apex court Mr. V. N. Khare cited two examples of Lokayukta laws in Punjab and Haryana having been repealed in quick succession as the then government felt embarrassed when some inconvenient questions were asked by the Lokayuktas. By an ordinance these bodies were scrapped and the Lokayuktas asked to vacate their bungalows immediately.

As far as the Rajya Sabha is concerned, the UPA depended upon the deliberate absence of SP, BSP and RJD walk out at the time of voting. The other ray of hope was nominated members, Independents and the regional parties.

What goes without saying is that the regional parties abhor the concept of a “strong Lokpal” as it costs its shadow on their “independence”. A strong Lokpal to them is at loggerheads with the federal structure of the Constitution. Ms. Mamata Banerjee has been found to be quite vocal on the question.

 

GAME CHANGER

If looked into this background the Trinamool Congress, the DMK, the Left, the RJD, the AIADMK, the Shrimoni Akali Dal, the BSP, the Janata Dal (U), the Samajwadi Party do not like the Congress-BJP policy on the subject. This party position becomes a game changer particularly at regional level. It is obvious that only a regime change can usher in a situation likely to please Mr. Anna and his team.

Let us also note the ever-dwindling presence of the masses in the meetings of Mr. Hazare. It shows public frustration and disenchantment. Add to it the fact that general elections are at least two years away and Mr. Hazare is 74 and suffers from several health disorders. His movement has lost, and is losing, momentum and esteem. He has already abandoned the idea of “Jail Bharo”.

The sustained source of income is, no doubt, important and Anna must have the satisfaction – the repeated denials apart – that money shall not be the problem. The RSS has made repeated efforts at infiltrating into the rank and file of the Anna movement. As a part of its long range policy, the saffron forces have invested heavily in the anti-corruption movement, especially because after the destruction of Babri Masjid there is no emotive issue to rally the people around Hindutva.

 

DEVIATIONS AND DISHONESTY

The UPA did not succeed in the passage of the Bill in the Rajya Sabha. But, will the Bill stand the scrutiny of the judiciary? This flaw, however, is less fatal than the flaw in the basic foundation of the Lokpal and Lokayukta Bill as it is not in consonance with the normal human behaviour, punctuated heavily with inclinations towards deviations and dishonesty.