There is a populist view — fanned by the Anna Hazare movement and still being assiduously propagated by the likes of Arvind Kejriwal, the AAP leader — that if only India had a Lokpal (anti-corruption ombudsman) it would not have corruption. This deserves denunciation, especially because the kind of ombudsman conceived by the Hazare agitation has dangerous implications for our parliamentary democracy which comes to us through our Constitution.
Trouble is our Parliament, worried by popular revulsion to corruption and the handsome showing of the AAP in the recent Delhi Assembly electÂion, is in the process of rushing through a Lokpal bill that embraces many features of the Lokpal of Hazare’s conception. If such a law is passed, we may escape the Supreme Leader syndrome, but only if we are lucky.
At any rate, we may witness the slowing down of decision-making in the executive and the reduction in value of key institutions such as Parliament, executive, and, to some extent, the judiciary. Corruption charges are already suppressing the will of civil servants.
Corruption has undeniably become mega-sized. Partly this is because the economy has grown manifold. The rot starts from the top because criminals have a free entry into politics and election laws to end this sorry state of affairs have not been introduced. The creation of a Lokpal is unlikely to do much to check corruption in these circumstances.
Corruption existed even when the idea of an ombudsman was introduced by the Administrative Reforms Commission four decades ago. Its purpose was limited — to quickly bring to judicial processes allegations of wrongdoing at the highest levels.
But the notion of the Lokpal being touted today is another thing altogether. It gives virtual right of veto to the Lokpal over the continuance of a Prime Minister who commands majority support in Parliament, and may force the PM to drop a minister facing unproved allegations.
By giving the Lokpal council powers of superintendence of investigations being done by the CBI, the law being contemplated also potentially facilitates converting India into a police state. We saw how the CBI went amok recently (in a coalgate case being supervised by the SC) when it all but accused a former coal secretary, a respected industrialist, and the Prime Minister (by implication) of corruption.
Corruption needs urgent tackling, but we must fashion instruments that do not undermine the Indian state and the Constitution.
