First among equals

The second Administrative Reforms Commission has wisely proposed keeping prime ministers out of the ambit of the new national ombudsman 8212; the Rashtriya Lok Ayukta. While the need has been felt for an ombudsman at the national level, to complement the work of Lokayuktas at state level, the Moily panel recognises the need for boundaries. The PM, it says, is accountable to Parliament. Scrutiny by extra-parliamentary authorities is likely to undermine Parliament8217;s supremacy while seriously debilitating the functioning of the government. We would add that the largest democracy8217;s political system should ensure no one serially corrupt can get to become prime minister.

The panel8217;s circumspection regarding the office of PM may not pass the test of more 8216;radical8217; reform agenda, but it underlines valuable principles that are often lost sight of in a volatile democracy such as ours. One, even watchdog bodies must function within well-defined limits, their interventions must be self-limiting, so as not to impair the credibility and efficacy of the system. Two, in a mature democracy, corruption cannot be the business of any one body or institution, whatever be its composition or remit. The issue of corruption in public life must inevitably be addressed by a complex of political and legal measures and a network of institutional checks and balances. It needs a Parliament more alert to its own powers and a vigilant media; it needs simplification of rules and government procedures and the weeding out of discretion from the design of public policy, among others.

Having said that, there is obviously a need for an alternative mechanism to address public grievances about corruption in high places. The existing mechanisms such as courts and tribunals have failed to inspire enough public confidence. The over three-decade-old career of legislation setting up the Lok Pal, riddled with as many as eight false starts, frames the difficulties in arriving at a new quasi-judicial authority that is both robust and impartial. But as the Moily panel reminds us, even if such a body were to be with us soon, the question of the limits on its powers remains pressing.