Opinion Let the Bureau be

Sadly,constitutional institutions like the Comptroller and Auditor General of India,which still have some life left in them,are not trusted. In a democracy,institutions provide safeguards. They also guard against what does not enjoy the sanction of law. If the findings of institutional bodies are not respected,the constitutional mandate which they work under loses its relevance. Today,it is the CAG; tomorrow it could be the turn of other constitutional institutions and statutory bodies.

Facile explanations are being advanced that corruption is a feature of the developing economies. But our corruption is intrinsically homegrown: a product of arbitrary and unscrupulous use of power — both political and bureaucratic — a culture of impunity,an absence of the will to prosecute and punish,the manipulation of existing laws by corrupt corporate entities,and the failure of the ground-level machinery to provide employment,food,healthcare,education and so on.

So the situation is grim,and it demands introspection and review. The provisions of the existing framework — be it the Prevention of Corruption Act,the CVC Act,those Lokayuktas that exist,and so on — that hinder the registration and investigation of cases of corruption and constrain prosecutions must be replaced by a much more stringent enactment,which injects speed in to the criminal justice system and guarantees trials that are not hobbled.

About the suggestion that the Central Bureau of Investigation should be merged into the proposed Lokpal,I firmly believe,on the basis of my long years with the CBI,that it should retain its premier position and be allowed complete freedom to register,investigate and prosecute cases. As I write,prosecutions against 273 persons are pending,and the consent for registration in many cases is awaited. I still wonder how the “Single Directive”,which debars registration of cases against officers of the rank of Joint Secretary and above,continues to be in force — after it was held invalid and unconstitutional by the Supreme Court in the Vineet Narain case in December 1997.

Not only should the CBI be allowed to retain its prime position,it should be strengthened — by removing the shackles that hinder its performance. This would help the CBI to act as a potent additional tool to fight graft. It can assist any other constitutional or statutory body as,in fact,it does even today. Besides,remember that the CBI does not just investigate cases of corruption,but also special crimes like bomb blasts,terrorism,offences against the state,and cybercrime — all of which are outside the jurisdiction of any proposed Lokpal. A truncated CBI would suffer from a sharp decline in its professional standard,and from split accountability.

Corruption is not just scams and scandals,the embezzlement of funds,and the acceptance of bribes or acts of quid pro quo; it is also allowing undesirable contact men to operate,the adulteration of foodstuff,the fact of criminals entering legislatures,the production of spurious medicines,the existence fake degrees in medicine,bonded labour,leaving unorganised labour to the mercy of exploitative employers not paying minimum wages,rosters of non-existent employees,gratuities for issuing BPL cards,turning a blind eye to health hazards such as silicosis and what not. Who are corruption’s victims? All those who depend on the mercy of the state.

The need for reform in India’s executive,judicial and electoral structures have been written about extensively — in the reports of various Law Commissions,of the Administrative Reforms Commission,and of the Police Commission. But far too few of these recommendations are accepted,and an even fewer number implemented. What hinders the adoption of their suggestions? Perhaps it is the deep-seated desire to preserve the status quo; perhaps a strong instinct towards self-preservation. In the cleansing exercise of reforms these institutions of state deserve priority.

It would be apt to conclude with the words of the celebrated jurist,Justice Iyer: “If we,the people of India,are to be true to its cultural heritage we must struggle to win Swaraj,and jettison corruption.”

The writer,a former CBI director,is a member of the National Human Rights Commission
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