--V.Elanchezhiyan, LLM, Advocate
LC-1 2005-08
At the outset combating corruption is not a simple task, it cannot be contained by legislation simpliciter nor creating an agency to tackle anti-corruption, but nonetheless by structural changes into the archaic administration. Though the European have left India, the European mentality have crept into the system like the Satan did in Milton’s Paradise Lost.
In an era of competition where most of the burden of providing services to the common man has been divulged between the Government and Non-Government entities, there are certain services which cannot be provided by Non- Government entities because the services catered are mostly sovereign and indispensable in nature.
Good Governance is coined by the World bank, it got calibrated with more emphasis by IMF and later by various organizations. Though there are various definitions put forth by various organizations, none received such conclusiveness as Governance is per se evolving in nature. At the outset, one should not loose the sight of the literal meaning of the word ‘Good Governance’ which is macroscopically evident from the very word itself. The word ‘Good’ is an adjective explaining the characteristic of Governance. The qualifying word ‘Good’ connotes maximum goodness to maximum number of people. Whenever we use an adjective to qualify person/institution it means that governance per se is not good, therefore, the Governance should strive to do good. The pre-supposition of ‘Good’ does not correspond to reality of the institution.
The contemporary age is fraught with irredeemable corruption, the agencies created at Central and State level (Central vigilance & State vigilance) to prevent corruption have not achieved the result even at a microscopic level. The vigilance commission as visualized by Santhanam committee since 1964 have not addressed the very objective of its creation. The Annual report of CVC much a eulogy of the failure of the system to curb the corruption and advisory opinion of the commission is blatantly disregarded. Moreover, CVC is not an investigating agency, and it either gets the investigation done through the CBI or through the vigilance officers. Though CBI is an efficient body for investigation it is integrated with the home ministry and the nexus with political heavyweights makes their work inefficient. The agencies cause undue delay in completion of proceedings work, mostly it is considered to repressive against innocent employees reminding the phrase ‘Seamless web’ where insects are caught while hornets go through the web. When we come across cases like heavyweight corrupt people like Ketan Desai, Lalit Modi whose scam involves hundreds of crores they never even appear to be socially ostracized, it appears they got a new social status. These agencies become teeth less tiger to apprehend and put them before the courts of justice.
The recent resignation of Justice Santosh Hegde came into light his powerlessness to proceed under the Prevention of Corruption Act against Chief Minister, Ministers, Legislators and Public servants has conspicuously tied the Justice to hold a puppet post. This is indeed a reality of showcasing how a Constitutional authority holding the chair without the limb to stand. Though India had signed the United Nations Convention against Corruption 2005 it has not been ratified till date.
In an era of competition where most of the burden of providing services to the common man has been divulged between the Government and Non-Government entities, there are certain services which cannot be provided by Non- Government entities because the services catered are mostly sovereign and indispensable in nature.
Good Governance is coined by the World bank, it got calibrated with more emphasis by IMF and later by various organizations. Though there are various definitions put forth by various organizations, none received such conclusiveness as Governance is per se evolving in nature. At the outset, one should not loose the sight of the literal meaning of the word ‘Good Governance’ which is macroscopically evident from the very word itself. The word ‘Good’ is an adjective explaining the characteristic of Governance. The qualifying word ‘Good’ connotes maximum goodness to maximum number of people. Whenever we use an adjective to qualify person/institution it means that governance per se is not good, therefore, the Governance should strive to do good. The pre-supposition of ‘Good’ does not correspond to reality of the institution.
The contemporary age is fraught with irredeemable corruption, the agencies created at Central and State level (Central vigilance & State vigilance) to prevent corruption have not achieved the result even at a microscopic level. The vigilance commission as visualized by Santhanam committee since 1964 have not addressed the very objective of its creation. The Annual report of CVC much a eulogy of the failure of the system to curb the corruption and advisory opinion of the commission is blatantly disregarded. Moreover, CVC is not an investigating agency, and it either gets the investigation done through the CBI or through the vigilance officers. Though CBI is an efficient body for investigation it is integrated with the home ministry and the nexus with political heavyweights makes their work inefficient. The agencies cause undue delay in completion of proceedings work, mostly it is considered to repressive against innocent employees reminding the phrase ‘Seamless web’ where insects are caught while hornets go through the web. When we come across cases like heavyweight corrupt people like Ketan Desai, Lalit Modi whose scam involves hundreds of crores they never even appear to be socially ostracized, it appears they got a new social status. These agencies become teeth less tiger to apprehend and put them before the courts of justice.
The recent resignation of Justice Santosh Hegde came into light his powerlessness to proceed under the Prevention of Corruption Act against Chief Minister, Ministers, Legislators and Public servants has conspicuously tied the Justice to hold a puppet post. This is indeed a reality of showcasing how a Constitutional authority holding the chair without the limb to stand. Though India had signed the United Nations Convention against Corruption 2005 it has not been ratified till date.
Barriers to enforcement of Anti-corruption Measures:
• Lack of political will.
• Archaic structural administration.
• Lack of financial resources.
• Lack of human resource
• Disintegration of agencies from the control of ministry.
• Impartial umpire/ ombudsman
• Reports
The above are certain impediments if worked out meticulously would result in umpteen benefits. The perfunctory exercise of government agencies can be checked and crosschecked by impartial umpires. The agencies which already exist should work in tandem with new impartial umpires. For every government office which comprise minimum of twenty persons, one impartial umpire/ombudsman should verify the movement of files, corruption, unwarranted delay, complaints against officials. One person should record the movement of work load every month. In this manner internal regulatory checks are created resulting in efficient exercise of administration and reducing corruption to a negligible level.
Horizontal& vertical checks.
To achieve Governance in conjunction with law would be effective one when the law provides space to counterbalance linear/ symmetrical order. The checks at present are mostly in vertical nature, for example District Collector vertical to a block development officer, while agency like vigilance commission is horizontal with lack of human resources, finance, penalizing power, on the other hand if impartial ombudsman for every 20 person would be horizontal check with function limited to appraise the functions of officials in terms of transparency, accountability Law as a tool per se would not be beneficial when the structure is archaic, where persons occupying the chairs have complete knowledge of all loopholes to deceive/delay/deny ordinary course of business, they know means to slippery slope the anti-corruption agencies. The inclusive check of Horizontal& vertical manner would bring drastic changes in the administration of governance.
Max Weber in his popular work “Economy and Society” discussed the role of law in capitalistic economic development. He opined,
“The aggregation of individuals and communities to form the state has been percipitated by economic and political factors, but these factors found veneration and outlet in generally applicable norms and law, either forcibly imposed or negotiated and accepted.”
Our constitution being self-imposed has approved certain capabilities for administration which is a copycat of British administration. Though we got independence overtly, we are covertly still under the influence of Euro-centric mentality curbed, cabin ed and confined dogged in appreciating the archaic administration. We need a system where the authority should be under the political head but without being integrated or identified with the politician.
The basic unit of governance is administrative apparatus, when the administrative apparatus is personified in Indian context good governance would emanate as principorium non est ratio.
Horizontal& vertical checks.
To achieve Governance in conjunction with law would be effective one when the law provides space to counterbalance linear/ symmetrical order. The checks at present are mostly in vertical nature, for example District Collector vertical to a block development officer, while agency like vigilance commission is horizontal with lack of human resources, finance, penalizing power, on the other hand if impartial ombudsman for every 20 person would be horizontal check with function limited to appraise the functions of officials in terms of transparency, accountability Law as a tool per se would not be beneficial when the structure is archaic, where persons occupying the chairs have complete knowledge of all loopholes to deceive/delay/deny ordinary course of business, they know means to slippery slope the anti-corruption agencies. The inclusive check of Horizontal& vertical manner would bring drastic changes in the administration of governance.
Max Weber in his popular work “Economy and Society” discussed the role of law in capitalistic economic development. He opined,
“The aggregation of individuals and communities to form the state has been percipitated by economic and political factors, but these factors found veneration and outlet in generally applicable norms and law, either forcibly imposed or negotiated and accepted.”
Our constitution being self-imposed has approved certain capabilities for administration which is a copycat of British administration. Though we got independence overtly, we are covertly still under the influence of Euro-centric mentality curbed, cabin ed and confined dogged in appreciating the archaic administration. We need a system where the authority should be under the political head but without being integrated or identified with the politician.
The basic unit of governance is administrative apparatus, when the administrative apparatus is personified in Indian context good governance would emanate as principorium non est ratio.
No comments:
Post a Comment