A few prescriptions

CBI raid being conducted at the residence of former UP chief secretary AP Singh in Lucknow

M R Sivaraman Chennai

The Natwar Singh episode relating to the oil for "money" scandal has taken the country to some depths of calumny. When considered in its totality, government systems here or elsewhere provide all opportunities for corruption. It is worse when the government comprises several parties each wanting to have a share of the pie. Large-scale corruption involving huge sums of money is never direct. Agreed amounts get deposited with hawala operators who keep the money on trust to be given to the beneficiary when required.

The government at various levels makes different rules to ensure that officers do not benefit while exercising their discretionary powers. But none of them have made any dent or else why would this country still be at the top of the list of the most corrupt countries. The fact of the matter is that there is scant respect for the rule of law in this country and the bureaucrat who insists on maintaining the rule of law is dubbed inflexible or tactless. It therefore requires the Supreme and High Courts to enforce the rule of law. How else could one explain the over 18,000 illegal constructions that came up in Delhi?

But everyone has to take the blame, including the judiciary. In important cases of corruption, judgments are contrived to let go of the accused. No senior minister or bureaucrat has ever gone to jail for corruption.

How does one improve this sordid state of affairs? Entry of non-officials into government secretariats should be barred and when anybody has to meet an officer there should be a separate meeting place away from the work area where only officers above a particular rank can be allowed to have meetings with members of the public. In other words, a secretariat should function at arms length and even subordinate offices should be accessible only through e-mail or through an automated information system.

The reality is that corruption cannot be eliminated but it can be substantially controlled if there is a will to do so.

First, the anti-corruption organisation should be a different entity than the Central Bureau of Investigation (CBI) and it should comprise investigators drawn from different disciplines. It should be an autonomous statutory authority with no permanent chairperson. The authority could recommend dismissal or other action against an official and the government should unquestionably implement the recommendation within a stipulated time. If the authority wants criminal prosecution then it should be before fast track courts with defined procedures and time limits for completion of trial. The judges of these fast track courts should be of the rank of high court judges. Only one appeal should be permitted and that too on law points with no stay of orders of the trial court being permitted except when there is a sentence of imprisonment. However, should an impugned officer win the case in appeal, restoration to a status quo ante position with back wages and benefits should follow.

The second area of improvement should be to remove as far as possible the need for licenses as long as there are laws and rules established in an area. For example, there is no need to get a clearance from any authority to set up an industry. If on enquiry by the regulator the industry has violated any law or regulation it should be punished with heavy monetary fines, which must be paid in full before any appeal could be made. This regime would accelerate investment in the country, as potential investors need not hang around bureaucrats and ministers to clear their investment proposals or to get licenses. Sadly, this recommendation is missing from the discussion paper published by the Competition Commission.

Thirdly, senior officers and judges should be paid well. While the government recognises that its officers should look dignified when they meet counterparts abroad, it could do well to ensure that they maintain that dignity by paying them well. The fight against corruption can succeed only if the people at the helm are determined to root out the evil.