The citizen and the state.

The citizen and the state.

The agitations by Anna Hazare and Baba Ramdev against corruption and black money have highlighted the limitations of our democratic republican polity to provide good governance. All the three scams – 2G Spectrum scam, CWG scam and the Adarsh scam – were exposed by vigilant citizens rather than by the state institutions constituted to find out and punish such corruption cases. The CBI pursued the cases only after the courts asked it to investigate.

Anna Hazare and some concerned citizens came together under the banner of the NGO, India Against Corruption (IAC), and took up the issue of corruption. It received tremendous response all over the country as almost all citizens of the country have first-hand experience of the corrupt ways of the government departments and the government institutions. Many people joined his fast in various cities. The response of the people compelled the government to agree to have a joint drafting panel consisting of ministers and IAC to constitute the institution of Lokpal to investigate cases of corruption at all levels of governance which was pending for the last 42 years.

After a few meetings of the joint panel, both sides have said that there are differences of opinion with regard to the purview of the Lokpal and the methodology of selection of the Lokpal. While IAC wants the PM, MPs and the higher judiciary to be within it purview, ministers have reservations on this issue. IAC has a strong case to include these institutions of governance as they have failed to uphold probity in public life. The PM ignored the indications of scam with his mantra of 'coalition dharma'. No MP has been punished in JMM bribery case and no progress has been made in the case of heap of notes on the table of the Lok Sabha during the voting for Indo-US nuclear agreement. Some members of the higher judiciary have not come up to the expectations of people and the Constitution – impeccable integrity. Now the issue will go to the all-party meeting, and later to the cabinet and the parliament.

Similarly, when Baba Ramdev with his lakhs of followers raised the issue of black money hidden in banks abroad, the government tried to persuade him not go with his fast as it has taken initiatives to bring it back. Four central government ministers met him to explain the government's stand. As he was not convinced about the government's effort to bring back black money, he decided to continue his agitation with his followers – men, women and children - gathered on the Ram Lila ground. They were asked to vacate the place at mid-night when they were sleeping, and were later dispersed with lathi charge and tear-gas shells. As many as 70 were injured and one of them is still in the ICU.

This is reminiscent of the mid-night arrests of opposition leaders after declaring emergency. It also has some resemblance to Jalianwala Bagh during the British Raj. One wonders whether we are living under a government of the people, by the people and for the people or under a dictatorship where dissent or opposition is crushed with force. Our government has not out-grown the British Raj or the Emergency Raj.

The fear of being seen as complicit in corruption and black money seems to be the motive behind the engagement with Anna and Baba. Later, when the government failed to carry conviction with them, Anna was given a hearing but Baba was beaten up. Why is the ruling party reluctant to institute a strong Lokpal who can book all people who misappropriate our national wealth? Is there something they want to hide from the people? We do not know. However, the response to peaceful agitations by the government does not behove a responsive and responsible government.

Now the question is: what is the status of a citizen in a democratic republic when he finds that the government is not taking sufficient action on corruption and black money? Is it not his right to highlight, propagate, agitate, create public opinion and pressurize the government to act? This is what the media does everyday. This is what Mahatma Gandhi did during the freedom struggle. This is what Martin Luther King did in USA to get equal status to the African-Americans. The public have a role to play in a republic, not just to vote but to participate in governance.

The duty of a citizen does not end with his voting in the elections once in five years. If there is some injustice in governance or insensitivity towards the welfare of people, he has to convey his displeasure to the government through petitions, protests and demonstrations. This is his duty and an obligation as a citizen

If eternal vigilance is the price of liberty, it is also the price of good governance. Participation of citizens in governance is to be welcomed. Citizens come together whenever there is a large cause. People had responded to Lokanayak Jaya Prakash Narayan in the early 'seventies to stem the rising tide of corruption and inflation. Now they have responded to the call of Anna Hazare and Baba Ramdev to fight corruption and black money which have assumed alarming proportions and seeped into all spheres of life.

However, the reaction of the Congress and some commentators in newspapers are intriguing. Senior members of the Congress started questioning the probity of some members of the IAC. They asked for a probe into the finances of Anna Hazare's NGO and some financial transactions of the members of IAC. A general secretary of the Congress asked for the accounts of institutions run by Baba Ramdev. He was even called, "a thug". They were branded as the 'mask' of RSS and BJP. Is the smear campaign the answer to the questions they have raised?

Then there were curious comments by some eminent journalists. They called them, "unelected" and even "unelectable". They forget that the cap fits the present PM. They said fast is not democratic. That is how Andhra was created during Nehru's time. They pointed out that a small section of civil society cannot claim to be the voice of the people. What about NAC of the Congress President? They questioned the selection committee suggested by the IAC panel. We all know how the last CVC was selected. However, one can still question some of the suggestions and pronouncements of IAC and Ramdev. The critical issue for them and the people is – how to catch the big fish which escape the tax net of the nation and affect the welfare of Indian people especially that of 300 million poor who live below the poverty line?

If a powerful Lokpal cannot be a part of the structure of governance envisaged by our Constitution, there is an alternative. Let's have a special bench of two or three judges in the Supreme Court and the High Courts to deal with only corruption charges especially that of the high and the mighty, and fast track their prosecution. There are so many MPs and MLAs with criminal record and their cases should be fast-tracked. This bench should have the power to question the PM, MPs and the top bureaucrats, if there is a prima facie case. CVC and CBI can work under this bench. As far as wrong-doing by the members of the higher judiciary is concerned, we can have panel of three judges consisting the CJI and two recently retired judges of the Supreme Court with a mandate to decide the case within a specified period.

It does not matter whether the cat is black or white, it should catch the mice. Crime should be punished and the national wealth should go to the nation.

June 29,2011.

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Our Singapore fantasy.

Our Singapore fantasy.

If Shekhar Gupta ( IE, 25/6/11) and some of the commentators in the Indian Express have to be believed, the public in our Republic have no role to play. Indian people, rather Indian voters, elect our MPs and MLAs, and after that they have to wait for the next election to have their 'say'. The way Anna Hazare and Baba Ramdev have been derided by the press, they, as the citizens or as the voters, have no right to raise the issue of corruption and black money and create public opinion to impress upon the government to enact a legislation to constitute a strong Lokpal within the framework of the Constitution. They question the legitimacy of the agitations against corruption and black money as Anna and Baba are not elected. Can we not question the right of the media which is also not elected by the people to comment and suggest changes or propose legislation. Mahatma Gandhi was never elected but he became the voice of the people for freedom. Martin Luther King was not elected but he fought for equality and won equal status for African-Americans.

Gupta tells us that this is the 20^th year of reform but forgets to mention that it was not in the manifesto of the Congress. It was introduced by stealth by the PM Narasimha Rao and the FM Dr.Manmohan Singh. It was brought in to avert a financial crisis. Now we are faced with a moral crisis. The UPA and the Congress do not want to submit themselves to an authority which can take cognizance of an economic crime suo moto in spite of colossal financial scams under their regime either with their collusion or with a benign neglect. Power is not all. Power has to be backed by morality and probity. Otherwise it loses it legitimacy.

http://www.indianexpress.com/news/our-singapore-fantasy/808505/

June 25,2011.

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Lokpal - two drafts.

Lokpal – Two drafts.

The Joint Panel of the GOI and the Team Anna has failed to evolve an agreed draft bill to be discussed with the political parties before it goes to the PM ( Two drafts: one to kill, other to bill, DNA,22/6/11). The main points of disagreement are about the inclusion of PM, higher judiciary, bureaucray and MPs under the purview of Lokpal. None of them have acquitted themselves honourably in the recent past. It is to be hoped that good sense would prevail among all the political parties to include all these as India has reached a tipping point as far as corruption is concerned. In the last six months corruption in high places has dominated the not merely media but the mind space of the citizens. It started with 2G scam and CWG and then came Antrix deal. Now there is the approval of huge increase in the capital expenditure from $2.4 billion to $8.8 billion for KG D6 field. These are all astronomical figures. If the country loses so much money where 300 million people still live below the poverty line, it is criminal. The elected representatives are the trustees of the public wealth, not their owners. Unless the elite submit themselves for scrutiny, they would be discrediting our democratic republic. People in public life should be beyond suspicion.

http://epaper.dnaindia.com/

June 22, 2011.

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Bribery Culture in India.

Bribery Culture in India.

It is said that generalizations are generally wrong. That is what I felt after reading " Bribery Culture of India". There is no point in bringing Indian culture and Indian people. Let's see how corruption and black money began in India.

Corruption and black money started during the second world war. The rationing started during this time. Many things like rice, wheat, oil, paper were rationed. This was continued after Independence. Controls became more severe due to partition and is aftermath. Then came the 'permit-license raj' with planing and socialist pattern of society.This gave enormous powers to the ruling politicians and the bureaucracy.Later came prohibition, gold and cement control. This was followed by the highest marginal tax of 97.5 percent.

Now there is no 'permit-license raj' and the taxation has come down to a reasonable level. Now there is a great need for infrastructure ( roads, bridges,telecom,ports, mining etc) and it offers great opportunity to businessmen. The businessmen want to invest/start every thing quickly but politicians and bureaucrats want their cut.So, corruption still flourishes. However, there are impartial authorities to allocate these scarce resources of the country.Ministers overrule these authorities without any protest from the bureaucrats manning them. Where ever the authorized institutions have stood their ground, they have succeeded. The great example is the Election Commission.

Corruption has nothing to do with Indian character but it has everything to do with governance.Our police in inadequate, ill-trained, under-paid. The courts are inundated with cases ranging from petty theft to murder. Today's Mumbai Mirror has this headline : " Man serves 9 yrs for crime that warrants 6 months". Another report in DNA says UP Power Corporation moved the top court in 2003 against the High Court judgement 1983 for a payment of Rs.752 against Narain Prasad who died durig the proceedings. This is the state of ou administration.There are no sufficient number of judges.Our prisons are over-crowded and under-staffed.Primary education and primary health care has not been given the importance that they deserve.Poor people from villages come to the nearest towns and cities in search of work and live in slums. One-third of our population is still live below the poverty line after 60 years of planning economic development.

Rulers of old and the elected rulers of today have let the people down.There are no role models to people today. Elite and the middle class are busy making money. It is the poor who suffer from the bad governance.

Mahatma Gandhi, in his seminal book, Hind Swaraj or Indian Home Rule written 1908 quotes Colonel Thomas Munroe, who served in India for 32 years under the British, about his view on Indians.

" If a good system of agriculture, unrivaled manufacturing skill, a capacity to produce whatever can contribute to convenience or luxury;schools established in every village, for teaching, reading, writing and arithmetic; general practice of hospitality and charity among each other; and above all, a treatment of the female sex, full of confidence, respect and delicacy, are among the signs which denoted civilized people, then the Hindus are not inferior to the nations of Europe; and if civilization is to become an article of trade between the two countries, I am convinced that this country (England) will gain by the import cargo."

Gandhiji wanted India to be re-built on these lines and he called it Gram Swaraj, Village Republic, almost self-sufficient most of the essentials of life.His idea of Sarvodaya ( everyone's rise) or welfare of all is worth revisiting.He said that there is enough in the world for our needs but not for our greed. How true! Greed brought down the financial system in the capitalist West and the total control brought down the Communist system.

If India today suffering from the ills of corruption and black money, it is because we are following a system which combines the worst of both the capitalist and communist ideologies.

June 21,2011

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Bribery Culture of India - corruption

Posted by: "Kiran" drkirankrishnan@yahoo.co.uk drkkishorekumar_1948

Sun Jun 19, 2011 5:19 am (PDT)

----- Original Message -----
From: Dr.M.S. Jayasekhar
Subject: Bribery Culture of India

Indians are Hobbesian.(culture of self interest)

Corruption in India is a cultural aspect. Indians seem to think nothing peculiar about corruption.It is everywhere. Indians tolerate corrupt individuals rather than correct them. No race can be congenitally corrupt.But can a race be corrupted by its culture?

To know why Indians are corrupt, look at their patterns and practices .
First:

Religion is transactional in India. Indians give God cash and anticipate an out-of-turn reward. Such a plea acknowledges that favours are needed for the undeserving. In the world outside the temple walls, such a transaction is named- "bribe". A wealthy Indian gives not cash to temples, but gold crowns and such baubles. His gifts can not feed the poor. His pay-off is for God. He thinks it will be wasted if it goes to a needy man. In June 2009, The Hindu published a report of Karnataka minister G. Janardhan Reddy gifting a crown of gold and diamonds worth Rs 45 crore to Tirupati.
India's temples collect so much that they don't know what to do with it. Billions are gathering dust in temple vaults.

When Europeans came to India they built schools. When Indians go to Europe & USA, they build temples. Indians believe that if God accepts money for his favours, then nothing is wrong in doing the same thing. This is why Indians are so easily corruptible.

Indian culture accommodates such transactions morally. There is no real stigma. An utterly corrupt JayaLalita can make a comeback, just unthinkable in the West.
Second -

Indian moral ambiguity towards corruption is visible in its history. Indian history tells of the capture of cities and kingdoms after guards were paid off to open the gates, and commanders paid off to surrender. This is unique to India.

Indians' corrupt nature has meant limited warfare on the subcontinent.It is striking how little Indians have actually fought compared to ancient Greece and modern Europe. The Turks' battles with Nadir Shah were vicious and fought to the finish. In India fighting wasn't needed, bribing was enough to see off armies.

Any invader willing to spend cash could brush aside India's kings, no matter how many tens of thousands soldiers were in their infantry. Little resistance was given by the Indians at the "Battle" of Plassey. Clive paid off Mir Jaffar and all of Bengal folded to an army of 3,000. There was always a financial exchange to taking Indian forts. Golconda was captured in 1687 after the secret back door was left open. Mughals vanquished Marathas and Rajputs with nothing but bribes. The Raja of Srinagar gave up Dara Shikoh's son Sulaiman to Aurangzeb after receiving a bribe. There are many cases where Indians participated on a large scale in treason due to bribery.
Question is: Why Indians have a transactional culture while other 'civilized' nations don't?

Third -

Indians do not believe in the theory that they all can rise if each of them behaves morally, because that is not the message of their faith. Their caste system separates them. They don't believe that all men are equal.This resulted in their division and migration to other religions . Many Hindus started their own faith like Sikhism, Jainism, Buddhism and many converted to Christianity and Islam. The result is that Indians don't trust one another . There are no Indians in India ,there are Hindus ,Christians, Muslims and what not.

Indians forget that 400 years ago they all belonged to one faith. This division evolved an unhealthy culture. The inequality has resulted in a corrupt society,

In India every one is thus against everyone else, except God ­ and even he must be bribed.

Sonny Varghese
Head of Finance, & Administration
Qatar Aeronautical College
P O box 4050, Doha - Qatar
Tel: +974 44408806 (Off)
+974 44315806 (Direct)

+974 55528374 (Mob)

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9.

Only meeting, no meeting ground.

Only meeting, no meeting ground.

The above headline (IE, 16/6/11) sums up the stalemate between the government representatives and the civil society members on the joint panel on the Lokpal bill. While the civil society members want the PM, higher judiciary, MPs and bureaucracy to be included in the purview of Lokpal, the government wants to exclude them for various reasons. The recent episodes of alleged corruption both at the ministerial level and that of higher judiciary have created doubts about the probity in our governance and that is why people have responded spontaneously to the call of Anna Hazare and Baba Ramdev.

As an alterative, can the government and the civil society agree to have a special bench of two or three judges in the Supreme Court to deal exclusively with the complaints against PM, MPs and bureaucrats and a similar bench in the High Courts at the states level without changing present system of governance. CVC and CBI should be under this bench to ensure impartiality and expedite prosecution. As far as the complaints against higher judiciary is concerned, it should be enquired into by a panel consisting of CJI and two recently retired CJIs with a mandate to take action within a specified period.

http://www.indianexpress.com/news/lokpal-only-meeting-no-meeting-ground/804349/0

June 16, 2011.

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Second time as farce.

Second time as farce.

The first sentence in the analysis by Pratap Bhanu Mehta, 'Second time as farce' (IE,7/6/11) itself summarizes the dysfunctional nature of the Congress – defy all norms of rationality, morality, commonsense and good judgment. The Congress is so much used to power it has forgotten all norms of governance. Two eminent personalities from two different fields – social service and revival of healthy lifestyle – where so moved by the mis-governance and corruption that they give voice to the voiceless common man, and get unprecedented response from the people. They were pilloried to start with but later they were listened to half-heartedly.

Their main points were to punish the guilty however high and mighty they are, and bring back all the illegal money hoarded abroad. One is fobbed off with a diluted version of Lokpal and the other was sought to be punished like a criminal. To attack a congregation sleeping peacefully which includes the old, women and children at mid-night is the height of arrogance and fear. If we are a democratic republic, every citizen has a right to protest peacefully. Thank God, there is still a strong pillar of democracy intact, the judiciary. Last time it was bludgeoned into submission. Arrogance and fear are not a good combination for good governance, not even good politics. They are signs of wrong-doing. Congress has not learnt nothing from the emergency experience.

http://www.indianexpress.com/news/second-time-as-farce/800228

June 9, 2011.

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Siddhivinayak Temple - Why government control?

Siddhivinayak Temple – Why government control?.

If India is a secular country, why the GOM controls its finances? ( MM, 9/6/11) It should be left to the devotees to run the temple trust just like the SGPC – Shri Shiromani Guruwara Prabandhak Committee. The devotees of Siddhivinayak and other temples should take it up in the High Court and agitate, if necessary.

In the meanwhile, with donations reaching Rs.50 crore per annum, the temple trust should help Municipal Schools and Municipal Hospitals provide better education and better health to the poor in the city. It can adopt a few schools and hospitals in its vicinity to see its impact on he city's education and health.

http://www.mumbaimirror.com/article/2/2011060920110609031357124525b727b/State%E2%80%99s-riders-force-trust-to-stop-aid-to-ailing-needy.html

June 9, 2011.

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'What if Koda or Raja became PM?'

'What if Koda or Raja became PM?'

Civil Society Member of the Panel on Lokpal, Shanti Bhushan, has rightly asked the question, 'What if Koda or Raja beame PM?' to the Chairman of the Panel and the Finance Minister Pranab Mukherjee ( IE,8/6/11) and the answer is obvious – inclusion of PM under the jurisdiction of Lokpal. Since nobody is above the law, including the PM and CJI should not adversely affect their office. The institution of Lokpal should be selected by a penal consisting of the PM, the leader of the Rajya Sabha, the Leaders of the Opposition in both the houses of the parliament and the last CJI of the Supreme Court. The members of the Lokpal should be based on their expertise in law, accountancy, investigation and on 'impeccable integrity'. This will give credibility to the institution of Lokpal. Lokpal should be assisted by CVC and CBI in investigation and prosecution, and the heads of these agencies should also be selected by the same panel. Without such strong and powerful Lokpal, it would not be possible to control, if not eliminate, corruption in our body politic.

http://www.indianexpress.com/news/what-if-koda-raja-become-pm-bhushan/800770/

June 7, 2011.

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Responsive government ?

Responsive government?

In his well-argued analysis, "Playing fast and loose" (IE, 3/6/11), Pratap Bhanu Mehta has pointed out the pitfalls of civil society initiatives in governance. He believes that it leads to 'its own brand of authoritarianism'. He also states, "A responsive government is one that .. enforces the rule of law, dispenses justice, provides good management of the economy and so forth." He does not tell us what we, the citizens, have to do when government is not responsive – does not enforce the rule of law, does not dispense justice and does not provide good management of the economy. When that happens every citizen has a right and an obligation to start a movement to make the government responsive. That is exactly what Anna Hazare and Swami Ramdev are trying to do.

2G scam and CWG are the biggest scams in the country. The GOI agrees to have a JPC after the Opposition boycotts a whole session. Is it undemocratic to ask for a JPC? Wheels of justice move only after civil society members move the Supreme Court. PM allows 2G scam under the rubric, 'coalition dharma'. The members of the higher judiciary are also in the news for wrong reasons. All that Hazare and Ramdev are asking is to have a Lokayukta to catch the big fish in the net. It is well-known that our politicians and businessmen have stacked away their loot in tax havens abroad. What is wrong if Ramdev wants that to be declared as national wealth and brought back?

Our commentators expound on the pitfalls of civil society initiatives but have no idea how to bring about good governance. It is sad.

http://www.indianexpress.com/news/playing-fast-and-loose/798740/0

June 3,2011.

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Jurisdiction of Lokpal/Lokayukta.

Jurisdiction of Lokpal/Lokayukta.

The recent gigantic scams and the agitations led by Anna Hazare and Baba Ramdev have created a consensus in the country to constitute the institution of Lokpal and Lokayukta. The only question now is about its jurisdiction. It is a good move by the government of India to ask chief ministers and the political parties ( Pranab sends questionnaire.., IE, 1/6/11). Of the six questions, two would have easy answers or consensus: (1) a single act to constiute a Lokpal at the centre and Lokayukta in the states; (2) the Lokpal/Lokayukta should be a five-member bench and should have powers to summon witnesses and records and file charge-sheets. The criminal investigation branch of CBI and CVC should assist the bench. The heads of CBI and CVC should be appointed with the concurrence of the Lokpal. The chief Lokpal should be a retired judge of the Supreme Court and should be appointed for three years by a panel consisting of the PM, the Leader of the Opposition and the Chief Justice of the Supreme Court. The other members should also be appointed by the panel.

The government has raised the issue of the jurisdiction of these institutions – whether the PM/CM should be covered? Whether the higher judiciary should be under its purview? Whether the conduct of MPs inside the legislature and the conduct of he civil servants could be enquired into by these institutions as the constitution has separate provisions to take care of the wrong-doings by them? The recent events have revealed that these provisions have not been effective. PM allowed 2G scam in the name of 'coalition dharma'. Higher judiciary has not been able to prevent or punish wrong-doings. Though some MPs have been disqualified for taking money for asking questions or misusing MPLAD funds, no MP has been punished for voting in exchange for money. Newspapers are full of reports about the corruption in many government departments. How many of them have been punished? Not many. Only a powerful Lokpal/ Lokayukta can tackle corruption in India.

http://www.indianexpress.com/news/pranab-sends-questionnaire-to-cms-parties-on-lokpal-draft/797952

June 1, 2011.

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