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Not the way to fight graft

Not the way to fight graft

Author: Kanchan Gupta
Publication: The Pioneer
Date: June 5, 2011
URL: http://www.dailypioneer.com/343469/Not-the-way-to-fight-graft.html

Soon after accepting the demand of Anna Hazare that he and his nominees should be included in an official, notified committee to draft the proposed Lok Pal Bill, Union Human Resource Development Minister Kapil Sibal had pompously declared that there were no differences between the Government and 'civil society' on the issue of fighting corruption at high places. "We are on the same page," Mr Sibal had told mediapersons, conveniently forgetting that there were several pages, if not an entire book, separating the UPA and the fasting 'Gandhian' who had charged the imagination of the non-voting chattering classes of urban India, symbolised by backpack-carrying twenty-somethings who have made what Radio Mirchi calls the "bina nahaaye office aaye" look fashionable, till a couple of hours before the Government capitulated.

On Friday evening, Mr Sibal, who has emerged as the chief fireman of a regime under siege, deployed to douse flames whenever and wherever they erupt, said something similar after spending the afternoon trying to talk Baba Ramdev into giving up his 'satyagraha' to protest against the Government's failure in tackling the issue of black money. "We had constructive dialogue on several issues and the Government has addressed all the issues the Baba has raised in writing. Most of these issues are of national concern and the Government is already seized of many of them," Mr Sibal said.

Had this Government headed by a limp-wristed Prime Minister truly believed that corruption is a matter of national concern and been seized of the problem, then it would have acted robustly without fear or favour, instead of whimpering in the corner into which it has painted itself. It is evident from the Government's shameful conduct, its stunning defence of crooks like A Raja (ironically, it is Mr Sibal who had publicly claimed that there was zero loss to the exchequer on account of the Great 2G Spectrum Robbery) and its astonishing refusal to act on illicit money stashed in foreign bank accounts and tax havens even as Western Governments are going about this job methodically, that the last thing the Congress wishes to do is confront the monster of corruption, leave alone slaying it.

That explains why the Government continues to surrender its autonomy to decide policy and frame laws, and allow its executive authority to be whittled away by self-appointed guardians of morality, ethics and probity in public life, even if the lives of some of them are not necessarily the best examples to live by. Anna Hazare no doubt has the best intentions in mind as he presses for a Lok Pal Bill that will pave the way for appointing an all-powerful ombudsman who will have the right to doubt and question the integrity of everybody while nobody shall dare raise a finger at him or her. But that does not mean he can decide the contours of an important Bill, bypassing the constitutionally-mandated process of law-making and circumventing both executive authority and legislative privilege.

The day it conceded the presumed right of Anna Hazare and his nominees - Mr Shanti Bhushan, Mr Prashant Bhushan and Mr Santosh Hegde - none of who is answerable to the people of India or accountable to Parliament, to decide the scope and ambit of the proposed Lok Pal Bill, the Government sent out an unambiguous signal that it lacks the courage to stand up to pressure tactics that appear to be morally right but militate against the letter and spirit of constitutionalism and the constitutional order without which there can be only anarchy. "We must abandon the method of civil disobedience, non-cooperation and satyagraha," BR Ambedkar had argued in the Constituent Assembly on November 25, 1949, "When there was no way left for constitutional methods for achieving economic and social objectives, there was a great deal of justification for unconstitutional methods. But where constitutional methods are open, there can be no justification for these unconstitutional methods. These methods are nothing but the Grammar of Anarchy."

Just as Anna Hazare had the moral well-being of the nation in mind when he embarked upon his Jantar Mantar fast-unto-death, Baba Ramdev, too, means only the best for this country and its people as he launches his 'satyagraha' against corruption, this time at Delhi's Ramlila Ground. Contrary to what Bollywood actor Shahrukh Khan may think, a yoga guru, that too one who is as immensely popular with the masses, cannot be faulted for wanting to cleanse the Government of its many sins, especially the sin of turning a Nelson's eye to the all-pervasive corruption that has singularly contributed the most to the flight of illicit capital from the country.

That said, it is undesirable that Baba Ramdev should be seen to be setting the agenda for the Government or forcing it to act under pressure by accepting demands that no doubt find a resonance among the masses but are difficult, if not impossible, to implement. For instance, issuing an Ordinance to 'bring back black money' would be cheered by many, but few would bother to check whether this could indeed achieve an otherwise noble objective. Similarly, asking for mandatory death penalty for those found indulging in corrupt practices will strike a chord with many Indians - it always did: Jawaharlal Nehru had once suggested that blackmarketeers should be strung up from lamposts - but few would bother to consider its feasibility. In a country where mass murderers are given the benefit of the doubt by judges who are rarely, if ever, appalled by their grisly deeds, it is anybody's guess as to how many corrupt politicians, babus, contractors, businessmen, industrialists and wheeler-dealers will be sent to the gallows.

All this does not mean that we should retreat from the battlefield and legitimise corruption by giving up the fight against it. If anything, the fight against corruption has to be stepped up many-fold. But that can be done only by waging a political battle, not by co-opting do-gooders and those who think they have the solution to all of India's million problems. This would happen only when the Opposition would take on the job of forcing the Government to act, not by resorting to agitational politics but by doing what it is expected to do: Providing both check and balance to a system of governance which, despite its many flaws, has stood the test of time and kept the democracy flag flying in India. Others in the neighbourhood have fared far worse: For evidence, look at Pakistan which is as good as a failed state. Tragically, the Opposition has failed to protect its turf from 'outsiders' for which it alone is to blame. There is, however, little percentage in the Opposition sitting back while others arrogate to themselves the role of the political opposition without being stakeholders in politics. That way lies unmitigated disaster.


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