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LATEST NEWS UPDATES | A bill too far

A bill too far

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published Published on Jun 22, 2011   modified Modified on Jun 22, 2011

-The Economic Times

 

The ninth and final session of the Lokpal Bill drafting committee dispersed with little meeting of minds between civil society representatives and their government counterparts. Forget the six points on which differences have been enumerated; the basic disagreement is on the essential nature of the proposed ombudsman.

The civil society representatives seek to create a new body that is all-powerful, gets appointed with minimal participation by the elected representatives of the people, combines in itself the roles of the judge , jury and the prosecution, and is accountable to itself. This is reckless, elitist and oblivious of the new possibilities of transparency and monitoring made possible by the ongoing information revolution that rides on technology and the right to information.

The notion that civil society would be able to find some incorruptible, omniscient philosopher king who would unerringly act in the public interest is the stuff of dreams. Reality calls for an elaborate system of checks and balances among different state institutions. True, some deep flaws mar the system at present: the judiciary is virtually unaccountable, appoints itself and forays at whim into the legitimate realm of the executive and the legislature.

This must be remedied, not by subordinating it to a Lokpal but by giving the legislature a role in its appointment and in holding it to account. It is vital that the judiciary be in a position to provide a check on the Lokpal, should that august body stray from the path of rectitude.

That would leave the judiciary out of the Lokpal's ambit, which should comprise the political executive, including the Prime Minister and the senior civil service. And members of the legislature should be held accountable not by learned ombudsmen but by the unwashed masses who elect them. And a competitive media would relentlessly scrutinise the working of all these institutions, helping each function effectively.

The shortcomings of democracy cannot be remedied by a well-intentioned elite but only through better democracy. Today, corruption funds Indian democracy. Changing that is the key, besides greater vigilance by an empowered people. This cannot be obfuscated.

The Economic Times, 22 June, 2011, http://economictimes.indiatimes.com/opinion/editorial/a-bill-too-far/articleshow/8945754.cms


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