Tough line by SC, EC a ray of light
With corruption-filled gloom pervading our public space, it is the intervention of institutions outside the executive, notably the Supreme Court and the Election Commission, that offer some hope that we will be able to navigate our way through the present troubles caused by the venality of those in authority. The Supreme Court
on Thursday passed a series of instructions which suggest how stringently it is approaching the 2G spectrum case that has brought shame upon the conduct of an erstwhile Union Cabinet minister, exposed the functioning of the government, and permitted many to question Prime Minister Manmohan Singh’s ability to stand up to political and administrative compulsions. So concerned appears the Supreme Court with the shocking state of affairs that it appears to be putting itself out to make the point that while legal processes in this case must be transparent, these not stretch endlessly as is often the case in this country. To quicken the pace of procedures, the highest court has asked the government to constitute a special court to deal solely with the 2G issue and directed the CBI to file a chargesheet by March 31. It has also instructed that no other court in the country must pass any order that might impede the investigation in this case in any manner. The CBI probe must also cover the culpability of beneficiaries in the alleged scam as they are deemed to be a part of the conspiracy to cheat the exchequer. Indeed, going into specifics, the court has asked why the CBI had sought remand of the accused for a short duration and observed that it (CBI) must have a free hand (to accomplish its task). These instructions serve to underline that the 2G case has stung the nation and made us reflect on the working methods of those holding high office.
Of late, chief election commissioner S.Y. Quraishi has also spoken up candidly on the need to clean up the election process so that we may get MPs and MLAs who do not face criminal charges and have not gone to jail. This is no doubt in the belief that clean legislators and ministers would be more sensitive to corruption issues and be less tolerant of bureaucrats or others who might scheme to dip their hands into public funds — a malady that is making a mockery of our democracy. The CEC had on Wednesday accepted a report by the accounting regulator that seeks basic changes in the way political parties prepare their accounts. The Institute of Chartered Accountants of India recommended that all parties be required to prepare financial statements and submit audited accounts to the Election Commission within six months of the ending of a financial year. These accounts must be compulsorily published in a newspaper. It has also been suggested that auditors of political parties must be appointed by the Comptroller and Auditor-General and changed every three or four years. Mr Quraishi has asked the income-tax department to formulate an action plan to monitor illegal cash flow in the coming elections in Assam, West Bengal, Tamil Nadu, Kerala and Puducherry. In Bihar last year, the EC’s tough handling under Mr Quraishi served greatly to reduce malpractice by parties and candidates.
These suggestions by the CEC are heartening. But they will have meaning only if the political class backs it by framing appropriate legislation and rules. The tough stance of the Supreme Court and the EC are laudatory. In order to drastically curb corruption, however, it is also needed that the discretionary powers of ministers and others are done away with. The point was raised by Congress president Sonia Gandhi at a recent AICC session, but not much has happened since.
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