1.
While it cannot be a subject of disputation that the various functional
segments of the administrative infrastructure must get the respect of the
masses, the bitter truth is that the enslaved masses had had enough of it for
the last more than six decades since the painful partition of the country. For
reasons of loyalty to truth, I must concede that the English yoke was merely
replaced by the color opposite and the common man continued to wilt as
administrative personnel in seats of authority, by and large, cocooned
themselves under the pompous isolation of arrogance of authority.
2.
Indisputably, there is indeed a sizable conscientious slice of the members of
public service thoroughly influenced by moral horizon, and the sentiment
applies to certain leaders of different political leaders of different hue as
well who would not hesitate to advocate the public cause, at would be a feint
defensive to evade accepting the tortuous reality that the self – serving
percentage outweighs and over shadows the fewer lot who function, may exist, in
obscure placements.
3. Being umbilically of apolitical
hue, I would refrain from touching the aspect of validity or otherwise of the
vicissitudes which the efforts at obtaining the formulation had to
undergo. An exercise in that direction would, wittingly or unwittingly,
be unavoidably accusatory in character which course must be avoided when it is
time for national rejoicing. The news of the century is that the self –
effacing endeavor of Gandhian Anna and his team has yielded result and the
Lokpal legislation has been, assented by the President of India. The
posterity will bless all those who strived untiringly to achieve what, at one
point of time, appeared to be an impossibility. Accusations, uncharitable
though, were flung at that point of time that none from the political field
wanted that formulation to surface. Those fears have turned out to be
unfounded and Lokpal is a reality.
4.
Indisputably, the credit therefore must be shared by not only by the principal
political parties of the country but also those who aided the passage by
affirmative nod. The sagacity exhibited by the Ruling Party as also the
principal opposition party BJP earned them the gratitude of the generation in
currency was also the posterity.
5.
Assuming, for the sake of arguments, that the legislation which has surfaced
may not be perfect, it would not be appropriate to deny that it will in any
case go a long way in handling the malaise of corruption. Denial of
gratitude to the two principle parties, for the smooth passage of the bill,
would be grossly unfair. The bickering qua the claim for credit is a
phenomenon unavoidable in a country of multitude of races and ambitions.
We can afford to ignore that mutually demeaning exercise.
6.
Irrespective of the nomenclature under which the dark horse dispensation may
have surfaced, the citizen we would wish them all the best. The cynics
and those denied power would be well advised to await the outcome of the
Governmental functioning and reserve judgment upon them.
7.
On point of fact, adequately proportionate share of credit for the coming into
being of Lokpal formulation must be shared by Kejriwal and Co. who made their
meaningful contribution at securing the legislation, their parting of ways with
Anna notwithstanding.
8.
While it is important to have such a legislation in place in the first
instance, it is all the more important to ensure that the appointees in the
implementation infrastructure are those who have the will and grit to do so,
completely unfazed by any and every hurdle of whatever magnitude. They
must be people of exceptional credentials, in terms of not only competence but
also transparent integrity.
9.
While we ought to trust the capacity of the appointing infrastructure to
appoint only the deserving, we must broadly formulate the forbidding
prohibitions impeding a consideration for appointment.
10. An
individual who has a political lineage or an unenviable past even if
exoneration may have come about ultimately, must eschew entertaining a desire
for consideration. A multi stake holder in bureaucracy may also refrain.
There shall a big no-no for any post-appointment period assignment and the ban
shall apply for the entire shelf-life of the appointee.
11.
Though the quality level of services delivered by the segments usually within
the ambit of appointments in the dispensation may be undeniable, the zone of
consideration for Lokpal appointments must be enlarged to include figures in fields
other than bureaucracy, Army and the police services too. Those with an
obsessed mindset, irrespective of the colour thereof, must be denied
consideration. Only those with an unbiased mindset and with a zeal for
national service ought to be noticed and considered.
12.
For purposes of short-listing a national search has to be undertaken.
Inviting of applications too could be resorted to. In case the applicant
is from a legal field, the views of the respective Bar Associations could be ideally
elicited. For fair consideration, the names of those under consideration
must be compulsively made public. That will enable the selection
committee to avoid instances wherein certain facts, unpalatable in character,
crop up at a time subsequent to the appointment.
13.
India has, by enacting the Lokpal Legislation, enhanced its stature in the
country of nations and has proved its impeccable credentials as a country
genuinely inclined to eradicate corruption. The ambience of national
spirit exhibited by the ruling as also the principal opposition party in the
comfortable passage thereof would always be remembered with gratitude by the
posterity.
14. A
correct pick of the personnel to man the Lokpal infrastructure would help
dilute the crisis of credibility as also take care of the awkward deficit of
integrity which, for unenviable and despicable situational reasons, appeared to
have been able to institutionalize itself.
15.
Thanks, however, to Anna and all Anna Mindsets for having contributed to the
navigation of a legislation wrapped in a sense of timelessness.
16.
The fact of the Lokpal formulation having emerged on the statute book would
not, by itself, stem the rot. The quality of follow up action in the
matter of relevant appointments as also the actual functioning would obviously
be more important than whatever may have preceded its coming into
emergence. The following are few ponderable suggestions in the context.
(a) The names of all those under consideration by
the competent authority must be made public and the views of objectors must be
noticed before finalization;
(b) Persons with political lineage must
not be considered;
(c) Persons with bureaucratic strains must not be
considered;
(d) Persons who may
have had even the slightly integrity – related issue must not be
considered, even if
they may have been exonerated ultimately on preponderance of
evidence or benefit
of doubt.
17.
Days of inebriated authority are over, hopefully.
Justice (Retired) S.D.Anand
Date: 05.01.2014
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