Pocket _ [Polity] 2nd ARC_ Ethics and Corruption (4th Report)_ Election Reforms, State Funding of...
Transcript of Pocket _ [Polity] 2nd ARC_ Ethics and Corruption (4th Report)_ Election Reforms, State Funding of...
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v iew or iginal
[Polity] 2nd ARC: Ethics and Corruption (4th
Report): Election Reforms, State Funding ofElections
First some fodder quotes for Essays related to Corruption and Ethics:
All that is necessary for the triumph of evil is that good men do
nothing (Edmund Burke)
The punishment suffered by the wise who refuse to take part in
government, is to suffer under the government of bad men (-
Plato)
Righteousness is the foundation of good governance and peace.
(Confucius)
Man himself must become righteous and then only there shall be
righteousness in the world.
Be the change you wish to see in the world (Gandhi)
The line separating good and evil passes not between states nor
between classes but through the middle of every human heart.
(Aleksandr Solzhenitsyn)
mrunal.org
http://mrunal.org/http://mrunal.org/2012/09/polity-2nd-arc-ethics.htmlhttp://mrunal.org/http://mrunal.org/2012/09/polity-2nd-arc-ethics.html -
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What is Ethics?
Ethics is a set of standards that helps guide conduct.
Ethics is a set of standards that society places on itself
Ethics helps to guide behaviour, choices and actions of citizens.
The Crux of ethical behaviour does not lie in bold words and
expression, but in their adoption in action.
It may not always be possible to establish the criminal offence of
misappropriation in a court, but a Government servant can still
be removed from service for unethical conduct.
E.g. An engineer may have deliberately permitted the
construction of a defective irrigation dam or building. It may not
be possible to get him convicted in court on charges of corruption
but he could be removed from service on grounds of
incompetence.
What is problem in Ethics?
The present codes of conducts are not direct and to the point.They are full of vague sermons that rarely indicate prohibitions
directly.
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Law should be so succinct that it can be carried in the
pocket of the coat and it should be so simple that it can be
understood by a peasant (-Napoleon)
Blame games
We always find alibi for our lapses by quoting trespass from otherdemocratic institutions, by resorting to a blame game.
legislators blame the judiciary and vice versa
civil services blame interference by the political executive or
legislatures and vice versa.
(but) The standard should be one of not only the conduct of
Caesars wife but of Caesar himself.
If any of the democratic institutions leaves space, the mafia or
extra-constitutional authority occupies that space.
What is Rule of Law?
Rule of law measures whether crime is properly punished or not;
enforceability of contracts; extent of black market; enforceable
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rights of property; extent of tax evasion; judiciarys
independence; ability of business and people to challenge
government action in courts etc
The purpose of a government is to make it easy for people
to do good and difficult to do evil (British PM Gladstone)
The word corrupt is derived from the Latin word corruptus,
meaning to break or destroy.
The word ethics is from the original Greek term
ethikos,meaning arising from habit.
Corruption is so deeply entrenched in the system that most
people regard corruption as inevitable and any effort to fight it as
futile.
This cynicism is spreading so fast that it bodes ill for our
democratic system itself.
Two Viewpoints in Fighting Corruption
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Both approaches should be pursued side by side because
1. Values are needed to serve as guiding stars, and they exist in
abundance in our society. A sense of right and wrong is intrinsic
to our culture and civilization
2. But Values without institutional support (and punishment) will
soon be weakened and dissipated.
Mindmap
Check this Excellent Mindmap prepared from unthta.wordpress.com
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3 Factors behind Corruption in India
colonial-
legacy
colonial legacy of unchallenged authority and
propensity to exercise power arbitrarily.
In a society which worships power, it is easy for
public officials to deviate from ethical conduct
asymmetry
of power
Opportunity
In the pre-LPG era, the over regulation, severe
restrictions on economic activity, excessive state
control, near-monopoly of the government in many
sectors and an economy of scarcity all created
conditions conducive to unbridled corruption.
many state subsidies and beneficiary-oriented
programmes enhanced opportunities to indulge in
corruption and reduced the citizens capacity to
resist extortionary demands.
Two types of Corruption
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coercive
corruption
Citizens are forced to pay bribes. (for example Ration
card, Driving license, telephone connection).
collusive
corruption
Bribe giver and bribe taker benefit at immense cost to
society. (for example 2G, Coal scam)
Post-LPG Reform Era
monopoly and discretion increase the propensity to corruption
while competition and transparency reduce corruption.
Telephones, steel, cement, sugar and even two-wheelers are
among the many sectors, which have seen enhanced supply and
choice, reducing or even eliminating corruption after LPG
reforms. (Liberalization, Privatization and Globalization)
wherever technology and transparency have been introduced,corruption has been significantly contained.
over-centralization increases corruption
The more remotely power is exercised from the people, the
greater is the distance between authority and accountability
large number of functionaries between the citizen and finaldecision-makers makes accountability diffused and the
temptation to abuse authority strong
Right to Information, effective citizens charters have
dramatically curbed corruption and promoted integrity and
quality of decision making.
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The way ahead
The deregulation, liberalization and privatization are not
necessarily the solution to fix corruption.
Public example has to be made out of people convicted on
corruption charge.
All procedures, laws and regulations that breed corruption will
have to be eliminated.
Right to information has to be the starting point for some of
these changes
focus should be on e-governance and systemic change
An honest system of governance will displace dishonest persons.
Benami properties of corrupt public servants need to be
forfeited, as also the assets illegally acquired from corrupt
practices
Whistleblower legislation has to be put in place to protect
informants against retribution.
Politics and Ethics
it is unrealistic and simplistic to expect perfection in politics in an
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ethically imperfect environment
India was fortunate that high standards of ethical conduct were
an integral part of the freedom struggle. Unfortunately, ethical
capital started getting eroded after the transfer of power.
Election =mother of corruption
There used to be time when excesses in elections were common
for example imperfect electoral rolls, impersonation, booth-
capturing, violence, inducements and intimidation, floor-
crossing after elections to get into power.
However, Election Commission and the Supreme Court have
taken several steps since the late 1980s
Yet, there is a widespread view that much more needs to be doneto cleanse our political system.
Criminalization of politics
It means participation of criminals in the electoral process
Why rise of criminals in politics?
protection for law-breakers on political, group, class, communal
or caste grounds
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partisan interference in investigation of crimes and poor
prosecution of cases,
inordinate delays lasting over years and high costs in the judicial
process,
mass withdrawal of cases,
Indiscriminate grant of parole.
Why Criminals enter politics?
Opportunity to convert the policemen from being potential
adversaries to allies.
opportunity to influence investigations of crimes.
Why Political parties allow criminals?
As for political parties, a criminal individuals is a tool to secure
votes through use of money and muscle power.
Election reforms already in process
Improvement in Accuracy of Electoral Rolls.
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provision of photo-identity cards for all voters
Supreme Court has directed that a candidate should declare any
conviction by a court or whether a criminal case is pending
against him
EC has directed every candidate to file a declaration of assets and
liabilities of the candidate and family members.
Article 324 = EC has power to to superintend, control and
direct elections.
Using this power, Election Commission has made the Code of
Conduct for elections binding in all respects.
Similarly, EC has put prohibition of festoons/cutouts,
required candidate to file on daily expenditure statements,
during Election campaigns.
appointment of a large number of observers, ordering of re-poll
in specific polling booths.
Electronic voting machines have been introduced throughout the
country (in the parliamentary elections of 2004).
It has been decided that the death of an independent candidate
would not lead to the cancellation of an election.
Election Funding
Large, illegal and illegitimate expenditure in elections is another
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root cause of corruption.
While there are formal limits to expenditure, in reality, actual
expenditure is alleged to be far higher.
Therefore Cleansing elections is the most important route to
improve ethical standards in politics
Three Patterns of State Funding of Elections
Internationally, there are three broad patterns of state funding
for political parties and elections
Election Funding In India
Representation of the People Act puts limits on election
expenditure,
company donations to political party were banned in 1969 but
later allowed by an amendment of the Companies Act in 1985
Dinesh Goswami Committee on ElectoralReforms
set up in 1990
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recommended limited support, in kind, for vehicle fuel, hire
charges of microphones, copies of electoral rolls etc.,
It also recommended a ban on company donations.
Indrajit Gupta Committee on State Funding ofElections
Recommended partial state funding mainly in kind for certain
essential items.
Election and Other Related Laws Act 2003
Gives Full tax exemption to individuals and corporates on allcontributions to political parties
Disclosure of party finances and contributions over Rs.20,000.
Provides Indirect public funding to candidates of recognized
parties including free supply of electoral rolls
Equitable sharing of time by the recognized political parties onthe cable television network and other electronic media (public
and private)
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2nd ARC Recommendation:
A system for partial state funding should be introduced in order
to reduce the scope of illegitimate and unnecessary funding of
expenditure for election.
anti-defection legislation
Tenth Schedule was enacted in 1985
It fixed a certain number above which defection in a group was
permitted in the house.
(but) Legalising such selective defection however, provided
opportunities for transgressing political ethics and opportunism
permitting defection in any form or context is a travesty of ethics
in politics.
91st Amendment 2003
It tightened the anti-defection provisions of the Tenth Schedule,
enacted earlier in 1985
Now mandatory for all those switching political sides whether
singly or in groups to resign their legislative membership.
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They now have to seek re-election if they defect and cannot
continue in office by engineering a split of one-third of
members, or in the guise of a continuing split of a party
bars legislators from holding, post-defection, any office of profit
This Amendment has thus made defections virtually impossible
and is an important step forward in cleansing politics
Anti Defection : EC
Election Commission has also insisted on internal elections in
political parties to elect their leaders.
Election Commission has recommended that the question of
disqualification of members on the ground of defection should
also be decided by the President/Governor on the advice of theElection Commission.
Therefore, 2nd ARC recommends that the issue of
disqualification of members on grounds of defection should be
decided by the President/Governor on the advice of the Election
Commission
Disqualification of Candidate
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Given the delays in our criminal justice system, disqualification
after conviction for crimes may be an insufficient safeguard.
There are candidates who face grave criminal charges like
murder, abduction, rape and dacoity, unrelated to political
agitations.
There is need for a fair reconciliation between the candidates
right to contest and the communitys right to good
representation.
election outcome must be decided by the people who are the
ultimate sovereigns through the ballot box.
2nd ARC recommends that Representation of the People Act
needs to be amended to disqualify all persons facing charges
related to grave and heinous offences and corruption. But only
for the cases filed six months before an election would lead to
such disqualification
Publication of Accounts by Political Parties
Political parties have a responsibility to maintain properaccounts of their income and expenditure and get them audited
annually.
This needs to be acted upon early. The audited accounts should
be available for information of the public.
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Coalition Politics and Ethics
Coalitions are often necessitated because it is difficult today for a
single party to obtain a clear majority in the Legislature.
ethics of coalition government is, however, seriously strained
when the coalition partners change partnerships mid-stream and
new coalitions are formed, primarily driven by opportunism and
craving for power
2nd ARC recommends that Constitution should be amended to
ensure that if one or more parties in a coalition realign
midstream with one or more parties outside the coalition, then
Members of that party or parties shall have to seek a fresh
mandate from the electorate.
CEC Appointment method should be changed
Article 324 = Chief Election Commissioner/Commissioners are to
be appointed by the President on the advice of the Prime
Minister
(but) Heads of other statutory bodies are appointed based on the
recommendations of a broad based Committee. For example
Head Selection Committee
Chief Vigilance Commissioner (CVC)
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National Human Rights Commission
(NHRC)
PM
HM
Opp Leader Lok Sabha
Opp Leader Rajya Sabha
Speaker
Depty. Chairman Rajya
Sabha
2nd ARC recommends that CEC and other EC should be selected
through such Committee.
Disposal of Election Petitions
at present Election petitions in India are to be filed in the High
Court
such petitions should be disposed of within a period of 6 months
(required under Representation of Peoples Act)
(but) In actual practice however, such petitions remain pendingfor years and in the meanwhile, even the full term of the House
expires thus rendering the election petition infructuous.
National Commission to Review the Working of the Constitution
(NCRWC) headed by Venkatchelliah, recommended that special
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election benches should be constituted in the High Courts for the
disposal of election petitions
2nd ARC Recommends that Special Election Tribunals should be
constituted at the regional level under Article 323B.
These Special Election Tribunals will ensure speedy disposal of
election petitions and disputes within a stipulated period of six
months.
Disqualification for Membership (art.102)
Article 102 of the Constitution provides for disqualification for
membership of either House of Parliament under following
situations:
if he holds any office of profit under the Government of India or
the Government of any State
if he is of unsound mind and stands so declared by a competent
court;
if he is an undischarged insolvent;
if he is not a citizen of India,
if he voluntarily acquired the citizenship of a foreign State
if he is under any acknowledgement of allegiance or adherence to
a foreign State;
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if he is so disqualified under the Tenth Schedule (Defection)
Ethics in Public Life
in a democracy, all persons holding authority derive it from the
people.
all public functionaries are trustees of the people.
higher the echelon in public service, the greater is the ambit of
discretion
Therefore it is difficult to provide laws and rules that can regulate
the exercise of discretion in high places
Nolan Committee of United Kingdom
It outlined the following seven principles of public life
1. Selflessness:
2. Integrity
3. Objectivity
4. Accountability
5. Openness
6. Honesty
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7. Leadership
Code of Conduct for Ministers
Government of India has prescribed following Code of Conduct to
Ministers
Before becoming minister
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But the Easiest Way is not
always the Best Way.
While being Minister
so long as he remains a Minister, he shall furnish annually by the
31 st March to the Prime Minister, or the Chief Minister, as the
case may be, a declaration regarding his assets and liabilities.
refrain from buying from or selling to, the Government any
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immovable property
refrain from starting, or joining, any business;
ensure that the members of his family do not start, or participate
in, business concerns, engaged in supplying goods or services to
that Government
if any member of his family sets up, or joins in the conduct and
management of, any other business.
report the matter to the Prime Minister, or the Chief Minister
No Minister shoul accept contribution for any purpose, whether
political, charitable or otherwise, personally, or through a
member of his family,
No Minister should not permit their spouse and dependents to
accept employment under a Foreign Government.
A Minister should-not accept valuable gifts except from close
relatives, and he or members of his family should not accept any
gifts at all from any person with whom he may have official
dealings.
A Minister should avoid attending, as far as possible,
ostentatious or lavish parties given in his honour.
He should stay in accommodation belonging Government such
as circuit houses, dak bungalows etc)
Foreign Gifts
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A Minister may receive gifts when he goes abroad or from foreign
dignitaries in India
These gifts are of two types
#1: Symbolic gifts
which are of symbolic nature, like a sword of honour, ceremonial
robes
It can be retained by the recipient minister
#2: Non-Symbolic gifts
second category of gifts would be those which are not of symbolicnature
If its value is less than Rs. 5,000/- it can be retained by the
Minister.
Otherwise he will have the option to purchase it from the
ToshakhanaOnly gifts of household goods which are retained by the
Toshakhana, such as carpets, paintings, furniture etc.
They will be kept in Rashtrapati Bhavan, Prime Ministers House
or Raj Bhavan as State property.
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Commission
2nd
ARC on Ministers code of conductMinisters in the Lok Sabha must keep separate their roles as
Minister and constituency member;
Ministers must not use government resources for party or
political purposes
Ministers must uphold the political impartiality of the Civil
Service and not ask civil servants to act in any way, which would
conflict with the duties and responsibilities of civil servants;
Dedicated units should be set up in the offices of the Prime
Minister and the Chief Ministers to receive public complaints
regarding violation of the Code of Conduct
Prime Minister or the Chief Minister should ensure the
observance of the Code of Ethics and the Code of Conduct by
Ministers.
even in the case of coalition governments where the Ministers
may belong to different parties
2nd ARC on Legislators Code of Conduct
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Ethics Committees should be constituted in each house.
Ethics Commissioner may be constituted by each House of
Parliament.
They would assist the Committee on Ethics in the discharge of its
functions, and advise Members, when required, and maintain
necessary records.
Registers of Members Interests may be maintained with the
declaration of interests by Members.
The Rules of the US Congress and the Australian and Canadian
Parliaments do not allow a legislator to vote if they have a direct
pecuniary interest.
Separation of Powers: Executive vs
Legislative
#1: giving offices
We accepted the Westminster model because of familiarity andhistorical association.
In this model, the executive (Council of Ministers) is drawn from
the legislature
While in theory, the legislature holds the government to account,
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in reality it is often noticed that the government controls the
legislature as long it has a majority in the House.
Therefore, Governments often have to appoint many ministers
only to placate the ambitions of coaliation partners or faction
leaders of their own party.
This led of inflation of ministers.
The 91st Amendment to the Constitution enacted in 2003 limited
the size of Council of Ministers to 15% of the Lower House.
So now, Governments (Executive) try to placate the coaliation
partners or faction leaders of their own party by giving them
Chairmanships of Corporations, Parliamentary Secretaryships of
various ministries, and other offices of profit as sops to satisfy
their aspirations for rank, status and privilege and a way of
buying peace for the government.
Therfore there is a need to examine this issue.
#2: MPLADS
legislators are empowered to sanction public works andauthorize expenditure of funds granted under MPLADs and
MLALADs scheme.
these schemes do seriously erode the notion of separation of
powers as the legislator directly becomes the executive.
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(because) legislators do not directly handle public funds under
these schemes, as these are under the control of the District
Magistrate is flawed
In fact, no Minister directly handles public money. Even the
officials do not personally handle cash, except the treasury
officials and disbursing officers.
2nd ARC on Separation of Powers
All offices involving executive decision making and control of
public funds, including positions on the governing boards of
public undertakings and statutory and non-statutory authorities
directly deciding policy or managing institutions or authorizing
or approving expenditure shall be treated as offices of profit, andno legislator shall hold such offices.
If a serving Minister by virtue of office, is a member or head of
certain organizations like the Planning Commission where
coordination and integration is vital for the day-to-day
functioning of government, it shall not be treated as office of
profit.
Schemes such as MPLADS and MLALADS should be abolished
Members of Parliament and Members of State Legislatures
should be declared as Public Authorities under the Right to
Information Act, except when they are discharging legislative
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functions.
Concluding words
All great democracies went through the tortuous process of
democratic transformation, which included corruption and
blatant misuse of power.
India has the strength and resilience to build a great democracy
(but) We need to promote a culture of zero-tolerance of
corruption
and men and women of integrity, competence should enter
politics.
This is the gist of 2ndARCs 4th report :Ethics in
Governance. (upto Chapter #2 Minus Ethical Framework
for Bureaucrats, Judges and Regulators.)
To be Continued
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Mock Questions
MCQ
Which of the following statements are correct?
1. The CVC is selected by a Committee made up of PM, HM and
Leader of Opposition in Lok Sabha.
2. CEC is selected by a Committee made up of PM, HM, Leader of
Oppositions in Lok Sabha and Rajya Sabha.
3. The provisions related to Defection are given in ninth Schedule o
our Constitution.
4. Use of Electronic voting machines had been introduced in the
parliamentary elections of 1999.
Which of the following is not a recommendation of 2nd ARC?
1. Schemes such as MPLADS and MLALADS should be abolished
2. Ethics Commissioner should be appointed in each House of
Parliament.
3. System for partial state funding should be introduced in
elections.
4. No changes are required in the the present system of CEC
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selection.
5. Special Election Tribunals should be established to ensure
speedy disposal of election petitions.
Descriptive
Write 120 words note on
1. Electoral Reforms suggested by 2nd ARC.
2. Salient Features of Whistleblowers Protection Bill
3. Salient Features of Benami Transection Act
4. Main provisions of Tenth Schedule.
Essay (1500+ words)
1. All that is necessary for the triumph of evil is that good men do
nothing
2. The line separating good and evil passes not between states nor
between classes, but through the middle of every human heart.
3. Rule of Law in India: ground realities and the road ahead
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Interview
1. Are you in favor of State Funding of Election in India? Is it
Feasible for such a large country?
2. What steps do you think are necessary to stop Criminalization of
politics?
3. If Election is the mother of corruption, then shouldnt the
election be scrapped? Hand the power to bureaucrats and
country will run properly, dont you think?
For more on Polity and 2nd ARC related articles, visit
mrunal.org/polity
http://mrunal.org/polity