JOIN USAfter the Babri Masjid was demolished in 1992, then prime minister P V Narasimha Rao famously made a statement that the law will take its course. At the time, the assurance did not evoke much confidence. The society at large was unclear whether the law had such a thing as a ‘course’ and whether it will take that course automatically, as it were.
To put it differently, the question was about the law enforcement machinery, its integrity and efficiency. Recent developments have generated a degree of optimism about the law as an independent and objective instrument in the society.
It is not perceived as a tool in the hands of the ruling classes to be applied as they deem fit – at least not entirely. Key institutions such the Supreme Court, the Comptroller and Auditor General of India, the Central Bureau of Investigation and the Lokayukta in Karnataka have been unsparing in dealing with the questionable acts of the powers-that-be.
The current trend can be traced to the vigor displayed by the Supreme Court in dealing with the appointment of the Central Vigilance Commissioner and 2G Spectrum scam. The present Supreme Court, led by Chief Justice S H Kapadia, has been a pathbreaker. It has made effective use of ‘Public Interest Litigation,’ a tool developed in the early 1980s to overcome a technical rule that requires a person bringing an action in a court to have a subsisting personal interest in it.
The lead shown by the Supreme Court in dealing with cases of corruption has been seized by other courts which have displayed similar grit in dealing with scandals involving politicians and bureaucrats involved in scandals. The trend is evident from the remand of former Karnataka minister, Katta Subramanya Naidu and his son to judicial custody and the rejection of the bail applications of the persons involved in the Satyam Computers scandal.
The 2G Spectrum scandal, in which Supreme Court has played a signal role, was brough to public light by the office of the CAG. More recently, CAG has reported about the expenditures claimed by Reliance Industries for its extractive operations in different parts of the country and the consequent avoidance of payments it had to make to the government of India. The thoroughness with which CAG has investigated the issues is proof of the capability and competence we have in many public offices in the country. This is certainly gratifying.
At the state level in Karnataka, a report on illegal mining issued by the former state Lokayukta Justice Santosh Hegde has forced the resignation of chief minister B S Yeddyurappa who has now applied for anticipatory bail.
Political tussle
Another current topic is the ongoing investigation into the affairs of Jagan, the son of late Andhra Pradesh chief minister Y S Rajashekara Reddy. The political tussle between Jagan and the Congress leadership cast a shadow and revived the longstanding question about the motivations of CBI in launching inquiries into issues involving politicians and powerful personalities.
This may not be entirely fair, if we consider the firmness CBI has recently shown in the 2G scam which is targeted at the DMK, a key partner in the ruling coalition in New Delhi. In any case, the CBI now appears certainly to be more effective than it was in the past.
Recent events and the performance of law enforcement agencies in dealing with the longstanding malady of corruption have significant implications. For one, it emphasises the importance of having people of integrity, competence and courage in public offices.
The ongoing events can also be valuable trendsetters for the future. Not long ago, T N Seshan succeeded to a great extent in cleaning up the electoral process, and his lead has been followed by his successors. Likewise, the present leadership in the law enforcement agencies can be torch-bearers for the future and provide a moral compass for a nation that seems bewildered and lost.
In the prevailing environment, perhaps, statements about the law taking its course will be received with greater credibility and less cynicism. The idea that there is a law and it will act against corruption and abuse of power has greater validity, thanks to the present leadership in the law enforcement agencies. Given the feudal history of India with its castes and hierarchies, it is natural that the titles of institutions and personalities evoke respect and fear.
This discourages serious thinking about the individuals manning the institutions, the offices, and their character, temperament and integrity. We cannot forget that most of the agencies now in the limelight have existed for a long time, but only recently they have performed with some efficiency and attempted to restore public confidence in democratic institutions and the rule of law.
It is fortuitous that Anna Hazare has stepped in at the forefront at this moment with his crusade against corruption. His movement is significant for a number of reasons. Anna Hazare has reestablished the relevance of Mahatma Gandhi and his ideals to present-day India, and has also drawn the younger generation into public issues. The youth support that Anna Hazare’s team has generated is heartening.
It underscores the moral vacuum in the present polity and a yearning in the society for a more value-based system. The need is to move towards a more balanced development model that can combine the pursuit of wealth (artha) with right conduct (dharma).
(The writer teaches at the University of Ottawa, Canada)