Issue 42 Vol II, June 30, 2007

E D I T O R I A L

Another Reform Muddle

“GOOD governance is perhaps the single most important factor in eradicating poverty and promoting development”. Kofi Annan, a long time  Secretary General of the United Nations once observed. He could have added more reform commissions or committees a country has, it is less likely to bring about any reform. This can be observed in India much before independence when a report on Civil Establishment and Salaries was submitted in 1866 by an officer called Rickett. There has been a plethora of commissions/committees since independence to meet our zeal for reform or rather lack of it. One would require a large hall to fill these voluminous reports. Public trust and confidence is shaken by such ritualism and tokenism.

Now a committee headed by former Karnataka chief minister M Veerappa Moily has submitted the fifth report of the Second Administrative Reforms Commission, a 342-page report on 'Public Order'. He has recommended repeal of the draconian Armed Forces (Special Powers) Act as well as powers of the Central Government to deploy armed forces in states to "maintain public order". He has recommended an enabling legislation for deployment of armed forces in the north eastern states. He wants more power to the Central Government to deploy armed forces in the states when the latter are not following the Centre's direction to maintain public order.

Civil-rights activists have long complained that this act allows security forces to trample on the rights of civilians in disturbed areas. The forces have argued they need this legal protection to discharge their duties in tinderbox situations. The trick the former chief minister has played it to seek repeal of the law, but incorporate into existing laws the provisions sought by the army. Obviously he does not accept the augment that deployment of central forces in states weakens the federal system. Once the Centre issues a constitutionally mandated directive to the state government, the next explicit step the Constitution allows is the imposition of President's rule. The Commission believed the gap between these two steps can be filled by a central law, empowering the Centre to not only deploy forces in the state but also control them. It would make the Center more powerful and weaken the states which we have been witnessing since 1952. The Center has already cornered all the flexible revenue resources, reducing the states to the level of beggars. How preposterous and autocratic it looks when a popularly elected chief minister presents a bouquet and begs a nominated deputy chairman of the Planning Commission to allow his state a particular level of  five year  plan.

There are, however, good recommendations unlikely to be accepted like the police officials at all "operational levels" should have fixed three-year tenures. It proposed separating the criminal investigation from the work of the police department.  The government should set up Criminal Investigative Agencies in all states, and that statements made before police should be made admissible as evidence. It also said that at least 33 percent of the police force should comprise of women. There should be a separate list of federal crimes where interstate or national interests are involved - listing major economic offences, acts of terrorism, organised crime, sedition and human trafficking.

Five years back the 10th  Plan document identified good governance as the single most important factor in ensuring implementation of  Plan. Everyone from the all powerful prime minister to a humble patwari  knows that not even ten paisa out of rupee sent by Center or the states reaches the ultimate beneficiary.

 The 10th plan document also  suggested  decentralization of power and citizens’ empowerment, effective people’s participation through state and non-state mechanisms. It sought greater synergy and consolidation among various agencies and programmes of government, civil service reforms, transparency, rationalization of government schemes and mode of financial assistance to states. It wanted  improved access to formal justice system to enforce rights, reforms and strengthening of land administration and harnessing the power of technology for governance. The plan is happily over and the problems still hang  over our heads.

Nevertheless during the past three years  significant initiatives have been launched to improve the quality of governance. A series of political reforms have been enacted by Parliament by unanimous consent. These include the electoral funding reforms promoting transparency and fairness and creating tax incentives to donors, disclosure of antecedents of candidates contesting for public office, and the 97th Constitutional Amendment limiting the size of the Council of Ministers to 15 per cent of the strength of the Lower House and considerably strengthening anti-defection provisions. A new value added tax (VAT) regime has been introduced recently, which is seen as the most ambitious tax reform after Independence. The path-breaking Right to Information Act has come into effect. It  applies to union and state agencies, local governments and even societies and trusts which receive public funds. This far-reaching law also provides for independent information commissioners, proactive disclosures and reporting mechanisms and has the potential to improve  our governance.

Abuse of authority at all levels in all organs of state has become the bane of our democracy. The perception that every political party and politician is corrupt needs to be seriously addressed, and restructuring the systems in all sectors – political, bureaucratic and judicial – is of paramount importance. There is a need to restructure our political and governance institutions and rejuvenate our Republic. Otherwise, the growing cynicism and despair among large sections may shatter public confidence in democratic institutions.

At most levels authority is divorced from accountability, leading to a system of realistic and plausible alibis for non-performance. Most functionaries are thus caught in a vicious cycle. There is  imbalance in the exercise of power, and asymmetry in the wielding of power. Only  8 percent of our work force is employed in the organized sector with a secure monthly wage and attendant privileges, and over 70 percent of these workers are employed in government at various levels and public sector undertakings. Such a privileged position gives even the lowliest of public servants enormous power over most of the citizens, given the abject poverty, illiteracy, excessive centralization of power, a culture of exaggerated deference to authority, hierarchical tradition in society, and the legacy of colonial traditions and practices.

Once prime minister in his address to the National Development Council on February 19, 1999 had observed: “Bureaucracy is an agent of exploitation than a provider of service, corruption is a low risk and high reward activity.” Frequent transfer hard work ethics and demoralize honest officers. Political executive should first critically review its own performance before expecting discipline and attentiveness from the bureaucracy. He warned that unless we do this we can not regain credibility with the public. We need responsive, transparent and a fair administration. Can someone provide this?

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