Jan Lok Pal is no solution

Posted on August 21, 2011

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Tackling corruption requires economic reforms and a popular re-engagement with electoral politics. We should shun the politics of hunger strikes.

 
The idea of a ‘Jan Lok Pal’ is flawed and profoundly misunderstands the causes and solutions of corruption in India. It seeks to create another chunk of Government, more processes and rules, to solve a problem that, in part, exists because of too many chunks of Government, too many processes and rules.

 
If the ‘Jan Lok Pal’ presides over the same system that has corrupted civil servants, politicians, anti-corruption watchdogs, judges, media, civil society groups and ordinary citizens, why should we expect that the ombudsman will be incorruptible? Because the person is handpicked by unelected, unaccountable ‘civil society’ members? Those who propose that Nobel Laureates (of Indian origin, not even of Indian citizenship) and Ramon Magsaysay Award winners should be among those who pick the Great Ombudsman of India — who is both policeman and judge — insult the hundreds of millions of ordinary Indian voters who regularly exercise their right to franchise. For they are demanding that the Scandinavian grandees in the Nobel Committee and the Filipino members of the Magsaysay foundation should have an indirect role in selecting an all-powerful Indian official.

 
The argument that people should be involved in drafting legislation is fine, even if it misses the point that the Government is not a foreign entity but a representative of the people. It is entirely another thing to demand that the legislation drafted by an self-appointed, unaccountable and unrepresentative set of people be passed at the threat of blackmail. If we must have representatives of the people involved in law-making, we are better off if they are the elected ones, however flawed, as opposed to self-appointed ones, whatever prizes the latter might have won.

The ‘Jan Lok Pal’ will become another logjammed, politicised and ultimately corrupt institution, for the passionate masses who demand new institutions have a poor record of protecting the existing institutions. Where were the holders of candles, wearers of Gandhi topis and hunger-strikers when the offices of the Chief Election Commissioner, the Central Vigilance Commissioner and even the President of the Republic were handed out to persons with dubious credentials? If you didn’t come out to protest the perversion of these institutions, why are you somehow more likely to turn up to protest when a dubious person is sought to be made the ‘Jan Lok Pal’?

 
But this is us. Given this reality, the solution for corruption and malgovernance should be one that does not rely on the notoriously apathetic middle classes to come out on the streets. The solution is to take away the powers of discretion, the powers of rent-seeking from the Government and restore it back to the people. This is the idea of economic freedom. Societies with greater economic freedom have lower corruption. I have long argued that we are in this mess because we have been denied Reforms 2.0.

 

How can we have Reforms 2.0 if “those politicians” are unwilling to implement them? The answer is simple: By voting. Economic reforms are not on anyone’s political agenda because those who are most likely to benefit from them do not vote, and do not vote strategically. At this point, it is usual to hear loud protests about how voting does not work, most often by those who do not vote. This flies in the face of empirical evidence — when hundreds of millions of people turn up to vote. If it were not working for them, why would they be voting? They might not be demanding Reforms 2.0, but something else, and are getting what they want. Instead of ephemeral displays of outrage — what happened to those post-26/11 candle-light vigils?— it is engagement in the electoral process that is necessary. There are some innovative ideas — like that of voters associations — that can be attempted.

 

There are no better words than those of BR Ambedkar on the place of satyagraha in India after the Constitution came into force on January 26, 1950: “…we must abandon the bloody methods of revolution. It means that we must abandon the method of civil disobedience, non-cooperation and satyagraha. When there was no way left for constitutional methods for achieving economic and social objectives, there was a great deal of justification for unconstitutional methods. But where constitutional methods are open, there can be no justification for these unconstitutional methods. These methods are nothing but the Grammar of Anarchy and the sooner they are abandoned, the better for us.” Ambedkar was speaking in the Constituent Assembly.

 

In my view civil disobedience in general and hunger strikes in particular must be used in the most exceptional circumstances where constitutional methods are unavailable or denied, and only till the time constitutional methods remain unavailable or denied.

 

Some contend that the system isn’t working, or has been so perverted by the incumbent Government that it is necessary to resort to public agitation. This is a dubious argument. Constitutional democracy is an enlightened way to make policy by reconciling — to the extent possible — the diverse interests, opinions and levels of political empowerments of a diverse population. Any other way amounts to coercion in one form or the other.

 

If we are to allow that hunger strikes and street protests do better than constitutional methods, then how would you decide issues where there are sharp differences? If two Gandhians go on hunger strike asking for polar opposites, do we settle the issue by seeing who gives up first? What if competing groups escalate the agitation to violence against each other? Should we condone civil war?

 

The working of those constitutional mechanisms can and must be improved. By us. The anti-defection law must go. India does not have a comprehensive law governing political parties. It needs one. Police reforms have been stalled for decades. There is a substantial reform agenda that must be pursued. By us.

 

However, the inability to implement these reforms is no excuse for resorting to civil disobedience or, as it happens in other countries, calling in a dictatorship of the proletariat, the military or the priesthood.

 

The ‘Jan Lok Pal Bill’ is not a solution to the problem of corruption. It risks making matters worse. Hunger strikes are not the right means to promote a policy agenda in a constitutional democracy like ours. The promoters and supporters of ‘Jan Lok Pal’ and the public agitation to achieve it are profoundly misguided. Their popularity stems from having struck a vein of middle class outrage against the UPA Government’s misdeeds. That does not mean that the solutions they offer are right.

 

I oppose ‘Jan Lok Pal’ and the politics of hunger-strikes as much as I oppose corruption and misgovernance.

 
Nitin Pai

The writer, a commentator on public policy and security affairs, is editor of Pragati.

 

 

Originally published at:

http://www.dailypioneer.com/330414/Jan-Lok-Pal-is-no-solution.html

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