Posts Tagged ‘Congress’
Update: Samples collected by the UN chemical experts team in the Damascus suburb will be transferred to laboratories for analysis “within hours,” a spokesperson for UN Secretary-General Ban Ki-moon has said in a note to correspondents. “The samples were shipped this afternoon from The Hague and will reach their destination within hours,” the note said. It added that the designated laboratories are prepared to begin the analyses “immediately after receipt of samples.”
Ria Novosti has quoted Alexei Pushkov, who heads the international affairs committee in the lower chamber of the Russian parliament, the State Duma, as having said: “By sending the Nimitz nuclear aircraft carrier to Syria’s shores, Obama demonstrates that the military action has been postponed, but not cancelled, and that he is determined to start a war.”
Press communiqués from Russia indicate that President Vladimir Putin’s government in Moscow wants any military action to go through the UN Security Council, but will likely block any resolution to authorise it, citing lack of conclusive evidence that the Syrian government, not the insurgents, was behind the attack.
Moscow will continue to support the Assad government with weapons and humanitarian aid, as it has in the past. The view of Russian analysts is that this is so because Moscow has invested a considerable sum in Assad’s government through loans and financial support.
Der Spiegel has a longish news feature in which it has explained that the USA has stepped back from an immediate response to the alleged use of chemical weapons in Syria on 21 August 2013. But the Obama regime in Washington continues to profess “certainty” that Syrian president Bashar Assad is behind the attack. Der Spiegel’s tone is pro-White House and certainly not objective enough for even a third-rate district newspaper, but this sort of Europedantry is useful for indicating how the autocratic regimes in Berlin, Paris and London are currently thinking.
Russian Foreign Minister Sergey Lavrov has said secrecy by the West is unacceptable with regard to Syria and evidence of the use of chemical weapons there. He added that “what our American, British and French partners have shown us before – as well as now – does not convince us at all. There are no supporting facts, there is only repetitive talk in the vein of ‘we know for sure’. And when we ask for further clarification, we receive the following response: ‘You are aware that this is classified information, therefore we cannot show it to you.’ So there are still no facts.”
An article in Counterpunch has said that “having been released prior to even preliminary reports from UN chemical weapons investigators on the ground in Syria, the (American) document (claiming proof of the Syrian government’s use of chemical weapons on its own population) is as much a work of fiction as it is fact.”
Outside the cosmeticised clutter of the world’s mainstream and corporate media, a number of information channels are citing interviews with doctors, Ghouta residents, rebel fighters in Syria and their families, from which a very different picture emerges. Many believe that certain rebels received chemical weapons via the Saudi intelligence chief, Prince Bandar bin Sultan, and were responsible for carrying out the dealing gas attack.
In a recent article for Business Insider, reporter Geoffrey Ingersoll highlighted Saudi Prince Bandar’s role in the two-and-a-half year Syrian civil war. Many observers believe Bandar, with his close ties to Washington, has been at the very heart of the push for war by the U.S. against Assad. Ingersoll referred to an article in Britain’s Daily Telegraph about secret Russian-Saudi talks alleging that Bandar offered Russian President Vladimir Putin cheap oil in exchange for dumping Assad.
“Prince Bandar pledged to safeguard Russia’s naval base in Syria if the Assad regime is toppled, but he also hinted at Chechen terrorist attacks on Russia’s Winter Olympics in Sochi if there is no accord,” Ingersoll wrote. “Along with Saudi officials, the US allegedly gave the Saudi intelligence chief the thumbs up to conduct these talks with Russia, which comes as no surprise. Bandar is American-educated, both military and collegiate, served as a highly influential Saudi Ambassador to the US, and the CIA totally loves this guy.”
Update: The rush to attack Syria by the Obama administration is being prepared in contempt of international law, democratic processes and in contempt of public opinion in the USA itself. This was made abundantly clear in the presentation US Secretary of State John Kerry delivered from the State Department on Friday, 30 August.
On Saturday, 31 August, Russian President Vladimir Putin dismissed as “utter nonsense” the US claims that the Syrian government forces have used chemical weapons. “The Syrian government troops are on the offensive … So giving a trump card to those who are calling for a military intervention is utter nonsense,” Putin told reporters in Vladivostok.
The so-called US ‘Government Assessment of the Syrian Government’s Use of Chemical Weapons’ contains not one shred of probative evidence. As emphasised by the website of the International Committee of the Fourth International, the document, barely three pages long, includes a series of unsubstantiated assertions that are tailored to the US policy aim of manufacturing a pretext for direct intervention in a US-provoked civil war aimed at toppling the Syrian regime of Bashar al-Assad.
To the question, put to him by Syrian playwright Mohammad Al Attar, which was, “You have a cautious stance on recent Western statements about arming opposition fighters. Why is this?”, Noam Chomsky, interviewed in July 2013, replied: “It is linked to an evaluation of the consequences. Once again, I believe there are much simpler ways that the West can take before making the leap to military aid, some of which I have mentioned above, but which further include providing increased levels of humanitarian aid. If we are serious, we must look at the consequences of such an action. What would be the result on a humanitarian level? My question is practical, not ethical.” More from the Heinrich Böll Stiftung Middle East.
But the views of the reasonable and pacifist many have rarely halted the war charges of the White House. A poll carried out by the American broadcaster NBC has showed that nearly 80% of those polled want approval from the US Congress for military action against Syria. “Nearly 80 percent of Americans believe President Barack Obama should receive congressional approval before using force in Syria, but the nation is divided over the scope of any potential strike,” the NBC report has said.
The raw poll findings, which I have extracted from the document helpfully posted in full by NBC, show the clarity with which the polled public view the recklessness of the Obama administration. In particular see the “no, will not improve the situation” and “no, not in our national interest” responses.
Older post: There is little point now in switching on any of the mainstream television news channels, for the propaganda campaign has shifted into high gear. The last decade has provided enough practice for such a campaign – war and unrest have become orchestrated as spectacles. There has been Iraq, Afghanistan, Libya, Egypt, Somalia and Al Qaeda. Hence the machinery used to package another war for the public has been well used. The official reasons given for the imminent attack on Syria are unsubstantiated and lies that are fashioned crudely into a bloodthirsty collection of pretexts to justify a policy planned well in advance.
Shoved aside are the voices that are calling for the investigations to find evidence of the alleged gas attacks inside Syria, to let dialogue and diplomacy dominate all interactions, to give all sides a hearing and count all views.
The voices are there and this is what they have said and are saying:
On 28 August 2013, with United Nations Secretary-General Ban Ki-moon and other UN officials urging continued cooperation, the UN team investigating alleged use of chemical weapons in Syria visited several locations in the suburbs of Damascus, including impact sites, where it collected additional information and samples. That work must continue, as Syria itself has asked the UN, speaking through its permanent representative to the UN speaking on 28 August 2013 (see this video clip).
On 25 August 2013 the Spokesperson for UN Secretary-General Ban Ki-moon said on 24 and 25 August 2013, the High Representative for Disarmament Affairs, Angela Kane, met with senior officials of the Government of the Syrian Arab Republic. “The purpose of her visit was to seek cooperation of the Government in facilitating an expeditious investigation of the incident in the Ghouta area on 21 August involving the alleged use of chemical weapons,” noted the statement.
The UN Secretary-General instructed the investigating mission which began its on-site fact-finding activities on 26 August 2013, that is, only three days ago. And yet the governments in Washington and London are ferociously claiming there is no need for a UN Security Council resolution on what form of intervention to make in response, and indeed for the investigations to cease so that war can commence immediately.
For the USA and Britain – and their supporters in Germany and France and a few other countries – to threaten to or to militarily strike at Syria is a blatant violation of the United Nations Charter – which has not been mentioned by Barack Obama or David Cameron. The UN Charter requires countries to settle their international disputes peacefully. Article 2(4) makes it illegal for any country to either use force or threaten to use force against another country. Article 2(7) prohibits intervention in an internal or domestic dispute in another country. The only time military force is lawful under the Charter is when the Security Council approves it, or under Article 51, which allows a country to defend itself if attacked. None of the governments now howling for war were attacked.
Writing in The Guardian, Hans Blix reminded us that “In 2003 the US and the UK and an alliance of ‘friendly states’ invaded Iraq without the authorisation of the UN Security Council. “A strong body of world opinion felt that this constituted a violation and an undermining of the UN charter,” wrote Blix. “A quick punitive action in Syria today without UN authorisation would be another precedent, suggesting that great military powers can intervene militarily when they feel politically impelled to do so.” Blix was the head of the UN monitoring, verification and inspection commission from March 2000 to June 2003. In 2002, the commission began searching Iraq for weapons of mass destruction, ultimately finding none.
We can expect that Russia and China, on the UN Security Council, will use their veto to halt an Anglo-American war on Syria. That is why the USA and Britain have been assembling warships in the Mediterranean – were these warships there before the alleged gas attacks in Syria? That is what responsible media should be asking governments in Washington and London.
Nonetheless, there are more reliable news sources to turn to. The Russian news website RT is running a ‘Syria ‘chemical weapons’ crisis live updates’ page. Ria Novosti is also covering the crisis and you will reports such as “Russian President Vladimir Putin and his Iranian counterpart, Hassan Rouhani, have discussed the situation in Syria, condemned the use of chemical weapons, and called for a political settlement”.
And the People’s Republic of China has its global news service, Xinhua, which has reported Syrian President Bashar al-Assad as having said that his country “would defend itself against any foreign aggression, stressing determination to ‘eliminate terrorism’ in the war-weary country”.
The United Progressive Alliance in India, the ruling political coalition at whose centre is the Congress party, has called it “a historic initiative for ensuring food and nutritional security to the people”. By this is meant The National Food Security Bill, which was passed by the Lok Sabha on 26 August 2013.
In recent weeks, criticisms of the provisions of the bill and suggestions for its amendment gathered quickly, from political parties, from state governments, from civil society and NGOs and academics, and from citizens who have followed the twists and turns of the draft legislation since 2010. How many of these have been incorporated into the bill as passed by the Lok Sabha is still unclear, but a government press release stated that ten amendments were approved. I don’t know which ten but these would be small in number compared with the scores of amendments, corrections, modifications and re-draftings suggested by groups and coalitions that have long worked for food security in India and its states.
Sifting through news reports for relevant information, I find that:
(1) The government has said that the word ‘meal’ as used in the approved bill means hot cooked or pre-cooked and heated food and not the packaged food, which was a definition that provoked many when it was spotted in the draft. This is an important amendment as it has an impact on the enormous mid-day meals (for schoolchildren in government schools) and the integrated child development services (ICDS) programmes, which reach tens of millions. The fear was that packaged food would supplant, to the detriment of the children, hot and fresh cooked meals.
(2) As far as I can make out, another approved amendment gives states a year to implement the bill instead of six months. Earlier, under the ordinance (whose passage was roundly condemned), the central government was to determine the number of eligible beneficiaries in each state. Not only was this centrist in nature, it required the process by which beneficiary households were to be identified to be completed within 180 days, even though the guidelines for such identification are yet to be issued by the central government. Moreover, there has been no consultation with the states on this aspect.
(3) There is some reference made to the states determining their approach and measures towards implementing the bill, which will be (or may be) governed by “rules” that are to be drawn up in consultation with the state governments. This is important for, in the text of the Food Security Ordinance the central government reserved the right to introduce cash schemes instead of food in the Rules of the proposed legislation. This had signalled quite clearly its longer-term agenda of dismantling the system of procurement of grain from farmers at notified minimum support prices.
The reportage of the passing of the bill has touched upon a variety of issues and concerns, and here is a selection:
Lok Sabha passes Food Security Bill
Sonia Gandhi’s ambitious food bill gets Lok Sabha nod; UPA gets its ‘game-changer’
The Food Security Bill will cost a lot more than projected
Food security bill: Is it right or fight to food?
Long due, Food Security Bill meets mixed reaction
Food Bill will not raise fiscal deficit: Chidambaram
‘Not against Food Security Bill, but want certain changes’: BJP
Food Security a ‘historic opportunity’ or mere ‘vote security’?
Food security Bill gets Lok Sabha nod as Sonia lauds ‘empowerment revolution’
The government has said that the Bill will cover 75% of the rural population and 50% percent of the urban population in all states, coming to an average of 67% for the total national population. This however will use (we await a full reading of the approved amendments that will clarify this matter) the methodology of the Planning Commission for poverty estimates which is to provide the basis for dividing the population between below and above the poverty line. This is the same methodology and ratios that have been soundly discredited.
The point that has been made forcefully by the Communist Party of India Marxist (CPIM) is that these caps on population compromise utterly the right of state governments to decide criteria as contained in the bill. The caps are set by Planning Commission methods, not by state governments themselves. That is why the guidelines that are to be drafted – via consultation, the central government has said – by the state governments must ensure the maximum inclusion, and not the limited inclusion decided by the Planning Commission.
Moreover, the All India Kisan Sabha at its 33rd All India Conference (24-27 July 2013 in Cuddalore, Tamil Nadu) had in a resolution of food security described the policy canvas against which this food security bill has now been passed:
“India has become more food-insecure over the last decade in terms of all three dimensions of food security: availability, access and absorption. Availability has been undermined by policies reducing productivity growth and making grain cultivation unremunerative. Access has been weakened by jobless growth and massive inflation destroying people’s purchasing power. Absorption has been undermined by the failure to invest in safe drinking water and sanitation. All three consequences are directly traceable to neoliberal policies. Yet, the UPA government hypocritically talks of food security and has promulgated a so-called Food Security Ordinance in an attempt to gain political mileage while flouting all norms of parliamentary democracy.”
Documents for reference:
The National Food Security Bill, 2013
The National Food Security Bill, 2011
The National Food Security Ordinance, 2013
Report of the expert committee on the national food security bill
Lok Sabha Standing Committee report on National Food Security Bill
Food subsidy and its utilisation
NRAA – Challenges of food security
New poverty claims from the government of India are being interpreted as (a) proof that the economic liberalisation is working, (b) that the ruling coalition has begun its preparation for the 2014 general election by claiming the largest percentage reduction of poverty ever, (c) that the ruling coalition by lowering the poverty line (and therefore the number of Indians identified as poor) will slash its social subsidies outlay, (d) that the way India measures poverty is desperately in need of repair, if not altogether in need of renewal.
India’s English-language media (in particular the financial and business press) has either repeated what the Planning Commission has released, or has reported reactions to the latest claim from opposition parties. Here is a selection:
“The proportion of people living below poverty line (BPL) has came down from 37.2 per cent in 2004-05 to 21.9 per cent in 2011-12 — a decline of 15.3 percentage points in a period that roughly coincides with the first eight years of the United Progressive Alliance.”
“The sharp drop was attributed to the high real growth in recent years, which raised the consumption capacity. The number of India’s poor fell to less than a quarter of its population in 2011-12, giving the government a reason to cheer amid the recent raft of disappointing macro economic data.”
“Over the last decade, poverty has witnessed a consistent decline with the levels dropping from 37.2% in 2004-05 to 29.8% in 2009-10. The number of poor is now estimated at 269.3 million, of which 216.5 million reside in rural India.”
“One theory is that this is the outcome of the trickle-down impact of the record growth witnessed in the first decade of the new millennium.”
“The BJP slammed the figures as a ‘political gimmick’ and a ‘conspiracy’ of the Congress to deprive the poor of the benefits of government schemes while CPI(M) said it amounted to ‘adding salt to the wounds of the poor’.”
It was only last year, in 2012 June, that the Planning Commission constituted an ‘expert group’ chaired by a former head of the Reserve Bank of India to “review the methodology for the measurement of poverty”. In the hoary tradition of Indian bureaucratese, this expert group is now “deliberating on this issue” (said the Planning Commission) and is expected to submit its report by the middle of 2014.
What is the main substance of the new claim? The note from the Planning Commission (titled ‘Press Note on Poverty Estimates, 2011-12′ and dated July 2013) has stated that the “percentage of persons below the poverty line in 2011-12 has been estimated as 25.7% in rural areas, 13.7% in urban areas and 21.9% for the country as a whole”. [A spreadsheet with the new statewise rural and urban poverty lines is available here.]
Thereafter the myth of the descending poverty line is outlined: that in 2004-05 the respective poverty ratios for the rural and urban areas were 41.8% and 25.7% and 37.2% for the country; that in 1993-94 the ratios were 50.1% in rural areas, 31.8% in urban areas and 45.3% for the country. And, in triumphant tones, that hence the 407 million Indians below the poverty line in 2004-05 had by 2011-12 dwindled dramatically to 270 million – a reduction of 137 million persons over a short seven years! And that indeed, it is all the more significant that for the last eight years it is the UPA (that is, the Congress) that has ruled India. So flows the polemic.
In the eagerness to find ‘rural’ and ‘urban’ and a ‘national’ poverty line, the tales of the deciles of the NSS surveys, referred to only fleetingly, are of importance (for the 43rd, 50th, 55th, 61st, 66th and 68th rounds, all of which we hope are being studied by the Rangarajan expert group). The deciles in the 68th round tell us that in rural India, the average monthly expenditure per person of Rs 153 on cereals would buy 7.3 kg of rice or 8.5 kg of wheat, and that the Rs 40 spent per person on pulses would buy 0.85 kg of pulses, both monthly measures (outside the fair price shop) being well under (13.8 kg and 1.2 kg respectively) the recommended dietary allowances.
A new draft report by the National Climate Assessment and Development Advisory Committee, which advises the government of the USA, has concluded that the evidence for a changing climate has strengthened considerably since the last such report written in 2009.
It noted that many more impacts of human-caused climate change have now been observed. “Corn producers in Iowa, oyster growers in Washington State, and maple syrup producers in Vermont have observed changes in their local climate that are outside of their experience,” said an introductory ‘letter to the people’ and added, “So, too, have coastal planners from Florida to Maine, water managers in the arid Southwest and parts of the Southeast, and Native Americans on tribal lands across the nation.”
Major media organisations have begun reporting on the enormous study, which will be kept open for public scrutiny and comment for 90 days beginning next week. [The many chapters of the draft report can be found here.]
Reuters headlined its report ‘Impact of climate change hitting home, U.S. report finds’ and said: “”The consequences of climate change are now hitting the United States on several fronts, including health, infrastructure, water supply, agriculture and especially more frequent severe weather, a congressionally mandated study has concluded.”
NBC News titled its report ‘ Massive draft report warns warming is changing life in US’ and said: “Global warming is already changing America from sea to rising sea and is affecting how Americans live, a massive new federally commissioned report says.”
In its report, ‘Climate change set to make America hotter, drier and more disaster-prone’, The Guardian said: “The report, which is not due for adoption until 2014, was produced to guide federal, state and city governments in America in making long-term plans. By the end of the 21st century, climate change is expected to result in increased risk of asthma and other public health emergencies, widespread power blackouts, and mass transit shutdowns, and possibly shortages of food.”
The National Climate Assessment and Development Advisory Committee report placed the problem before its readers in a jargon-free introductory section that will appeal as much for its simplicity as for the effort made to encourage public participation.
“Americans are noticing changes all around them,” this section has said. “Summers are longer and hotter, and periods of extreme heat last longer than any living American has ever experienced. Winters are generally shorter and warmer. Rain comes in heavier downpours, though in many regions there are longer dry spells in between. Hotter and drier weather and earlier snow melt mean that wildfires in the West start earlier in the year, last later into the fall, threaten more homes, cause more evacuations, and burn more acreage. In Alaska, the summer sea ice that once protected the coasts has receded, and fall storms now cause more erosion and damage that is severe enough that some communities are already facing relocation.”
On 14 September, India’s ruling political coalition, the United Progressive Alliance, of which the Congress (the Indian National Congress is its full name) is a dominant member, decided to allow foreign investment into a number of sectors. These include what is called ‘multi-brand retail’ and aviation. This government in taking this decision has ignored and overlooked the views and fears of tens of thousands of small shopkeepers, small traders associations, consumer groups and citizens – representing the will of several millions of households – who have publicly expressed in many fora their opposition to permitting foreign control (or consolidated, large domestic control) of the processes of aggregating and selling food products.
The decision, which has been raucously welcomed by the three major industry associations (CII, Ficci and Assocham) and which has been uncritically hailed by the Indian (English-language) business press, represents the whole gamut of neo-liberal policies which have been pursued by the Congress-led UPA government since coming into office in 2004 (and since 2009, when its current term began).
In their shrill and utterly partisan acclaim of the foreign investment decision, the business and financial press – in particular the newspapers Economic Times, Business Standard, Financial Express and Mint – have further underlined their role as propaganda sheets for the industrial-political class and their global partners in the project to loot India.
There has been a differential impact of the more than 20 years of economic liberalisation on the various classes of Indian society. Inequalities have grown rapidly, and there are some sections who have been more adversely impacted. Some sections of the middle class have benefited, at the cost of rural landless labour and the urban poor. Under this neo-liberal regime a large section of the working class is now in the unorganised and informal sector. Those who are on contract work and other irregular forms of employment constitute the bulk of the urban poor. There is also a large section of self-employed persons in the services sector who eke out a subsistence living.
In India, there are substantial classes and sections of society most affected by the policies of liberalisation and the intensified exploitation in the countryside. Landlords, big farmers who are politically well-connected, contractors, moneylenders and regional politicians (those in state assemblies) constitute the rural rich and have intensified the exploitation of the peasantry, agricultural workers and the rural poor. It is this tendency that has deepened India’s agrarian distress, contributed to the food and agricultural crisis – and it is in these chronic circumstances that this Congress-led government has allowed the inflow of foreign investment into food retail, fully aware of all the consequences that decision will heap onto the struggling rural and urban poor.
To illustrate some of these, the Communist Party of India (Marxist) in its Political Review Report in early 2012 had commented: “The issue of land acquisition has acquired a new dimension after the onset of the neo-liberal regime. As part of the capturing of natural resources the corporates and the real estate companies are out to grab land cheaply with the aid of the State apparatus. The peasantry, particularly the small peasantry sees this as a serious threat to its livelihood and especially when corporates and real estate speculators are going to make huge profits out of such lands.”
Can there be an alternative? As far as economic policies are concerned, most of the regional parties adhere to the policies of liberalisation. These regional parties represent mainly the interests of the politically astute and opportunist rural rich, the district bourgeosie who see themselves as brokers of every description to fit ‘reform’ decisions of every prescription. That is why most regional parties take no stand against the ‘liberalisation’ (or ‘reform’, to use the notorious International Monetary Fund-World Bank term) policies which have benefited regional rich too.
The very logic of neo-liberal reforms leads to and perpetuates the rapid growth of a labour force that is increasingly relegated to what is called the unorganised sector. The conversion of regular employment into casual and contractual labour, apart from generating higher profits, is part of the programme to ensure that working class unity remains divided. Larger and larger numbers – from the affected districts, such as the 320 drought-affected districts of 2012 – are joining the ranks of casual, temporary and self-employed workers, with few rights, uncertain wages, in the face of galloping food inflation, with no collective representation or honest political representation. These are the circumstances so ruthlessly exploited by India’s current government to usher predatory forces into our agriculture and food sector.
Hundreds of websites have gone dark to protest proposed legislation in the USA called the PROTECT IP Act (PIPA) and the Stop Online Piracy Act (SOPA). These proposed laws would place websites in legal jeopardy if they linked to a site anywhere online that had any links to copyright infringement.
This would unmake the Web, just as proposed in the Stop Online Piracy Act (SOPA), and are a dangerous attempt to choke free speech, are a precursor to throttling the exchange of ideas and information which rely on the web. If you don’t want such legislation in the USA, visit AmericanCensorship.org for instructions. The Electronic Frontier Foundation has more information on this and other issues central to your freedom online.
There has been no progress in the disucssions between the government in India and the leaders of the massive movement against corruption, led by Anna Hazare, who is still on a protest fast in New Delhi [see earlier post on the movement]. A meeting of all the political parties was held on the issue of the Lokpal, an institution proposed to redress public grievances on corruption and abuse of public office. An excellent summary of the matters before the citizens of India, and the best choices available to achieve probity and equity has been provided by the Communist Party of India (Marxist), in its note placed before the participants of the meeting of all political parties. Titled ‘Lokpal: For An Effective Anti-Corruption Body’, here is the full text of the note:
Corruption has become a major public concern in the wake of successive scams unfolding over the past few years. In a country like India, where millions of people still suffer from acute poverty, hunger and lack of socio-economic opportunities, the pillage of public resources through corruption amounts to a crime of a very serious nature. Besides impeding economic development, accumulation of ill gotten wealth through corruption is widening the inequalities and ruining the moral fabric of our society.
The recent exposures in the 2G spectrum allocation case, CWG scam etc. have shown how thousands of crores worth of public resources have been illicitly cornered by a section of corporates, bureaucrats and ministers. What is worse, tainted ministers have been allowed to remain in office for months and the investigations manipulated, in order to obstruct the course of justice. While corruption in high places has been a feature of our political system for many decades, what has emerged as a dominant trend in the post-liberalization period is a thorough distortion of the policy-making process at the highest levels of the government. A nexus of big corporates, politicians and bureaucrats have matured under the neoliberal regime and is threatening to subvert our democracy. It is clear that the current economic regime has made our system more vulnerable to cronyism and criminality.
The battle against corruption, in order to be effective today, can be achieved only through a comprehensive reform of our political, legal, administrative and judicial systems and not through one-off or piece-meal measures. The establishment of an effective Lokpal institution is one such measure. This needs to be complemented by other measures. There has to be a grievance redressal set-up for citizens, based on a legislation. There has to be a National Judicial Commission to oversee the higher judiciary; there has to be electoral reforms to check the use of money power in elections which is another source of corruption. Urgent steps also need to be undertaken to reform our tax system to plug loopholes and unearth black money, much of which is stashed in offshore bank accounts and tax havens. Firm steps need to be taken to break the big business-politician-bureaucrat nexus. Only a comprehensive systemic reform can effectively curb corruption.
The institution of Ombudsman, which exists in many countries across the world, has provided avenues to redress public grievances on corruption and abuse of public office. However, the fact that the Lokpal Bill could not be passed in the Indian parliament in four decades exposes the lack of political will to fight corruption. Several governments in the past have taken it up only to shelve it later under various pretexts. The present government has also been compelled to initiate discussion on this bill because of public outcry over successive corruption scandals. It is imperative that a Lokpal Bill which deals with corruption in high places is tabled in the forthcoming session of parliament.
In the wake of the on-going debate on what should be the scope and role of the Lokpal, the Communist Party of India (Marxist) wishes to set out its stand on the main issues concerning the constitution of a Lokpal.
1. Definition of Corruption
Corruption involves a whole range of activities from bribery, influence peddling, patronage or favour, nepotism, cronyism, electoral fraud, embezzlement, kickbacks to officials and involvement in organized crime. The Prevention of Corruption Act, 1988 has defined the offences that constitute a corrupt act. This definition requires to be widened. The linkage between misuse of public power for private gain or enrichment is a highly restrictive understanding of corruption. In many cases, power is misused to benefit an entity like a private company which is not a ‘person’ as required under the PCA 1988. Often, there may be no traceable kickbacks or embezzlement but there may be a huge loss to the public exchequer and breach of public trust for example through sale of PSUs due to a willful misuse of power. The definition of corruption has to be widened to include “willfully giving any undue benefit to any person or entity or obtaining any undue benefit from any public servant in violation of laws or rules”.
2. Clarity on Functions
The Lokpal should essentially be a fact-finding body that receives complaints, enquires, investigates and forward cases to Special Courts where prima facie there is a case of corruption for prosecution and punishment in a time bound manner. It should have powers to recommend an enquiry and investigation suo moto. It should oversee the entire machinery related to corruption cases at the Central level. Finally, it should have the powers to recommend executive action and to approach Courts when these are not accepted. The Lokpal should be entrusted with quasi-judicial powers and autonomy to fulfill these functions in an independent, accountable, transparent and time-bound manner. The separation of powers between legislature, executive and judiciary is a part of the basic structure of the Constitution. The institution of Lokpal should conform to this basic structure. An issue to be considered regarding the functions of a Lokpal is whether it will deal with corruption or will it also perform functions of grievance redressal. The CPI(M) favours separation of these functions. There must be a separate mechanism for grievance redressal. This should be set up by a separate legislation. The grievances of citizens about the citizens charter etc should be brought under this set up.
3. Selection & Composition of Lokpal
The Lokpal Act should lay down an objective and transparent criteria such as competence, experience, qualification etc for the selection of candidates for appointment to the Lokpal. The selection committee should be broad-based consisting of members of the executive, leaders of parliament, members of the higher judiciary, jurists and academicians. The search committee constituted by the selection committee should also be broad-based. Composition: Apart from the chairperson, there should be 10 members in the Lokpal. Out of these four shall be judicial members, three can be persons with administrative and civil service backgrounds and the other three should be drawn from fields such as law, academics and social service. There should be no member drawn from commerce and industries just as there can be no politician.
While corruption in high places has to be tackled on a priority basis, for the ordinary citizen, it is the corruption faced by them in daily life and in dealings with public authorities that also needs to be urgently taken up. Much of this sphere of corruption falls in dealings with authorities at the states-level. The Lok Ayuktas set up on the lines of the Lokpal should bring all state government employees, local bodies and the state corporations under their purview. Further, a citizen’s grievances redressal machinery that we have proposed be set up separately, should address all grievances regarding delivery of basic services and entitlements for citizens.
a) Prime Minister: The Prime Minister should be brought under the purview of the Lokpal with adequate safeguards. The office of Prime Minister along with all public servants was brought under the purview of Lokpal by the V.P. Singh Government in 1989 and in all subsequent draft legislations, the Prime Minister has been placed under the Lokpal. In fact a Parliamentary Standing Committee headed by Shri Pranab Mukherjee had made precisely this point while examining the 2001 Lokpal Bill. For the first time since 1989, this government presiding over a large number of scams, is unwilling to ensure accountability of the highest executive office. Clearly, all public servants of the Union Government within the definition in the Prevention of Corruption Act, which includes the Prime Minister, must fall within the purview of the Lokpal.
b) Judiciary: The judiciary too needs to be brought under scrutiny and made more accountable, and the stringent requirement of prior permission and sanction from the Chief Justice to file FIRs and investigate corruption charges has resulted in a de facto immunity to them. But the proposals to bring them under Lokpal encroach upon the constitutionally guaranteed independence of the Supreme Court. If a mere allegation of mala fide is enough for the Lokpal to start an inquiry into the actions of judges, it may not allow judges to act without fear.
Complaints about corruption against the judges of the Supreme Court and the High Courts should be handled by a separate body, the National Judicial Commission. This Commission should take care of the appointments in the higher judiciary and oversee their conduct and enquire into the complaints of corruption. For this, necessary legislation will have to be passed. The Judicial Standards and Accountability Bill, 2010 is woefully inadequate for this purpose.
c) Members of Parliament: At present, the scrutiny of the conduct of Members of Parliament with regard to any corrupt practice is weak and unsatisfactory. For Members of Parliament, Article 105 of the Constitution provides protection with regard to freedom of speech and voting. The real issue is how to ensure that this freedom and protection does not extend to acts of corruption by Members of Parliament. This can be done through an amendment to Article 105, on the lines recommended by the National Commission to Review the Working of the Constitution. Alternatively, if feasible, there can be legislation that if any Member of Parliament indulges in any act of corruption that motivates his or her action in Parliament (voting, speaking etc.), then this act falls within the purview of the Prevention of Corruption Act and the IPC.
5. Lok Ayuktas
In the states, Lok Ayuktas should be set up on the model of the Central Lokpal.
6. Protection of Whistleblowers
Whistleblowers must be protected in order to combat corruption. Monitoring and ensuring protection of whistleblowers can be a part of the mandate of Lokpal, but this needs a comprehensive statutory backing. The provisions of the Public Interest Disclosure (Protection of Information) Bill, 2010 needs to be strengthened and the bill enacted expeditiously.
7. Big Business-Public Servant Nexus
It is necessary to recognise that an important source of corruption since liberalisation stems from the corrupt nexus between big business and public servants. It is necessary for the Lokpal to have investigations in cases which involve business entities to recommend cancellation of licences, contracts, lease or agreements if it was obtained by corrupt means. The Lokpal should also have the power to recommend blacklisting companies from getting government contracts and licences. Similarly, if the beneficiary of an offence is a business entity, the Lokpal should have the power to recommend concrete steps to recover the loss caused to the public exchequer. The government should normally accept these recommendations and act upon it.
The CPI(M) holds that along with a law for setting up an independent Lokpal, simultaneous measures to strengthen the legal and administrative framework
against corruption are required. These include:
(1) Setting up of a National Judicial Commission to bring the conduct of judiciary under its purview
(2) Law to protect citizens charter for redressal of public grievances
(3) Amendment of Article 105 of the Constitution to bring MPs under anti-corruption scrutiny
(4) Electoral reforms to check money power in elections
(5) Setting up of Lok Ayuktas in the states to cover all public servants at the state-level
(6) Steps to unearth black money and confiscate the funds illegally stashed away in tax havens.