Wednesday, April 13, 2011

Lokayukta for Goa: Guest Post by Bhagyesh Hede



(The initial success of Anna Hazare’s fight against graft has reinvigorated the debate for an Ombudsman policy. While the media focuses on big-ticket corruption in states like Karnataka, Tamil Nadu and Maharashtra, little attention is paid to lesser known corruption havens like Goa. I am delighted to publish a guest post by my learned friend Bhagyesh Hede, who argues for founding the institution of a Lokayukta for Goa.)

Goa is one of those corrupt states that wants to continue its reign of corruption. The Goa government has  stayed away from great administrative laws. Thus, while many states in India have made provisions for a Lok Ayukta, Goa is neatly left itself out.  I propose that the institution of the Lok Ayukta be set up in Goa, with the following considerations:

1) Having the CM in its ambit along with the MLAs and ministers and also each public  body including the Panchayats and municipalities.
2) Having Lok Ayukta with a constitutionally independent mandate of operation supported by an independent Lok Ayukta police. The police should be beyond the jurisdiction of the home minister's executive powers.
3) Having a penal code that has a maximum sentencing of corrupt to 35 years. With multiple counts of crimes having sentences not running in parallel but sequentially. So we must have sentences running 90-100 years in case there are people caught in 3 counts of corruption. Remember, corruption is the greatest crime in this country, worse than rape. It is the rape of the motherland. It needs the greatest punishment.

4) Constituting Lok Ayukta with an annual monetary allocation of 5% of the state yearly budgeted expenditure. This is easily possible as the current going rate of ministers bribe is 10% of the tender value. So we are actually saving 5% for the State government.
5) Having Lokayukta coming fully under RTI. And also having its own penal code applying upon itself.

The next big political revolution is not about giving unfulfilled hopes to people, but taking away the rogue privileges of our political class. Some of the issues that need urgent thought is putting the floor of the house in the purview of the law of the land, codifying in words how the house of parliament and assembly is run, adding a conflict of interest clause for the politicians and finally a stronger whistle blower act to protect citizens who bring out the truth to public. Breaking the nexus between capitalist society and politicians needs to be urgently addressed. A nexus so deep that gives rise to hospital buildings  without doctors, 3-4 lakhs or rupees to buy microscopes no one knows to use. Where people are slaves to capital and not vice versa.

So my request to each of my fellow goans is to take your shot at how you will structurally strengthen the Goan polity. Not by personally coming to power, but by creating unblemished and august institutions that operate such that no matter whomsoever comes to power, will render the greatest service to the nation. Its only he/she who achieves this will ever be remembered until immortally.

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