ACAUT pushes for strong anti-corruption watchdog

Govt bill on Lokayukta appear insufficient and outdated to fight corruption

Naga Republic News

Clearly unhappy with the proposed Nagaland Lokayukta Bill, 2015 put up by the government, which appears not only insufficient to fight corruption but outdated and redundant, the Against Corruption and Unabated Taxation (ACAUT) has come out with a counter proposal called the Nagaland Lokayukta Bill, 2017.

Stating upfront that the objective of the proposed anti-corruption Lokayukta Bill for Nagaland should be ‘zero tolerance against corruption’, the ACAUT has pushed for a much stronger and powerful Lokayukta (anti-corruption body) to be put in place. On the other hand the bill proposed by the present government lacks any purpose and by the look of the bill it appears not too keen to be held accountable to an independent institution such as the Lokayukta.

It may be mentioned that the ACAUT during a massive anti-corruption rally on August 25, 2017 had resolved to demand from the State Government the summoning of a special session of the Nagaland Legislative Assembly (NLA) to pass the LOKAYUKTA bill 2017.

In response the State government had invited representatives from ACAUT for consultation in an effort to take their suggestions while framing the bill. In a statement, ACAUT informed that during its meeting with the Standing Committee of Nagaland Legislative Assembly on September 26 this year, ACAUT Nagaland had rejected the government’s draft proposal on Lokayukta.

The Standing Committee had then suggested that ACAUT submit its own draft proposal and next meeting was agreed upon. However, ACAUT has now condemned the “cowardice” of the Standing Committee in refusing to meet its team that had already submitted its draft proposal on October 2. ACAUT said the intention of the government was clear that it did not want the Lokayukta to see the light of day.

The one silver-lining in the government bill is that the office of the Chief Minister has been brought within the ambit of the Lokayukta. Nevertheless, the State government appears to be hesitant to put in place a strong Lokayukata Bill as can be seen from the copy of the Nagaland Lokayukta Bill, 2015.

The proposal in the government’s bill for instance does not provide the Lokayukta with a dedicated investigation and prosecution wing. In contrast, the ACAUT version of the bill, in the possession of The Naga Republic, is more elaborate in defining the manpower and resources needed to help the Lokayukta.

The government’s bill on the other hand provides only that the “State government in consultation with Lokayukta shall provide for the adequate number and categories of staff of the investigating agency to assist the Lokayukta and Upa-Lokayukta in the discharge of their functions under this Act”.

The ACAUT version of the bill provides for a dedicated Investigation and Prosecution Wing. A Director of Investigation not below the rank of an Additional DGP to Govt of Nagaland and a Director of Prosecution not below the rank of the Secretary to the Govt of Nagaland has been proposed. The Investigation Wing headed by the Director of Investigation will conduct preliminary investigation into any offence alleged to have been committed by a public servant punishable under the Prevention of Corruption Act, 1988.

On the other hand, the Director of Prosecution shall, after having been so directed by the Lokayukta, will file a case in accordance with the findings of investigation report, before the Special Court and take all necessary steps in respect of the prosecution of public servants in relation to any offence punishable under the Prevention of Corruption Act, 1988.

The ACAUT version of the bill gives great emphasis on filing charges, investigation and prosecution with provision for setting up Special Courts and ensuring completion of each trial within a period of one year from the date of filing of the case in the Court. In certain cases the Lokayukta will have powers of a civil court under the Code of Civil Procedure, 1908.

Power of Lokayukta to grant sanction for initiating the filing of charge-sheet and prosecution has also been provided for in the ACAUT bill. Power of Lokayukta to recommend transfer or suspension of public servant connected with allegation of corruption is also in the bill provision.

In sharp contrast the government bill lacks the substance and teeth required to make the Lokayukta a strong tool against corruption. The provisions put forward by the government appears sketchy, ambiguous, without purpose and direction and above all distrustful and cautious in its approach to dealing with the problem of corruption.

The other impression that comes out strongly is the prominence that is given to the Chief Minister with attempts made to empower the political office and curtailing the power and position of the Lokayukta to that of recommending and advisory role.

For instance, in the government bill, the competent authority in relation to a Secretary of the government is the Chief Minister. In such a scenario it is obvious that the office of the CM would continue to enjoy power over the bureaucracy. However the ACAUT version of the bill has stated that the competent authority to deal with a Secretary is the Chief Secretary.

On the matter of appointment of Lokayukta and Upa- Lokayukta, the ACAUT bill has gone one step further by providing that either the Leader of the Opposition in the Legislative Assembly or the leader of the largest opposition party will be part of the Selection Committee along with the CM, Speaker and Chief Justice.

It may be mentioned that currently the Lokpal at the Centre has not yet been appointed because of the absence of a leader of opposition. As the present Lok Sabha does not have a leader of the opposition, the government moved an amendment allowing the leader of the largest opposition party to be part of the panel. Amendments to the definition of the leader of opposition in the Lokpal act are pending with Parliament and therefore the delay.

The ACAUT bill has done well to incorporate the changes on the appointment process. It’s disappointing that the government version of the Lokayukta Bill did not find it significant to make this change, perhaps an indication of its attempt to make the Lokayukta a non-starter.

In a departure from the government bill the ACAUT has also put forward its proposal that in the appointment of the Lokayukta during the first tenure, the State Government shall institute a search Committee comprising of the Chief Secretary, Secretary (Law and Justice) and the Chairman of ACAUT Nagaland to suggest a panel of names of selection.

Meanwhile the ACAUT version of the Lokayukta Bill makes the attempt to enlarge the corruption net by bringing the NGO sector into its fold. This will include society, association or trust wholly or partly financed by the State Government and also those receiving donation from any foreign source under the Foreign Contribution (Regulation) Act, 2010 in excess of ten lakh rupees in a year. Another novelty in the ACAUT bill is bringing the Village Development Board Secretaries (VDBs) of the Villages under the corruption net.

Even in the Centre, the government brought FCRA-licensed organisations under the scrutiny of the Lokpal Act. TheLokpal law will now apply to any registered society, trust or non-profit organisation receiving annual government grants of Rs 1 crore or more, or receiving foreign funds worth Rs 10 lakh or more. Those running these NGOs will also have to declare their assets in public, according to the new law.

The ACAUT bill has included all the new provisions brought into the Lokpal Act. The government bill on the other hand appears not only insufficient to fight corruption but outdated and redundant.

As a policy of zero tolerance against corruption, the ACAUT Bill seeks to establish a more effective mechanism to receive complaints relating to allegations of corruption against public functionaries including Chief Minister, Ministers, Members of Legislative Assembly and public servants and to inquire the allegations against them and take follow up actions.

Read full text of ACAUT’s recommendation for Lokayukta Bill