New Delhi, December 4, 2001
India today got a major boost in its defence development programme with the USA announcing its approval for seven equipment export licences which would meet India’s immediate military requirements, including vital components for the light combat aircraft (LCA) and weapon locating radars.
Seven applications for export licence have been approved by the US Departments of State and Defence three years after sanctions were imposed in the wake of the nuclear tests carried out by India. The US Departments of State and Defence are in the process of notifying them to the American Congress, Defence Secretary Yogendra Narain and U.S. Under Secretary of Defence for Policy Douglas Feith told reporters here after concluding the two-day meeting of the Defence Policy Group of the two countries.
It was the first meeting after the 1998 nuclear tests. The next meeting will take place in May, 2002.
The prestigious LCA programme had particularly been affected by the sanctions imposed by the USA following the Pokhran-II nuclear tests in 1998.
The USA also agreed to expeditiously review India’s acquisition priorities, including engines and systems for the LCA, multi-mission maritime aircraft, components for the jet trainer and high performance jet engines.
To assist licensing and sales process in future, the two sides agreed to establish a security cooperation group to manage the defence supply relations between India and the USA. This group will meet in February-March next year.
Mr Feith and Mr Narain said the two countries also discussed the issue of supply of dual technology items which could be used for nuclear weapons and missiles. India has got an assurance from the USA that it would look into the issue.
A joint statement issued after the DPG meeting, said the Joint Technical Group under the DPG, dealing with issues relating to sale of weapons, would meet in February-March next year to discuss the promotion of bilateral ties in the field of defence production and research.
The two sides agreed that the Executive Steering Group of the three services would meet before the end of February next to plan and review military-to-military cooperation and oversee implementation of the visits, exercises and training programmes.
Mr Feith said India had been invited to attend certain exercises under the US National Missile Defence programme. This invitation had been extended only to some “friendly countries”. India would also participate in the NMD “briefings”.
Mr Narain, who led the Indian side at the third meeting of the Indo-US Defence Policy Group, said New Delhi also sought some defence equipment, including unmanned aerial vehicles (UAVs) and night vision equipment for countering terrorism.
“We need this equipment to effectively fight terrorism...It is appropriate to have these weapons...” Mr Feith, who had a 45-minute meeting with Defence Minister George Fernandes this morning, said relations in the defence field were set to prosper in future, and added that strategic relations between the two countries was an important element in promoting peace and stability in the region.
At the two-day meeting, India and the USA exchanged views on the global campaign against international terrorism. Noting that both India and the USA had been targets of terrorism, the two sides agreed to add a new emphasis in their defence cooperation on counter-terrorism initiatives, including expanding mutual support in this area.
Saturday, February 6, 2010
Deep hits maiden Test 100
Chandigarh, December 4, 2001
The first century in Test cricket is always a memorable landmark for any cricketer. And this afternoon when India’s stop-gap opener Deep Dasgupta reached the magical figure of 100 in the first Test against England at the PCA Stadium in SAS Nagar, he had more than proved a point not only to his teammates but also to the national selectors.
It is hoped that with this century this Bengal cricketer must have solved the problem of who will partner Shiv Sunder Das. The gutsy Deep had opened the India innings with a fair amount of success in South Africa. His 63 at the Port Elizabeth Test, when he was pushed into the firing line when no other batsman was willing to shoulder the responsibility, had already given glimpses of what he was capable of. When Deep was included in the national squad for the South Africa tour even the members of the selection committee were not very clear about his capabilities. But today’s showing has not only helped him to prove a point but has also helped his mentors to settle a score or two. What he has to do now is to polish up his keeping a little. Deep has a long international career in front of him and things can only get better for Indian cricket with 24-year-old boy filling a very vital slot.
The fact remains that Deep Dasgupta was playing in the Indian team even in this Test as wicketkeeper. The decision to send him in along with Shiv Sunder Das to open the India innings was taken when the designated opener, Sanjay Bungar, pulled a hamstring muscle while fielding. And Deep grabbed the opportunity with both hands.
Not unwilling to get right behind the ball, Deep has the right temperament to open. And opening is a task that Deep is acquainted with. He started his Ranji Trophy career with Bengal as opener. It is only in the last couple of seasons that he has been batting at No 6.
With this century Deep has joined the select group of Indian wicketkeepers who have scored centuries while opening for the country. The list includes Buddi Kundaran, Farooq Engineer and Nayan Mongia, who scored 152 against Australia at the Ferozeshah Kotla in Delhi in October, 1996.
India’s progress, however, at the PCA Stadium, especially in the first two sessions of play today, was extremely slow and at times the batsmen got bogged down for no apparent reason. The England bowling was mediocre, and at times even pedestrian, but still the batsmen were not willing to go for their strokes. And to make things difficult for the Indians England skipper Nasser Hussain packed his off-side with eight players and then asked his bowlers to bowl way outside the off stump thereby preventing the Indians from scoring. But then the initiative should have been seized by the hosts because after all it is they who have to prove a point after the disaster in South Africa.
England must be happy that they were able to restrict India to 262 for three, just 24 runs ahead, when stumps were drawn for the day. It was only in the third session of play that runs came much more freely, when Sachin Tendulkar joined Rahul Dravid after the dismissal of Deep, out for an exact 100 (338 minutes, 254 balls, 15 fours). While it is understandable that Deep, playing in his first Test in the country and the third of his life, was not willing to chance his arm after having sensed that this was one attack from which he could get his maiden Test century the onus was on Rahul Dravid to grab the advantage for India.
But for no apparent reason Dravid too went into a shell giving the England bowlers a feeling that they were more competent than they actually were. With a Test average of about 50 and being the senior partner Rahul should have grabbed the advantage as India crawled, specially in the second session of play when only 71 runs came in 29 overs. The crawl came as a big disappointment to the fair crowd which had gathered at the stadium today. It was only in the last hour of play when Sachin and Rahul were together that India got some quick runs — 112 runs being added in the third session of play.
The fact that the England bowlers were not menacing was proved by night watchman Anil Kumble who this morning hung around for 103 minutes before he was out after scoring 37 (86 balls six fours). The long stay of Anil Kumble gave enough indication that the England bowlers were pedestrian.
With skipper Saurav Ganguly and V.V. S. Laxman yet to come and Sachin Tendulkar (31 not out in 76 minutes, 53 balls five fours) and Rahul Dravid (78 not out in 266 minutes, 193 balls and nine fours) at the crease England have a tough task on hand when the game resumes tomorrow. There might be something in the PCA Stadium strip even on the third day’s play but England do not have the kind of bolwers needed to grab the advantage.
The first century in Test cricket is always a memorable landmark for any cricketer. And this afternoon when India’s stop-gap opener Deep Dasgupta reached the magical figure of 100 in the first Test against England at the PCA Stadium in SAS Nagar, he had more than proved a point not only to his teammates but also to the national selectors.
It is hoped that with this century this Bengal cricketer must have solved the problem of who will partner Shiv Sunder Das. The gutsy Deep had opened the India innings with a fair amount of success in South Africa. His 63 at the Port Elizabeth Test, when he was pushed into the firing line when no other batsman was willing to shoulder the responsibility, had already given glimpses of what he was capable of. When Deep was included in the national squad for the South Africa tour even the members of the selection committee were not very clear about his capabilities. But today’s showing has not only helped him to prove a point but has also helped his mentors to settle a score or two. What he has to do now is to polish up his keeping a little. Deep has a long international career in front of him and things can only get better for Indian cricket with 24-year-old boy filling a very vital slot.
The fact remains that Deep Dasgupta was playing in the Indian team even in this Test as wicketkeeper. The decision to send him in along with Shiv Sunder Das to open the India innings was taken when the designated opener, Sanjay Bungar, pulled a hamstring muscle while fielding. And Deep grabbed the opportunity with both hands.
Not unwilling to get right behind the ball, Deep has the right temperament to open. And opening is a task that Deep is acquainted with. He started his Ranji Trophy career with Bengal as opener. It is only in the last couple of seasons that he has been batting at No 6.
With this century Deep has joined the select group of Indian wicketkeepers who have scored centuries while opening for the country. The list includes Buddi Kundaran, Farooq Engineer and Nayan Mongia, who scored 152 against Australia at the Ferozeshah Kotla in Delhi in October, 1996.
India’s progress, however, at the PCA Stadium, especially in the first two sessions of play today, was extremely slow and at times the batsmen got bogged down for no apparent reason. The England bowling was mediocre, and at times even pedestrian, but still the batsmen were not willing to go for their strokes. And to make things difficult for the Indians England skipper Nasser Hussain packed his off-side with eight players and then asked his bowlers to bowl way outside the off stump thereby preventing the Indians from scoring. But then the initiative should have been seized by the hosts because after all it is they who have to prove a point after the disaster in South Africa.
England must be happy that they were able to restrict India to 262 for three, just 24 runs ahead, when stumps were drawn for the day. It was only in the third session of play that runs came much more freely, when Sachin Tendulkar joined Rahul Dravid after the dismissal of Deep, out for an exact 100 (338 minutes, 254 balls, 15 fours). While it is understandable that Deep, playing in his first Test in the country and the third of his life, was not willing to chance his arm after having sensed that this was one attack from which he could get his maiden Test century the onus was on Rahul Dravid to grab the advantage for India.
But for no apparent reason Dravid too went into a shell giving the England bowlers a feeling that they were more competent than they actually were. With a Test average of about 50 and being the senior partner Rahul should have grabbed the advantage as India crawled, specially in the second session of play when only 71 runs came in 29 overs. The crawl came as a big disappointment to the fair crowd which had gathered at the stadium today. It was only in the last hour of play when Sachin and Rahul were together that India got some quick runs — 112 runs being added in the third session of play.
The fact that the England bowlers were not menacing was proved by night watchman Anil Kumble who this morning hung around for 103 minutes before he was out after scoring 37 (86 balls six fours). The long stay of Anil Kumble gave enough indication that the England bowlers were pedestrian.
With skipper Saurav Ganguly and V.V. S. Laxman yet to come and Sachin Tendulkar (31 not out in 76 minutes, 53 balls five fours) and Rahul Dravid (78 not out in 266 minutes, 193 balls and nine fours) at the crease England have a tough task on hand when the game resumes tomorrow. There might be something in the PCA Stadium strip even on the third day’s play but England do not have the kind of bolwers needed to grab the advantage.
Israel pounds West Bank, Gaza
Jerusalem, December 4, 2001
Declaring the Palestinian Authority as a “terrorist supporting entity”, Israel today launched second wave of strikes in as many days with its helicopter gunships pounding Palestinian targets in West Bank and Gaza, including Yasser Arafat’s headquarters, in Ramallah but he escaped unhurt.
At least two persons were killed and some 120 injured, 60 of them students, in the strikes on eight Palestinian security buildings.
The Israeli army in a statement said warplanes and combat helicopters fired missiles at the headquarters of Arafat’s Force-17 Residential Guards in the Gaza Strip and its training camps in Gaza City.
The strikes came hours after the Israeli Cabinet called Mr Arafat’s Palestinian Authority a “terrorist supporting entity” that must be dealt with.
Reacting angrily to the attacks, Mr Arafat accused Israeli Prime Minister Ariel Sharon of trying to sabotage his efforts to deal with terrorism by launching the air strikes on Palestinian targets.
The Israeli Cabinet meeting which lasted for six hours this morning branded the Palestinian Authority as a “terrorist-supporting entity”. However, the Cabinet decision has caused fissures in Ariel Sharon’s coalition government. Israeli Foreign Minister Shimon Peres is reportedly considering whether his Labour’s Party should continue in the government. Mr Peres criticised the Cabinet decision saying it had in effect decided to destroy the Palestinian Authority. AFP, PTI
Declaring the Palestinian Authority as a “terrorist supporting entity”, Israel today launched second wave of strikes in as many days with its helicopter gunships pounding Palestinian targets in West Bank and Gaza, including Yasser Arafat’s headquarters, in Ramallah but he escaped unhurt.
At least two persons were killed and some 120 injured, 60 of them students, in the strikes on eight Palestinian security buildings.
The Israeli army in a statement said warplanes and combat helicopters fired missiles at the headquarters of Arafat’s Force-17 Residential Guards in the Gaza Strip and its training camps in Gaza City.
The strikes came hours after the Israeli Cabinet called Mr Arafat’s Palestinian Authority a “terrorist supporting entity” that must be dealt with.
Reacting angrily to the attacks, Mr Arafat accused Israeli Prime Minister Ariel Sharon of trying to sabotage his efforts to deal with terrorism by launching the air strikes on Palestinian targets.
The Israeli Cabinet meeting which lasted for six hours this morning branded the Palestinian Authority as a “terrorist-supporting entity”. However, the Cabinet decision has caused fissures in Ariel Sharon’s coalition government. Israeli Foreign Minister Shimon Peres is reportedly considering whether his Labour’s Party should continue in the government. Mr Peres criticised the Cabinet decision saying it had in effect decided to destroy the Palestinian Authority. AFP, PTI
High Court acquits Jaya
Poised to return as Chief Minister
Chennai, December 4, 2001
The AIADMK chief, Ms J. Jayalalithaa, was all set to stage a spectacular comeback as Chief Minister of Tamil Nadu, following a Madras High Court verdict in her favour today in her appeals against convictions on charges of corruption by a Special Court in the Tansi deal and Pleasant Stay hotel cases last year.
Justice N. Dinakar delivered the much awaited decision this morning, allowing all the appeals of Ms Jayalalithaa and several other co-accused, including her close associate, Ms Sasikala.
An obviously delighted Ms Jayalalithaa would not indicate if she would stake her claim immediately to return as Chief Minister or wait till she won a by-election to the State Assembly. “I will take the right decision at the appropriate time, rather, an appropriate decision at the right time,” she said, adding there was no legal hurdle to her becoming the Chief Minister. The AIADMK leader said she would contest when elections were held.
Ms Jayalalithaa said she had all along maintained that false cases had been foisted on her (by the Karunanidhi government) and the High Court verdict had vindicated her stand.
AIADMK workers greeted the acquittal of their leader with the burst of crackers and distribution of sweets.
For the DMK chief, Mr Karunanidhi, Ms Jayalalithaa’s acquittal was a bitter pill indeed, but he put on a brave face by saying that “we do respect the High Court judgement”. He, however, added that “it will take a long time to get justice.” He did not elaborate. Mr Karunanidhi said it would be for DMK legal experts to consider if an appeal to the Supreme Court should be filed.
Ms Jayalalithaa’s foe-turned-friend-turned foe, Dr Subramanian Swamy, who was the original complainant in the Tansi Deal cases, has already announced that he will file an appeal in the Supreme Court against the acquittal. But Rajya Sabha member and editor of the Tamil magazine “Tughlak” Cho Ramaswamy doubted if Dr Swamy was entitled to file an appeal. T
he Chief Minister, Mr O. Paneerselvam, whom Ms Jayalalithaa had chosen to head the state government when she resigned on September 11 following a Supreme Court decision setting aside her appointment in May this year by the then Governor Fathima Beevi, told reporters that justice had ultimately triumphed and the people’s verdict had been vindicated. He was sure “Amma” would return as Chief Minister. Mr Paneerselvam had never been comfortable in his seat as Chief Minister, and he could not be blamed since it was obvious to everyone that Ms Jayalalithaa was the backseat driver with a remote control over the affairs of the state.
Political observers were speculating if Ms Jayalalithaa would wait until she contests and wins the Andipatti Assembly seat the two Tansi deal cases and to one year imprisonment in the Pleasant Stay hotel. The Special Judge, Mr P. Anbazhagan, had found her and her co-accused guilty of criminal conspiracy to commit irregularities in the purchase of land and buildings of state-owned Tansi by Jaya Publications and Sasi Enterprises in which both Ms Jayalalithaa and Ms Sasikala were partners. Ms Jayalalithaa was disqualified from contesting the state Assembly elections in May under the Representation of the Peoples Act.
Chennai, December 4, 2001
The AIADMK chief, Ms J. Jayalalithaa, was all set to stage a spectacular comeback as Chief Minister of Tamil Nadu, following a Madras High Court verdict in her favour today in her appeals against convictions on charges of corruption by a Special Court in the Tansi deal and Pleasant Stay hotel cases last year.
Justice N. Dinakar delivered the much awaited decision this morning, allowing all the appeals of Ms Jayalalithaa and several other co-accused, including her close associate, Ms Sasikala.
An obviously delighted Ms Jayalalithaa would not indicate if she would stake her claim immediately to return as Chief Minister or wait till she won a by-election to the State Assembly. “I will take the right decision at the appropriate time, rather, an appropriate decision at the right time,” she said, adding there was no legal hurdle to her becoming the Chief Minister. The AIADMK leader said she would contest when elections were held.
Ms Jayalalithaa said she had all along maintained that false cases had been foisted on her (by the Karunanidhi government) and the High Court verdict had vindicated her stand.
AIADMK workers greeted the acquittal of their leader with the burst of crackers and distribution of sweets.
For the DMK chief, Mr Karunanidhi, Ms Jayalalithaa’s acquittal was a bitter pill indeed, but he put on a brave face by saying that “we do respect the High Court judgement”. He, however, added that “it will take a long time to get justice.” He did not elaborate. Mr Karunanidhi said it would be for DMK legal experts to consider if an appeal to the Supreme Court should be filed.
Ms Jayalalithaa’s foe-turned-friend-turned foe, Dr Subramanian Swamy, who was the original complainant in the Tansi Deal cases, has already announced that he will file an appeal in the Supreme Court against the acquittal. But Rajya Sabha member and editor of the Tamil magazine “Tughlak” Cho Ramaswamy doubted if Dr Swamy was entitled to file an appeal. T
he Chief Minister, Mr O. Paneerselvam, whom Ms Jayalalithaa had chosen to head the state government when she resigned on September 11 following a Supreme Court decision setting aside her appointment in May this year by the then Governor Fathima Beevi, told reporters that justice had ultimately triumphed and the people’s verdict had been vindicated. He was sure “Amma” would return as Chief Minister. Mr Paneerselvam had never been comfortable in his seat as Chief Minister, and he could not be blamed since it was obvious to everyone that Ms Jayalalithaa was the backseat driver with a remote control over the affairs of the state.
Political observers were speculating if Ms Jayalalithaa would wait until she contests and wins the Andipatti Assembly seat the two Tansi deal cases and to one year imprisonment in the Pleasant Stay hotel. The Special Judge, Mr P. Anbazhagan, had found her and her co-accused guilty of criminal conspiracy to commit irregularities in the purchase of land and buildings of state-owned Tansi by Jaya Publications and Sasi Enterprises in which both Ms Jayalalithaa and Ms Sasikala were partners. Ms Jayalalithaa was disqualified from contesting the state Assembly elections in May under the Representation of the Peoples Act.
Thursday, February 4, 2010
Institution of government audit
Enforcing accountability can curb corruption
4, Dec-2001.
THE Geneva-based Transparency International rates India at 72 out of 91 countries in its Corruption Perception Index 2001 and that makes it the 20th most corrupt nation today. While there may be quarrels about the methodology, approach and consequential “perception” of Transparency International, the over-all picture of widespread corruption in the nation’s body politic with its assiduously corrosive effect is neither disputed nor diminished thereby.
A variety of institutions and instrumentalities are in place to combat the scourge of corruption with the Central Vigilance Commission (CVC) at the apex level. A number of non-governmental organisations have also pitched in. A recent initiative is the establishment of the Council for Clean India, a loose umbrella-type organisation which, for the present, is a deliberative mechanism for interaction among government institutions and non-government organisations on corruption-related issues. The Central Vigilance Commissioner is quite clear that corruption is too serious a matter to be left to the CVC alone.
An ally in the battle against corruption whose potential has not been fully comprehended and exploited is the institution of government audit. While corruption is quintessentially, to borrow a World Bank definition, the use of public office for private gain, the statutory definition of corruption as per the Prevention of Corruption Act encompasses acts of public servants taking gratification other than legal remuneration in respect of an official act, or obtaining valuable things without consideration from a person concerned with processing or the business transacted by such a public servant, or criminal misconduct on the part of a public servant. The acquisition and ownership of assets disproportionate to the known and legitimate sources of income of a public servant also come within the ambit of corruption.
Statutory definition apart, acts of corruption can be broadly classified as (a) doing what is right but only after securing a consideration; (b) doing something wrong in lieu of a consideration; (c) not doing what is right and lawful for a consideration; and (d) misuse of public assets, funds and facilities for private purposes. Of these, (b), (c) and (d) may directly impact government revenues and expenditure, but the effect of (a) on public funds cannot be denied since there are no free lunches anywhere. There may be other categories of corruption like favouritism and nepotism based on considerations of caste, community, etc, but these are outside the scope of the present article, which confines itself to acts of corruption that have more or less direct impact on government revenues and expenditure.
The Comptroller and Auditor-General of India (CAG) is a high, independent constitutional authority responsible for the audit of the accounts of the Central and state governments as well as government companies, autonomous organisations and aided bodies as prescribed by law made by Parliament. A perceived handicap of the CAG’s audit of its absolute, total and exclusive reliance on documentary evidence is also the source of its immense strength. What is presented by audit is based on the written records of the government departments which thereby ensures its authenticity, integrity and credibility. Each statement in the CAG’s Audit Report is expected to be based on and backed by evidence collected from departmental records, and each comment and conclusion flows from the evidence so sifted and marshalled. The CAG’s internal procedures of indepth checking, examining and scrutiny of the audit comments at several levels of hierarchy provide an in-built quality control mechanism.
Also, before an adverse and critical comment is included in the Audit Report, it is invariably sent to the departmental officers at the highest level in a draft form for confirmation of facts and figures as well as their observations and say in the matter. An audit comment may be modified or even abandoned altogether in the light of the response of the departmental officers. Thus what gets finally included in the CAG’s Audit Report is expected to be based on confirmed and proven facts and figures, backed by departmental records, the result of careful examination at several levels in the CAG’s organisation and after fullest opportunity has been given for the views of the department.
The CAG’s audit brings to light inter alia cases of irregular, excessive, wasteful, nugatory and infructuous expenditure and payments as well as cases of under-assessment or incorrect assessment of taxes and their non-collection. Such cases show that (a) something wrong has been done, or (b) what was right and prescribed has not been done, or (c) there has been misutilisation/misappropriation of public funds, assets and facilities. It is not, however, the province of audit to verify whether an act of malfeasance was committed with a motive and consideration which is sine qua non for attracting the provisions of the Prevention of Corruption Act.
A minister in the British Cabinet stepped down for showing interest in the issue of a citizenship certificate to a private citizen. This was on grounds of propriety as against the legality of corruption, for which there may or may not have been any proof. In the same manner, an essential step in rooting out corruption should be condign punishment for acts of financial malfeasance: it is not necessary to wait for the establishment of motive or consideration which may take years. For this, ample source material is available in the CAG’s Audit Reports, which for reasons already stated may not require any substantial supplementary evidence. Unfortunately, the ineffectiveness of the currently available institutions of follow-up action for the enforcement of accountability has virtually rendered the watchdog CAG’S Audit Reports bark, which may momentarily receive media attention and then get forgotten while the colossal waste of public funds and massive haemorrhage of government revenue continue unabated.
The need of the hour is out-of-box thinking for the establishment of a new and effective apparatus for the enforcement of accountability. Care must, however, be taken to avoid the creation of an atmosphere of witch-hunting and bona fide decision making must not be held hostage to the fear of accountability. Enforcement of accountability should be adequately sensitive to the constraints of executive functioning, and it should rule out even the remotest possibility of action on judgements based on hind-sight wisdom and one-sided mechanical application of regulations. Above all, it should be the outcome of a judicial mind, a balanced approach and consistent with the principles of natural justice.
For this purpose, independent, multi-member accountability tribunals need to be established to institute follow-up action on Audit Reports. Such a tribunal should preferably be a triumvirate comprising of mature and experienced persons drawn one each from public administration, audit and the judiciary, the last being the chairperson. There should be transparency in the selection and appointment of members, based on well-defined norms and qualifications. Broadly, they would be persons of proven probity and competence with wide exposure to public affairs. The terms and conditions of their service should be sufficiently attractive, commensurate with the level of responsibility and expected performance, which enable them to discharge their functions without fear or favour. These should combine the security of a non-renewable tenure with stringent constraints on their eligibility for appointment to any other public office.
The tribunals will have full powers to call for departmental records, summon officials and determine the extent of their involvement in and responsibility for acts of financial malfeasance and award punishment. An appeal against the order of the tribunal shall lie only with the Supreme Court. Enforcement of accountability will not merely ensure better utilisation of scarce national resources and mobilisation of funds but also substantially reduce the tendency towards corruption.
In his memorable address on November 26, 1949, to the Constituent Assembly just prior to the formal adoption and signing of the Constitution, the President, Dr Rajendra Prasad, made several observations whose prescience has stood the test of time. An observation, which is generally not recalled, related to expenditure. “The cost too”, said Dr Prasad “which the Assembly had to incur during its three years’ existence is not too high... I understand that the expenses upto 22nd November (1949) come to Rs 63,96,729.” The almost apologetic reference to expenditure computed down to the last rupee and upto the last working day on this historic occasion betokened the sense of accountability for tax payers’ money at the highest level. Restoration of that sense of accountability with condign punitive action will go a long way in curbing corruption. It will also put an end to carrying out wrong orders ‘from above”, or to presenting such order “from above’ as an alibi for financial malfeasance. The pressure on government audit to enhance its performance will be a valuable spin-off.
By Dharam Vir
The writer is a former Deputy Comptroller and Auditor-General of India.
4, Dec-2001.
THE Geneva-based Transparency International rates India at 72 out of 91 countries in its Corruption Perception Index 2001 and that makes it the 20th most corrupt nation today. While there may be quarrels about the methodology, approach and consequential “perception” of Transparency International, the over-all picture of widespread corruption in the nation’s body politic with its assiduously corrosive effect is neither disputed nor diminished thereby.
A variety of institutions and instrumentalities are in place to combat the scourge of corruption with the Central Vigilance Commission (CVC) at the apex level. A number of non-governmental organisations have also pitched in. A recent initiative is the establishment of the Council for Clean India, a loose umbrella-type organisation which, for the present, is a deliberative mechanism for interaction among government institutions and non-government organisations on corruption-related issues. The Central Vigilance Commissioner is quite clear that corruption is too serious a matter to be left to the CVC alone.
An ally in the battle against corruption whose potential has not been fully comprehended and exploited is the institution of government audit. While corruption is quintessentially, to borrow a World Bank definition, the use of public office for private gain, the statutory definition of corruption as per the Prevention of Corruption Act encompasses acts of public servants taking gratification other than legal remuneration in respect of an official act, or obtaining valuable things without consideration from a person concerned with processing or the business transacted by such a public servant, or criminal misconduct on the part of a public servant. The acquisition and ownership of assets disproportionate to the known and legitimate sources of income of a public servant also come within the ambit of corruption.
Statutory definition apart, acts of corruption can be broadly classified as (a) doing what is right but only after securing a consideration; (b) doing something wrong in lieu of a consideration; (c) not doing what is right and lawful for a consideration; and (d) misuse of public assets, funds and facilities for private purposes. Of these, (b), (c) and (d) may directly impact government revenues and expenditure, but the effect of (a) on public funds cannot be denied since there are no free lunches anywhere. There may be other categories of corruption like favouritism and nepotism based on considerations of caste, community, etc, but these are outside the scope of the present article, which confines itself to acts of corruption that have more or less direct impact on government revenues and expenditure.
The Comptroller and Auditor-General of India (CAG) is a high, independent constitutional authority responsible for the audit of the accounts of the Central and state governments as well as government companies, autonomous organisations and aided bodies as prescribed by law made by Parliament. A perceived handicap of the CAG’s audit of its absolute, total and exclusive reliance on documentary evidence is also the source of its immense strength. What is presented by audit is based on the written records of the government departments which thereby ensures its authenticity, integrity and credibility. Each statement in the CAG’s Audit Report is expected to be based on and backed by evidence collected from departmental records, and each comment and conclusion flows from the evidence so sifted and marshalled. The CAG’s internal procedures of indepth checking, examining and scrutiny of the audit comments at several levels of hierarchy provide an in-built quality control mechanism.
Also, before an adverse and critical comment is included in the Audit Report, it is invariably sent to the departmental officers at the highest level in a draft form for confirmation of facts and figures as well as their observations and say in the matter. An audit comment may be modified or even abandoned altogether in the light of the response of the departmental officers. Thus what gets finally included in the CAG’s Audit Report is expected to be based on confirmed and proven facts and figures, backed by departmental records, the result of careful examination at several levels in the CAG’s organisation and after fullest opportunity has been given for the views of the department.
The CAG’s audit brings to light inter alia cases of irregular, excessive, wasteful, nugatory and infructuous expenditure and payments as well as cases of under-assessment or incorrect assessment of taxes and their non-collection. Such cases show that (a) something wrong has been done, or (b) what was right and prescribed has not been done, or (c) there has been misutilisation/misappropriation of public funds, assets and facilities. It is not, however, the province of audit to verify whether an act of malfeasance was committed with a motive and consideration which is sine qua non for attracting the provisions of the Prevention of Corruption Act.
A minister in the British Cabinet stepped down for showing interest in the issue of a citizenship certificate to a private citizen. This was on grounds of propriety as against the legality of corruption, for which there may or may not have been any proof. In the same manner, an essential step in rooting out corruption should be condign punishment for acts of financial malfeasance: it is not necessary to wait for the establishment of motive or consideration which may take years. For this, ample source material is available in the CAG’s Audit Reports, which for reasons already stated may not require any substantial supplementary evidence. Unfortunately, the ineffectiveness of the currently available institutions of follow-up action for the enforcement of accountability has virtually rendered the watchdog CAG’S Audit Reports bark, which may momentarily receive media attention and then get forgotten while the colossal waste of public funds and massive haemorrhage of government revenue continue unabated.
The need of the hour is out-of-box thinking for the establishment of a new and effective apparatus for the enforcement of accountability. Care must, however, be taken to avoid the creation of an atmosphere of witch-hunting and bona fide decision making must not be held hostage to the fear of accountability. Enforcement of accountability should be adequately sensitive to the constraints of executive functioning, and it should rule out even the remotest possibility of action on judgements based on hind-sight wisdom and one-sided mechanical application of regulations. Above all, it should be the outcome of a judicial mind, a balanced approach and consistent with the principles of natural justice.
For this purpose, independent, multi-member accountability tribunals need to be established to institute follow-up action on Audit Reports. Such a tribunal should preferably be a triumvirate comprising of mature and experienced persons drawn one each from public administration, audit and the judiciary, the last being the chairperson. There should be transparency in the selection and appointment of members, based on well-defined norms and qualifications. Broadly, they would be persons of proven probity and competence with wide exposure to public affairs. The terms and conditions of their service should be sufficiently attractive, commensurate with the level of responsibility and expected performance, which enable them to discharge their functions without fear or favour. These should combine the security of a non-renewable tenure with stringent constraints on their eligibility for appointment to any other public office.
The tribunals will have full powers to call for departmental records, summon officials and determine the extent of their involvement in and responsibility for acts of financial malfeasance and award punishment. An appeal against the order of the tribunal shall lie only with the Supreme Court. Enforcement of accountability will not merely ensure better utilisation of scarce national resources and mobilisation of funds but also substantially reduce the tendency towards corruption.
In his memorable address on November 26, 1949, to the Constituent Assembly just prior to the formal adoption and signing of the Constitution, the President, Dr Rajendra Prasad, made several observations whose prescience has stood the test of time. An observation, which is generally not recalled, related to expenditure. “The cost too”, said Dr Prasad “which the Assembly had to incur during its three years’ existence is not too high... I understand that the expenses upto 22nd November (1949) come to Rs 63,96,729.” The almost apologetic reference to expenditure computed down to the last rupee and upto the last working day on this historic occasion betokened the sense of accountability for tax payers’ money at the highest level. Restoration of that sense of accountability with condign punitive action will go a long way in curbing corruption. It will also put an end to carrying out wrong orders ‘from above”, or to presenting such order “from above’ as an alibi for financial malfeasance. The pressure on government audit to enhance its performance will be a valuable spin-off.
By Dharam Vir
The writer is a former Deputy Comptroller and Auditor-General of India.
Karthi’s winter bundobust
4, Dec-2001.
THE onset of winter once again brought alive in my memory my friend Karthikeyan, a cool guy who worked in my office. Literally cool. No pun intended since he came from South and was left to fend for himself in the “shivering North”, thanks to his posting in the country’s capital.
He met me last year in September, rubbing his palms against each other to generate some heat for himself while sauntering in the corridor. We stopped for a while to greet each other when I noticed he was feeling some cold: “What, are you coming from the Boss’s air-conditioned chamber?”, I asked him. “No, sir, it is just like that…” and he literally translated the local Hindi syntax of vaise - hee shreeman ji!
“You aren’t suffering a pre-malaria shivering and clattering of teeth, are you?” I asked a little concerned. “No, sir, no, it is like that only”, again he repeated and added: “I am feeling a little cold”. “In September?” I queried, a little surprised, “what will become of you in December-January, my dear?” I tried to cut a joke and he informed me that he had made all the arrangements for the impending winters. I asked him if had got made some new razais (quilts). “What is that?” and I informed him about the stitched cotton wrap, which is a weakness for the North Indians to slip into and curl up, at the smallest opportunity available during the winters.
When I did not see Karthikeyan in October for some days, I enquired about his well being from my colleagues, who told me that he had gone to his native place to leave his wife there for she would not stay in Delhi anymore apprehending the intensity of the imminent cold wave conditions said to be prevalent in winters.
First week of November arrived and Karthikeyan was back to his work. He met me in my office and appeared a little bulkier. I again cracked a joke: “You have put on weight being at your village, haven’t you!” “No, sir, it is the body warmers that I am wearing in layers …ha ha ha …!”, he giggled. I offered him tea and he said he would have it in a glass instead of a cup and again grinned. I saw him holding the glass wearing the gloves thereby getting a feeling of some warmth. While parting, he offered me some date palms and groundnuts saying that he was enlightened by one of his North Indian colleagues that they helped in giving inner body heat for immunity against cold.
During December I could not interact with Karthikeyan since I too, like all other government functionaries was enjoying the bliss of exhausting the casual leaves. Then suddenly on New Year Day, I noticed Karthikeyan entering my office wearing a monkey cap when I immediately called out the attendant to bring a set of hot tea, as fast as he could.
“Oh, nice to see you Karthi”, I welcomed and greeted him with a “Happy New Year” and he too reciprocated very warmly as if in reciprocation itself he would generate some heat for himself and transfer some to me holding my hand for an unusually long and irritating duration. “You look as if you are coming after experiencing a snowfall. Did you visit some hill station during the winter vacations, or…!” “No, sir,” he cut me short, “I have made a quilt for myself. Besides, in fact, I have brought back my wife and we are comfortable”, he smiled mischievously at me.
A hot guy indeed and I had been foolishly taking him to be a real cold one. I noticed Karthi unlayering most of his wrappings for “inner warmth” and he looked to be normal once again in the month of February. With the onset of March, I didn’t see my friend for about a week. And when he turned up later he informed me while mysteriously smiling at me, “Sir, although I have managed my deputation to Chennai for the coming three years but I’ll give you a good news by this year end!” What I guessed at that time was perhaps right!
K. Rajbir Deswal
THE onset of winter once again brought alive in my memory my friend Karthikeyan, a cool guy who worked in my office. Literally cool. No pun intended since he came from South and was left to fend for himself in the “shivering North”, thanks to his posting in the country’s capital.
He met me last year in September, rubbing his palms against each other to generate some heat for himself while sauntering in the corridor. We stopped for a while to greet each other when I noticed he was feeling some cold: “What, are you coming from the Boss’s air-conditioned chamber?”, I asked him. “No, sir, it is just like that…” and he literally translated the local Hindi syntax of vaise - hee shreeman ji!
“You aren’t suffering a pre-malaria shivering and clattering of teeth, are you?” I asked a little concerned. “No, sir, no, it is like that only”, again he repeated and added: “I am feeling a little cold”. “In September?” I queried, a little surprised, “what will become of you in December-January, my dear?” I tried to cut a joke and he informed me that he had made all the arrangements for the impending winters. I asked him if had got made some new razais (quilts). “What is that?” and I informed him about the stitched cotton wrap, which is a weakness for the North Indians to slip into and curl up, at the smallest opportunity available during the winters.
When I did not see Karthikeyan in October for some days, I enquired about his well being from my colleagues, who told me that he had gone to his native place to leave his wife there for she would not stay in Delhi anymore apprehending the intensity of the imminent cold wave conditions said to be prevalent in winters.
First week of November arrived and Karthikeyan was back to his work. He met me in my office and appeared a little bulkier. I again cracked a joke: “You have put on weight being at your village, haven’t you!” “No, sir, it is the body warmers that I am wearing in layers …ha ha ha …!”, he giggled. I offered him tea and he said he would have it in a glass instead of a cup and again grinned. I saw him holding the glass wearing the gloves thereby getting a feeling of some warmth. While parting, he offered me some date palms and groundnuts saying that he was enlightened by one of his North Indian colleagues that they helped in giving inner body heat for immunity against cold.
During December I could not interact with Karthikeyan since I too, like all other government functionaries was enjoying the bliss of exhausting the casual leaves. Then suddenly on New Year Day, I noticed Karthikeyan entering my office wearing a monkey cap when I immediately called out the attendant to bring a set of hot tea, as fast as he could.
“Oh, nice to see you Karthi”, I welcomed and greeted him with a “Happy New Year” and he too reciprocated very warmly as if in reciprocation itself he would generate some heat for himself and transfer some to me holding my hand for an unusually long and irritating duration. “You look as if you are coming after experiencing a snowfall. Did you visit some hill station during the winter vacations, or…!” “No, sir,” he cut me short, “I have made a quilt for myself. Besides, in fact, I have brought back my wife and we are comfortable”, he smiled mischievously at me.
A hot guy indeed and I had been foolishly taking him to be a real cold one. I noticed Karthi unlayering most of his wrappings for “inner warmth” and he looked to be normal once again in the month of February. With the onset of March, I didn’t see my friend for about a week. And when he turned up later he informed me while mysteriously smiling at me, “Sir, although I have managed my deputation to Chennai for the coming three years but I’ll give you a good news by this year end!” What I guessed at that time was perhaps right!
K. Rajbir Deswal
A bigger challenge for PM
December 4, 2001
NO one can any more ignore the strong political undercurrents taking shape in the past few weeks. Equations among different political formations are undergoing subtle changes. While on the one hand old bonds are getting sour, there are signs of thaw in the relationship between what was hitherto considered as bitter political foes. However, the good news is that even if all such developments take a concrete shape, it may not pose any immediate danger to the Vajpayee government.
This is because the present Lok Sabha is that of Atal Behari Vajpayee. And so long as there is no radical change in the equations of one or more NDA constituents in states with their local rivals, his government will continue to enjoy numerical stability. Even a total opposition consolidation in this Lok Sabha cannot unseat him unless the former is able to wean away the state bosses of some of the NDA allies. Again, luckily for Vajpayee, the opposition is not even thinking on these lines.
Up to now no Opposition leader has bothered to build bridges with any of the NDA allies. Leaders of the old Janata parivar in the opposition argue that since their former colleagues have fully aligned with the BJP, they will now be forced to depend more and more on the saffron support. The more such parties are seen as silently supporting the saffron policies, the greater will be their isolation from the mainstream support base on the ground. The more well established parties like the DMK and the TDP alone could withstand this saffron syndrome.
The really bad news for Mr Vajpayee has not been the first-ever decision for floor coordination by the Samajwadi Party and the Congress. This is a significant step. It can, if both sides make necessary accommodation, lead to a better understanding on the ground. But the real meaning of the floor coordination with the presence of such leaders as Sharad Pawar and Chandra Shekhar at the patch-up meet have been the virtual acceptance of the Congress supremacy by all others. True, the Congress has neither made it a condition nor others formally conceded it. Yet every one seems to have accepted this reality.
Three years have made all the difference. Sonia Gandhi was then unacceptable because she was yet to prove her existence within her own party. She was seen as an untested usurper under whom the Congress had even lost leadership and direction. This has been the general impression. The Congress tally in the Lok Sabha had touched the rockbottom. With a heavy baggage of old sins, the party was seen as fumbling in Parliament. It became a butt of ridicule when it found itself under compulsion to support most of the NDA decisions.
With 11 Chief Ministers under it, the Congress is no more being dismissed as a sinking ship. All its vigorous “congressisation” have not enabled the BJP to reach anywhere near the Congress in terms of vote percentage, geographical spread and popular acceptability. Its winning spree in state elections, partly due to the failures of the NDA constituents, has made those who had derided Sonia Gandhi’s “suicidal leadership”, change their mind. Practical as they are, Mulayam Singh Yadav and Sharad Pawar seem to have realised the pre-eminent position of the Congress in any future coalitional arrangement.
Mulayam Singh Yadav’s efforts to spread his wings to other states did not click. This has left him with the option of either reluctantly accept the Congress domination at the Centre or let his arch rival BJP rule the roost over him. Sharad Pawar’s predicament is worse. Having burnt his fingers, he will have to find a face-saving formula to make another “home-coming” – a term he had used in the early 80s.
Unlike Mulayam Singh Yadav, he is a junior partner even within his only stronghold. The coalitional arrangement in the state reduces the scope for the party’s expansion. Again, unlike Yadav who has the Left backing, Pawar is practically friendless in national politics. He did try hobnobbing with the BJP-Shiv Sena opposition but realised that such an action would further erode his base.
If the domination of the Congress is a virtual reality, so is Sonia Gandhi’s. Her party has made it clear that she is its leader and there would be no compromise on this. To be fair, her own conduct ever since she took her hierarchical reins has been truly credible. Over the years, she has developed a fairly sound leadership style. One can charge her with being indecisive or confused. But she has never acted whimsical and abrasive like her late husband or authoritarian and aggressive as Indira Gandhi. This may be due to Sonia Gandhi’s own limitations. Or may be, she might act differently as and when she emerges stronger.
Some of us were too hasty to conclude that she was under the influence of Fotedars and Arjun Singhs. Now we realise that she has developed an elaborate system of consultations and decision-making with maximum role for moderates and untainted. This has helped the party regain more acceptability. Coterie and caucus have disappeared. The Congress under her is the least faction-ridden – even in states where the party is in power. The Opposition and ruling party representatives find no fault with her personal conduct. All this can add to her acceptability.
Apparently, the Congress too has climbed down in the bargain. The party has buried its Pachmarhi doctrine of “go-alone”. It has been forced to revise its policies on a variety of issues, including economic reform, and sit with minor opposition groups as equals and put up with all their tantrums.
It is, however, too premature to read too much into the decision for floor coordination. The whole thing is still uncertain. Even if such a coordination does have a smooth sail. The UP elections are bound to produce more frictions. There is already resistance from the Congress ranks to the party becoming a minor partner in UP. In case it is forced, it will complete the process of its marginalisation and add UP to the list of Tamil Nadu, Bihar and West Bengal.
Mr Vajpayee has also reasons to worry about the jarring voices within the NDA. Though not directly linked, Janata splinters like the JD(U), the Paswan party and Samata minus Fernandes have been unhappy about their shabby treatment. They have been frequently airing their protests against the BJP taking away all important ministries from them. Since then there has been talk of reunification of the splinter JD groups.
There have also been feeble efforts to function as a front within the NDA to strike joint bargains. They had another meeting this week. At the moment, this may not be a big deal because senior leaders of the groups have so far discreetly remained in the background. In any case, those like George Fernandes can easily pacify the disgruntled lot. Yet such irritants may add up to the growing trend, if things go worse.
By P. Raman.
NO one can any more ignore the strong political undercurrents taking shape in the past few weeks. Equations among different political formations are undergoing subtle changes. While on the one hand old bonds are getting sour, there are signs of thaw in the relationship between what was hitherto considered as bitter political foes. However, the good news is that even if all such developments take a concrete shape, it may not pose any immediate danger to the Vajpayee government.
This is because the present Lok Sabha is that of Atal Behari Vajpayee. And so long as there is no radical change in the equations of one or more NDA constituents in states with their local rivals, his government will continue to enjoy numerical stability. Even a total opposition consolidation in this Lok Sabha cannot unseat him unless the former is able to wean away the state bosses of some of the NDA allies. Again, luckily for Vajpayee, the opposition is not even thinking on these lines.
Up to now no Opposition leader has bothered to build bridges with any of the NDA allies. Leaders of the old Janata parivar in the opposition argue that since their former colleagues have fully aligned with the BJP, they will now be forced to depend more and more on the saffron support. The more such parties are seen as silently supporting the saffron policies, the greater will be their isolation from the mainstream support base on the ground. The more well established parties like the DMK and the TDP alone could withstand this saffron syndrome.
The really bad news for Mr Vajpayee has not been the first-ever decision for floor coordination by the Samajwadi Party and the Congress. This is a significant step. It can, if both sides make necessary accommodation, lead to a better understanding on the ground. But the real meaning of the floor coordination with the presence of such leaders as Sharad Pawar and Chandra Shekhar at the patch-up meet have been the virtual acceptance of the Congress supremacy by all others. True, the Congress has neither made it a condition nor others formally conceded it. Yet every one seems to have accepted this reality.
Three years have made all the difference. Sonia Gandhi was then unacceptable because she was yet to prove her existence within her own party. She was seen as an untested usurper under whom the Congress had even lost leadership and direction. This has been the general impression. The Congress tally in the Lok Sabha had touched the rockbottom. With a heavy baggage of old sins, the party was seen as fumbling in Parliament. It became a butt of ridicule when it found itself under compulsion to support most of the NDA decisions.
With 11 Chief Ministers under it, the Congress is no more being dismissed as a sinking ship. All its vigorous “congressisation” have not enabled the BJP to reach anywhere near the Congress in terms of vote percentage, geographical spread and popular acceptability. Its winning spree in state elections, partly due to the failures of the NDA constituents, has made those who had derided Sonia Gandhi’s “suicidal leadership”, change their mind. Practical as they are, Mulayam Singh Yadav and Sharad Pawar seem to have realised the pre-eminent position of the Congress in any future coalitional arrangement.
Mulayam Singh Yadav’s efforts to spread his wings to other states did not click. This has left him with the option of either reluctantly accept the Congress domination at the Centre or let his arch rival BJP rule the roost over him. Sharad Pawar’s predicament is worse. Having burnt his fingers, he will have to find a face-saving formula to make another “home-coming” – a term he had used in the early 80s.
Unlike Mulayam Singh Yadav, he is a junior partner even within his only stronghold. The coalitional arrangement in the state reduces the scope for the party’s expansion. Again, unlike Yadav who has the Left backing, Pawar is practically friendless in national politics. He did try hobnobbing with the BJP-Shiv Sena opposition but realised that such an action would further erode his base.
If the domination of the Congress is a virtual reality, so is Sonia Gandhi’s. Her party has made it clear that she is its leader and there would be no compromise on this. To be fair, her own conduct ever since she took her hierarchical reins has been truly credible. Over the years, she has developed a fairly sound leadership style. One can charge her with being indecisive or confused. But she has never acted whimsical and abrasive like her late husband or authoritarian and aggressive as Indira Gandhi. This may be due to Sonia Gandhi’s own limitations. Or may be, she might act differently as and when she emerges stronger.
Some of us were too hasty to conclude that she was under the influence of Fotedars and Arjun Singhs. Now we realise that she has developed an elaborate system of consultations and decision-making with maximum role for moderates and untainted. This has helped the party regain more acceptability. Coterie and caucus have disappeared. The Congress under her is the least faction-ridden – even in states where the party is in power. The Opposition and ruling party representatives find no fault with her personal conduct. All this can add to her acceptability.
Apparently, the Congress too has climbed down in the bargain. The party has buried its Pachmarhi doctrine of “go-alone”. It has been forced to revise its policies on a variety of issues, including economic reform, and sit with minor opposition groups as equals and put up with all their tantrums.
It is, however, too premature to read too much into the decision for floor coordination. The whole thing is still uncertain. Even if such a coordination does have a smooth sail. The UP elections are bound to produce more frictions. There is already resistance from the Congress ranks to the party becoming a minor partner in UP. In case it is forced, it will complete the process of its marginalisation and add UP to the list of Tamil Nadu, Bihar and West Bengal.
Mr Vajpayee has also reasons to worry about the jarring voices within the NDA. Though not directly linked, Janata splinters like the JD(U), the Paswan party and Samata minus Fernandes have been unhappy about their shabby treatment. They have been frequently airing their protests against the BJP taking away all important ministries from them. Since then there has been talk of reunification of the splinter JD groups.
There have also been feeble efforts to function as a front within the NDA to strike joint bargains. They had another meeting this week. At the moment, this may not be a big deal because senior leaders of the groups have so far discreetly remained in the background. In any case, those like George Fernandes can easily pacify the disgruntled lot. Yet such irritants may add up to the growing trend, if things go worse.
By P. Raman.
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