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Put it in public
domain Profile On Record
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Put it in public domain
In
its fourth report on the theme, Ethics in Governance, the Second Administrative Reforms Commission has comprehensively dealt with the issue of corruption in public life, describing it as an important manifestation of failure of ethics. It covers the entire gamut of associated issues like ethical framework for ministers, legislators, civil servants and judiciary; legal framework for fighting corruption, institutional framework including Lok Pal, investigation and prosecution; protection of honest civil servants, protection of whistleblowers; promotion of transparency and reduction of areas of discretion etc. Among the important recommendations accepted by the UPA government are laws for the protection of whistleblowers and a Serious Frauds Office for looking into cases of serious economic offences. Additionally, it has been agreed that a law for forfeiture of property of corrupt public servants would be enacted as recommended by the Law Commission in 1999; and that steps would be taken for the implementation of the Benami Transactions (Prohibition) Act, 1988. The Centre has accepted ARC recommendations relating to the protection of honest civil servants, simplification of procedures and reduction of areas for exercise of discretionary powers and effective monitoring of complaints. Operational guidelines of all developmental schemes and citizen centric programmes would provide for a social audit mechanism for ensuring their proper implementation. The civil society will be involved in the assessment and maintenance of ethics in government offices. However, the Centre has not accepted the proposal for dispensing with the requirement of prior sanction for prosecution of a public servant who has been trapped red-handed or in cases of possessing assets disproportionate to the known sources of income. It has also turned down the suggestion for fixing time limits for various stages of trial under the Prevention of Corruption Act. Holding that cleansing elections is the most important route to improve ethical standards in politics, curb corruption and rectify maladministration, the ARC has recommended a system of partial state funding of elections. It has also recommended debarring of candidates with criminal antecedents from contesting elections; mandatory disclosure of audited statements of income and expenditure accounts of the political parties in the public domain; vesting the power (currently with the Speaker) of disqualification of legislators on grounds of defection in the President/Governor acting on the Election Commission’s advice; fresh mandate in case a political party in a coalition realigns midstream with another party outside the coalition and so on. The ARC has recommended a broad-based system of selection for appointment of the Election Commissioners, including the Chief Election Commissioner, through a collegium which will include inter alia the Leader of the Opposition and the Presiding officers of both Houses of Parliament. While the Centre has not taken any decision on these recommendations, it has rejected the suggestion for amending Articles 105 (2) and 194 (2) of the Constitution to provide that the immunity enjoyed by the legislators does not cover corrupt acts committed by them in connection with their duties in the House or otherwise. The Government of India has already prescribed a code of conduct, applicable to ministers at the Centre and in the states, which inter alia requires the ministers to submit details of their assets and liabilities to the Prime Minister/Chief Minister on first appointment and annually thereafter and also provides a comprehensive framework for avoidance of conflict of interest. The scope of the code of conduct extends to minister’s family members. The code of ethics is not in the public domain. The code of ethics seeks to enjoin upon the minister to promote and uphold the political impartiality of the civil service; to act objectively, impartially, honestly, equitably, diligently and in a fair and just manner; to ensure that public money is used with utmost economy and care; to function in such a manner as to serve as instruments of good governance; and not to use government resources for party or political purposes. According to the government report card, the ARC’s recommendations have been considered by an Empowered Committee and it has been decided that the code of ethics is not necessary in view of the existing code of conduct. The ARC has strongly argued in favour of the Prime Minister’s exclusion from the Lok Pal Bill which has been on the anvil for nearly 40 years now. It has recommended a constitutional amendment for making it mandatory for the states to establish Lokayuktas and also suggested a broad framework for such institutions. While the government has accepted the recommendation for Lokayuktas, no decision has been taken on the Lok Pal on the ground that the issues relating to the Lok Pal Bill are being addressed independently in a comprehensive manner. The government has accepted a related recommendation for an Ombudsman to investigate cases against the functionaries of Urban Local Bodies and Panchayati Raj institutions. The government has displayed commendable transparency in making public its response to the ARC recommendations. Time is of the essence, and while urgent steps should be taken to effectively implement the accepted recommendations, action on other matters which are stated to be separately under consideration should also be fast-tracked. What is prima facie good and doable need not be held hostage to what might be an elusive best. For example on the issue of debarring of candidates with criminal antecedents from contesting elections, a minimalist acceptable definition of what constitutes criminal antecedents can be the starting point for enacting the proposed legislation. Similarly, instead of waiting for a consensus on the PM’s inclusion, the Lok Pal Bill may be enacted covering other functionaries. Also, consistent with the rare near-unanimity of the political class on the issue of public disclosure of assets of members of the higher judiciary, the government needs to revisit its stand on the code of conduct and code of ethics for ministers, particularly on the ARC’s recommendation for placing the instances of infractions in the public
domain. The writer is a former Deputy Comptroller and Auditor General of India
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Profile Andhra Pradesh
Chief Minister K. Rosaiah wanted to hang on his boots and retire from active politics on the eve of the elections to the State Assembly which were held simultaneously with the Lok Sabha elections in May 2009. “How can you retire at 77 when there are instances of people working even at the age of 94?” was the question posed by Y.S. Rajasekhara Reddy to Rosaiah, who was then his Finance Minister. YSR decided to bring Rosaiah to the Legislative Council, ensuring a secure six-year term to him irrespective of whether the Congress returns to power or not. The Congress romped home with a majority and Rosaiah was again made the Finance Minister. YSR, however, was of the view that politicians should retire at 60. Having entered active politics at 30, he became a cabinet minister at an early age. He missed several opportunities to become CM and that might have prompted him to moot the ‘retirement at 60’ plan for Congress veterans. While persuading Rosaiah not to retire, he told him “who knows who will go first”. The man who advocated 60 years as retirement age kept his word. It was a stroke of irony that YSR was destined to die just 100 days after he rode to power for a second time. The Congress High Command is in no mood to replace Rosaiah. On its part, the Jaganmohan Reddy camp has mellowed down and relented pressure on the Central leadership to elevate YSR’s son to the top post. Indications are that the status quo may be maintained. Supporters of Jaganmohan have made it clear that they are loyal Congressmen and are not going against the Central leadership. A non-controversial figure, Rosaiah is the seniormost of the late YSR’s cabinet, having wide and varied experience. Over the years, he has held six public offices. He was a member of the Legislative Council from 1968 to 1985 and Leader of the Opposition in the Council twice (1978-79 and 1983-85). Rosaiah made his mark as the Finance Minister, having played a vital role in the growth of Andhra Pradesh. Rosaiah has the distinction of working with five Congress chief ministers. For the first time, he became a Cabinet Minister under Dr M. Chenna Reddy way back in 1979 and in his second term Dr Reddy entrusted him with the Finance portfolio.
T. Anjiah inducted him in his government in 1980 as Transport and Housing Minister. K.Vijay Bhaskar Reddy too included him in his ministry and allocated him the key portfolio of Home and also entrusted him with Finance department. When N. Janardhana Reddy headed the government, Rosaiah retained the Finance portfolio. From September 2004, Rosaiah excelled as Finance Minister in YSR’s cabinet. He created a record, having presented the budget as many as 15 times, of which five were consecutive. He was Finance Minister of Dr Chenna Reddy, Vijaya Bhaskar Reddy and YSR. He ensured that teachers received retirement benefits. During 2009 elections he reduced the burden of YSR by handling the administration and enabling the Chief Minister and his ministerial colleagues to concentrate on poll campaign. Rosaiah was also PCC President from 1995 to 1997. In 1998, he was elected to the Lok Sabha. He was actively involved with the Congress party since his student days. Even though he became synonymous with finance, he handled many portfolios such as Home, Legislative Affairs, Roads and Buildings, Medical and Health and Transport in the Chenna Reddy, Anjiah, Vijaya Bhaskar Reddy and Janardhana Reddy governments. Rosaiah is known to be a deeply religious person. He is also very particular about rules and regulations and has respect for established conventions and practices. Rosaiah broke down while announcing the death of YSR in a helicopter crash. He poignantly observed: “I had never imagined I would have to announce this bad news. I am not able to digest it. The man who was working with us till the other day suddenly
disappeared.”
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On Record
A veteran
diplomat, Ambassador of Saudi Arabia to India Faisal Hassan Ahmed Trad has served Saudi missions in many important world capitals, including London, Tokyo and Brussels. The 54-year-old new Saudi envoy has also served as his country’s Ambassador to the Arab League in Cairo. He has held key positions in the Saudi Ministry of Foreign Affairs. In an interaction with The Tribune, the Ambassador covered a wide range of issues between India and Saudi Arabia on the bilateral front as well as the situation in West Asia. Excerpts: Q: How do you look at India-Saudi Arabia ties? A:
I believe the India-Saudi Arabia relationship has a lot to be achieved. Even the sky is not the limit for our relations. A new chapter in the relationship was opened when Saudi King Abdullah visited India as the chief guest of the Indian Government for the Republic Day in 2006. I believe that the process was largely initiated with the signing of the ‘Delhi Declaration’ by King Abdullah — this is the first time the King has signed such a document. Normally, we have the experience of ‘Joint Declaration’ or “Joint Communique’ but to sign such an agreement or declaration definitely signals the importance that both countries attach to each other. Q: How about trade and cultural ties between the two countries? A:
The commercial, economic and cultural ties between India and Saudi Arabia have expanded hugely since 2006. Since that historic visit, several important agreements were concluded — education and higher education, investment, avoiding double taxation, health and civil aviation. The joint commission is an important tool between the two countries to enhance cooperation. It held its seventh round in Delhi in 2006 and is now preparing for the eighth round in Riyadh during the end of October or early November. Since 2006, the trade figures have shown a huge increase. Q: When is Prime Minister Manmohan Singh likely to visit Saudi Arabia? A:
The Saudi King shares a very close and personal relationship with the Indian Prime Minister and we are looking forward to the visit. In fact, several dates were exchanged for the visit…unfortunately those dates could not be confirmed but there is willingness and there is a great importance attached to this visit by both sides. Q: What are the agreements the two countries are looking at for inking in the coming days? A:
A lot of ground is being paved for more agreements. We have in the tube a memorandum of understanding (MOU) between Nayeeb Arab University for Security Science in Riyadh and Institute of Defence Studies and Analysis in India, a cooperation agreement between Saudi Press Agency and Press Trust of India, and an MOU between Indian Institute of Sciences, Bangalore, and King Saudi University in Riyadh for cooperation in the field of research application, among others. Another important agreement is on an extradition treaty between the Home Ministries of the two countries; and pact on transfer of sentenced prisoners. Q: How do you assess the role of Indians working in Saudi Arabia? A:
The Indian community is the largest expatriate group in Saudi Arabia. Indian expatriates are preferred in the kingdom due to their expertise, work discipline, moderate behaviour and law-abiding nature. They have contributed enormously to the Saudi economy for years. Q: Any new project that Saudi Arabia proposes to launch in India? A:
The Jamia Millia Islamia University will soon have an ultra modern multi-million riyal (Saudi currency) medical centre with support from Saudi Arabia. Q: Are you satisfied with India’s position on the situation in the Middle East? A:
The two countries have identical views on issues affecting the peace and security of the Middle East. Riyadh and New Delhi also share common concerns on issues like terrorism, Iran, Iraq, Afghanistan and the Middle East peace process. Q: How do you look at your new assignment in New Delhi? A:
I would strive to further boost ties between the two countries during my tenure. There is a 1000-year history between our two lands. In fact, Saudi Arabia and India share a heritage that dates back several millennia...for centuries, traders from the Arabian Peninsula crossed the Hindukush and the Arabian Sea to exchange commodities and
ideas.
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