Law

The coal scam – one round of outrage, the next when the CAG report comes ..

A few days back, there was a leakage of a report that was supposed to be a draft CAG report on the coal sector. If people were surprised at the number of zeroes outlined in the 2G scam, the coal scam as outlined in the draft CAG report was many times larger, figures that are huge and which also give a sharp reminder of the huge amount of money and benefits controlled by politicians. The report outlined a loss to the public exchequer through the process of granting coal mines to private sector companies, with the allocation of mines being done through the Ministry of Mining, which was also coincidentally one of the portfolios held by the Prime Minister during part of the time period mentioned in the report.
There was some amount of pressure, but then the Government showed portions of a letter from the CAG which quoted his despair at the report being leaked to the media before it was ready, and also that there might be changes in the report based on the ongoing discussion, with the current Minister of the department stating that there was no problem (at least in this particular case they did not blame the report on some policy decisions taken by the NDA Government). Of course, the next day the Times of India published the full text of the CAG letter to the Prime Minister, which sought to portray that the distress of the CAG was over the leakage of the draft report, and that the report did not drastically change from what was published in the draft report.
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Uttar Pradesh elections – some challenges facing Akhilesh Yadav

In the 1984 elections, after the sudden death by assassination of Indira Gandhi, her son became the new Prime Minister and in the polls soon after, he got an astounding number of parliamentary seats giving him a huge majority – with 411 MP’s out of a total possible of 543, this was a huge mandate that he got. However, due to some misguided policies and some wrong steps (opening the locks of the Ram Janambhoomi, the Muslim Personal Law Bill, the huge controversy over the Bofors deal and a group of advisors who did nothing but mis-manage his relations with the country and the media. By the time of the 1989 elections, the support for Rajiv Gandhi and the Congress significantly declined to 197 seats.
The above example just shows that just because a party gets a huge number of seats in a particular election does not mean that this honeymoon will carry over into the next election. In fact, closer home in Uttar Pradesh, the performance of BSP in the 2007 election and then in the recent elections shows how fickle public support can be. Now, with the Samajwadi Party making a huge win in the elections, and then nominating Akhilesh Yadav to be the Chief Minister, the SP can set the ground for continuing this winning way in the future, or crash and burn in the next few years. Here are a few points for the same:
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Ensuring that lack of sanction does not stop corruption cases against Government officials – Judgement by the Supreme Court

The Government has a number of laws against corruption on the books; if implemented in a proper way, they should be enough to ensure that corruption levels go down. However, when the investigating arms of the Government (such as the CBI, ED, etc) are forced by the Government to behave in a certain way, then there is the need for having an independent investigator such as the Lokpal, or to remove the control of the Government from the current investigating agencies. So, the Government suffers a credibility gap in terms of the reputation of its commitment to fighting corruption.
What causes more problems is the state of corruption cases against Government officers, where a sanction is needed from the Government. Under the Prevention of Corruption Act, a sanction is needed from the Government for the investigation / prosecuting agencies to go ahead with a case against a Government official. One would think that the Government should ensure that those indulging in corruption are proceeded against, and not deny this sanction; this is more so especially when the Government is in such a bind over corruption with its public image battered. And yet, one third of such cases are in a position where the agencies are waiting for Government sanction of the cases.
The suspicion is that in many cases, some elements of the political classes are complicit along with the accused Government official, or that the Government does not really want that official to face prosecution because they want that particular case to die down (as has happened in the past). These cases would get highlighted from time to time in the media, but the situation remained that the Government would not buckle down; what would typically happen is that when the agencies asked for permission, they were not denied nor were the given approval. Instead, there would be a deafening silence to the repeated request for sanction for prosecution, until the agency would give up.
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