2. Smart Government: Corruption Free By T.S. Khanna, August 26,2015

Foundation for Better Government

2. Smart Government: Corruption Free

By T.S. Khanna, August 26, 2015

There was a time when only a few could imagine but no one could believe that a person speaking in a room could be heard around the world (radio) and then seen as well (TV).  That time is now for some to imagine but no one to believe that democratic government can be made corruption free.

Corruption in democratic government has been prevalent for so long that people consider it to be axiomatic part of the system.  This perception of democratic system diminishes the public trust in government.  It adversely influences the stability and legitimacy of government.

The reality and the public perception of integrity in government is a greater force for stability and legitimacy of government than public participation through elections.  In fact, corruption is rooted in elections and it flourishes in governmental operations after the elections.

There are several reasons for persistence of corruption in democratic government:

• No permanent or consistent effort to counter corruption is designed as a part of the democratic system;
• Sporadic efforts that are made are not protected from the political influences within the system;
• Administration of justice in democratic system is too sluggish and provides many escapes to the accused (Fifth Amendment, option of avoiding cross examination).  These protections were designed to resist against police state.  Cases against corrupt public employees must not be obstructed by such safeguards.

Efficiency in corruption cases is of the essence, especially when irrefutable evidence can be obtained with modern techniques.. Slow tempo in corruption cases can provide opportunities to tactfully destroy evidence and weaken witnesses.  A separate Law Court System with more suitable rules of evidence and court procedure should be established to deal with corruption cases.  Summary trials may be encouraged.

The issue of integrity in government is fundamental, not peripheral.  The growing public concern merits effort to establish corruption free government.  With the help of modern technology and constitutional amendment the dream of corruption free government can be turned into reality.

There are two areas of concern: (a) abuse of power, undue influence, bribery, inefficiency by public officials/employees,  (b) elected officials fixing their own salaries, perks, and raises.

Following steps are recommended to equip democratic government to eliminate corruption:

1.       Supreme Court may be given the responsibility and constitutional powers to (a) adopt the code of conduct for all public positions (including Do s and Don’t s for each position, (b) enact laws, regulations, and procedures for enforcement of the code of conduct for public officials as well as for conducting governmental operations including elections;

2.      Establish a Department for Government Integrity (DGI), independent of the government officials/employees or political parties;

3.      Supreme Court, under constitutional powers, may appoint a 12-member non-partisan Commission on Government Integrity (CGI).  The members of the CGI may be appointed on a 6-year term, one third retiring every two years.  To chair the CGI, a retired Supreme Court judge of repute may be appointed on a 6-year term. Responsibilities of the CGI may include (a)  overseeing  and directing the activities of the DGI, and, (b) conduct public hearings and recommend salaries, perks, and raises for elected officials for the Supreme Court approval.  (NOTE: Salary and perks combined of an elected official should not exceed the average income of the constituents he/she represents);

4.      Supreme Court, under constitutional powers, may establish a separate court system independent of the influence of public officials.  Rules of evidence and court procedure may be designed for quick movement of the cases, encouraging summary trials;

5.      The responsibilities of the Department for Government Integrity may include but not necessarily be limited to

·        Developing and updating code of conduct for all public positions, including Do s and Don’t s for each position for the Supreme Court adoption;

·        Develop procedures and regulations for conducting governmental operations, including elections, for the Supreme Court adoption;

·        Receive complaints against wrong doings by public officials/employees and direct the DGI to conduct confidential investigations and present the substantive cases to the CGI for indictment;

·        After indictment by the CGI, the DGI may prosecute the cases in the Separate Court System established for this purpose.

Successful leadership must be product oriented, not process oriented.  People and politics are now moved by issues, not merely by ideology.  Corruption in government is a major issue that must not be ignored

Corruption free government in democratic system is now do-able and achievable.  Determined effort is needed to peep out of the traditional “Box Thinking”.  A plan and program can now be developed to make a corrupt democratic government absolutely corruption free in five years.  A corruption free government will be more efficient and economical in its operations, with full public trust.

Corruption in government can now be turned into the debris of history.

1. Smart Government: Structural Reform by T.S.Khanna, August 16, 2015

Foundation for Better Government

(www.bettergovt.blogspot.com)

August 16, 2015

1.   Smart Government: Structural Reform

                 By T.S. Khanna, August 16, 2015

Human intelligence is sharpening, human knowledge is expanding, and human aspirations are constantly changing.  In the fast changing times, no political idea or ideology can have a permanent shelf-life.

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To best serve the people, political system must be closely monitored to identify its weaknesses with a mechanism in place to rectify them.

Observations of certain weaknesses in democratic political system have led me to propose a framework of Smart Government.  While it is important to consult democratic ideology, we cannot afford to ignore the experience of political practices that trump the assumptions in the ideology.

Democratic government was designed for public participation to give it stability and legitimacy.  However, it is observed that the stability and legitimacy of government seems to depend more on the public perception of integrity, efficiency, and economy in pursuit of the public purpose, based on public aspirations, in governmental operations.

The proposed framework for Smart Government is empiric based, keeping as close to democratic ideology as possible.  The presentation of the proposed framework is made in a series of papers on various aspects with minimal verbiage.  This paper is the first in the series, dealing with the structural changes in democratic government.

The purpose here is to stimulate the thought process among political thinkers to keep evolving the democratic system with changing times.

The present set-up of the President, the Senate, and the House of Reps that served well in the past seems to have become dysfunctional for several reasons:

·        Representative democracy generates centrifugal forces, encourages divisiveness, and with passage to time, diverse interests asserting their constitutional rights are not able to compromise in the absence of any centripetal force in command;

·        The Presidency, originally intended to administer the congressional affairs, has acquired too much power by filling the power gaps not foreseen in the constitution.  It is an enigma that in a democracy, a single person may command so much power;

·        Representative democracy by party system cannot function without voluntary cooperation.  With passage of time, party positions are hardened.  Each party enhances its power by regimented unity at the cost of independence of the elected reps.  Cooperation becomes a dream, no longer a reality.  Under such a stance of the of the parties, the present system offers four complex options;

§  When the Senate and the House of Reps have majorities of opposite parties, there is a deadlock;

§  When the President’s party and the majority party of any one of the Houses is not the same, there is a deadlock;

§  When the same party has majority in both Houses  but the President’s party is opposite, veto power of the President is the stumbling block;

§  When the President’s party has also majority in both the Houses, the decisions may go fast but may tantamount to tyranny by majority.

Increasingly, huge amounts of money are spent by each party and its donors at every presidential election.  Money spent is mostly on commercials on character assassination of the candidates or on distortion of facts and their interpretations.  At each election, the split in society increases and the cleavage between the parties is sharpened and deepened further minimizing the chances of compromises in congress proceedings.

While representation of all interests is important, timely and quality decisions requiring sharp analysis or strategies to promote national interests cannot be expected from a large body like congress, even when they arise out of compromises.

The two Houses only delay or create a deadlock in the legislative process, without ever adding any quality to the outcome by duplication of representation.

The president, as a partisan person, is not willingly accepted as Head of the State by the opposite party.  As a result, the President cannot have the secured prestige necessary for the Head of the State.

In view of the preceding discussion, it is recommended:

·        Abolish the Senate.  It is a duplicate representation giving disproportionately higher weight to the smaller states. It is an expense at elections and for its maintenance to the taxpayers, causing the disadvantage of delays and deadlocks in the legislative process.  It does not temper down the passions of the House of Reps, it adds even its own passion in the legislative process.  It has long outlived the purpose for which it was established.  In some other democratic countries, unicameral (single legislative chamber) congress performs much better to the satisfaction of the people.

·        Establish a 15-member Supreme Council, elected by the House of Reps on a 6-year term, one third retiring every two years, like in the Senate.  The Supreme Council may elect its president and vice-president on a 2-year term.

·        Abolish the current partisan positions of the President and the Vice-President and transfer all their powers and duties to the president and the vice-president of the Supreme Council, except for the veto power.  All powers of the Supreme Council president may be subject to the approval of the Supreme Council;

·        Members of the House of Reps may have a 6-year term, with one third retiring every two years, like in the Senate;

·        The House of Reps may act as advisory body to the Supreme Council, no longer as a legislative body where compromises are difficult to achieve;

·        The Supreme Council may have integrated powers of the House of Reps, the Senate, and the President to enact laws and or amend the constitution at its own initiative or upon the advice of the House of Reps;

·        Establish a non-partisan, professional Research & Development Organization on public affairs for the benefit of feed back to the Supreme council.