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.