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Thursday, September 30, 1999
Aya, Gaya Lokayukt
It is no surprise that the state which contributed Aya Ram, Gaya Ram to the country's political lexicon should be the first to witness the sack of a Lokayukt preceded by the scrapping of the enactment that created his constitutional post. The point is not just that Haryana's politicians have not stopped playing their games with each other that recognise no inconvenient rules. It is that Om Prakash Chautala has thrown a challenge not only to political opponents but to the entire system. The Chief Minister has not merely settled scores with his predecessor, responsible for the state's Lokayukt Act and the appointment of Ishwar Prakash Vasishth as the first occupant of the august office. By replacing Bansi Lal, Chautala has not earned the right to repeal a legislation in utter disregard of the due process of law. The majority mustered for the Indian National Lok Dal government, certainly, did not give it the mandate to breach so blatantly the provision of the Act, prescribing a two-thirds backing in the stateAssembly for its repeal, and to bypass it through the stale device of an ordinance. This was an indispensable provision, if the enactment was to ensure the endurance and effectiveness of the ombudsman. Neither law nor convention really allowed the summary dismissal of Vasishth, a sitting high court judge, after his nine uneventful months in office that could have conceivably yielded no cause for legitimate complaint.What Chautala has against Vasishth would seem to be little more than the fact that Bansi Lal was for his appointment. The other arguments of the Chief Minister could not be more obviously untenable. Few, for example, will believe that the Act was removed from the book only because of a bunch of ``infirmities''. The logical course for his government would, then, have been to try and amend the law. Nor will many be taken by the promise that a committee set up under a retired high court judge will lead to a new Lokayukt Act that will measure up to the exacting ethical standards of the man fromMeham. More will see this committee as a ploy, like many a similar body within the purview of the Parkinson's Law, to put off official action. What the episode reveals is that the enactment may indeed need an important amendment, though not the kind Chautala may have in mind. No such office can really serve its avowed purpose, if the rulers of the day are not denied the power to influence it disproportionately. A case can indeed be made out for reserving the least share in the power of appointment to the Lokayukt for the political executive. Substantially, that power should be entrusted to an independent panel, with a place for the parliamentary opposition and the judiciary. A Lokayukt that is largely the creature of governments cannot command public respect and confidence. It must be hoped that the Haryana regime has not set a precedent for the rulers of other states to follow. The demand for the institution of Lokayukt derives from the democratic aspiration for purity in public life. The common people,who have ceased to regard corruption as the privilege of their elected masters, have a right to the real remedy. The Chautalas of the land should not be allowed to shortchange them. Copyright © 1999 Indian Express Newspapers (Bombay) Ltd.

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