Suspicion of guilt by association does not have to await publication of the Vohra report; the public presumes such guilt. As the honourable judges put it, in our times, it is widely acknowledged that democracy in India has not risen up the high expectations which heralded its conception. That was diplomatically put; the public's disappointment has nothing to do with high expectations, but is based upon the failure of politicians to ensure the rudiments of decent administration. The nexus between politicians and criminals is only the tip of the iceberg; far more serious is the fact that the people regard the politicians' performance as criminally incompetent.
The politicians have their own point of view. It is reflected in the present government's efforts to bring the appointment of judges under its control, to exempt politicians from the anti-corruption laws, and to excuse the corrupt ministers of the last government for their misdeeds.
It is not that judges don't take drastic administrative action, be it on closure of polluting activities, or on delaying construction of dams, with not a thought for the cost to the government or sufferings of the people involved. But when it comes to disciplining politicians, the courts are much more circumspect. True, they have acted expeditiously and decisively where politicians were involved in corruption and crime; but beyond these strictly illegal activities, they have handled politicians with kidgloves.
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The judgment on the Vohra committee's report is a good illustration. The investigating agencies, from which the committee got its facts, did not make irresponsible allegations; they reported on cases where there was a definite nexus. And yet the Supreme Court hesitated in making the report public. The Supreme Court was obviously sceptical on action being taken on the report if the process remained under the control of the politicians; it said that the cabinet secretary was the wrong person to be entrusted with the task. So it asked for an independent body to be set up which would enjoy the people's trust.
Such a body does not and cannot exist, for public trust in this country is no longer inherited: it has to be earned. It is not an independent commission that needs the trust