Reforms panel comes out with its version of utopia

The Administrative Reforms Commission (ARC) has recommended wide-ranging powers of appointment and removal of judges to be delegated to a collegium called the National Judicial Council (NJC), comprising the PM, the Speaker of the Lok Sabha and other members of civil society including members of the executive and legislature.

This will have the effect of taking away the power of judges to appoint other judges. The Vice President should head this body, the commission recommends.

In its fourth report on 'Ethics in governance', which was submitted today, the Commission said the NJC should be authorised to lay down a code of conduct for judges, including the subordinate judiciary.

The 263-page report presented to the prime minister by the commission's chairman M Veerappa Moily suggests that the task of recommending appointments of Supreme Court and high court judges should be entrusted with the NJC, which should also be empowered to enquire into alleged misconduct and impose minor penalties. "It can also recommend removal of a judge if so warranted," it said.

The Commission also recommends keeping the PM out of the jurisdiction of the Lok Ayukta, but that there should be a national ombudsman called the Rashtriya Lok Ayukta. It also wants the system of getting prior sanction for prosecuting public servants for possessing assets disproportionate to their known sources of income, done away with. A Serious Frauds Office should be set up to investigate financial embezzlement of over Rs 10 crore or having widespread public concern or involving international dimension.

It has also suggested that the MP and MLA Local Area Development Scheme should be dispensed with.

All these recommendations arise out of cases of corruption in all these schemes.

On the politically sensitive issue of office of profit, the Commission suggests that the law be amended to define office of profit and no legislator should be allowed to hold offices that involve executive decision making or control of public funds.

But, the report says, if a serving minister heads organisations like the Planning Commission, where close co-ordination is needed with the government, it shall not be treated as OoP.

In a far-reaching recommendation, which is unlikely to be palatable to people's representatives, the Commission has recommended abolishing MP and MLA Local Area Development schemes, as the schemes not only infringe on the rights of local government but also lead to conflict of interests that arise when legislators take up executive roles.

The report says the issue of disqualification of members on grounds of defection should be decided by the President or Governor on the advice of the Election Commission, and not the presiding officers of the legislatures.

If one or more parties in a ruling coalition realign midstream, then their members must seek a fresh mandate because the ethics of coalition government were "seriously strained" when the parties changed partnerships mid-stream and new coalitions were formed, "primarily driven by opportunism and craving for power".

It recommended a system of partial State funding of elections to reduce the scope of illegitimate and unnecessary funding of expenditure.

While recommending an immediate law for protection to whistle-blowers, the Commission also favoured turning into a criminal offence, harassment or victimisation of whistle-blowers.

The Commission has also sought amendments to the Prevention of Corruption Act to provide for a special offence relating to "collusive bribery". The punishment for all such cases should be double that of other cases of bribery, it emphasised.

'ETHICS IN GOVERNANCE' says...

Constitution should be amended to provide for National Ombudsman, called Rashtriya Lok Ayukta. The PM should be kept out of its jurisdiction.

Prior sanction not a must to prosecute public servants charged with possession of assets disproportionate to their known sources of income

A National Judicial Council, with the Vice-President as its chairperson, to lay down a judges' code of conduct.

A Serious Frauds Office to probe financial embezzlement of over Rs 10 crore.

The MP and MLA Local Area Development schemes should be abolished

If one or more parties in a ruling coalition realign midstream, then their members should seek a fresh mandate.

The electronic media should evolve a code of conduct and a self-regulating mechanism