Anti-corruption commission in the offing

At last we are going to have an anti-corruption commission in place of a department or a bureau and that too not as an appendage to the PMO. But while the commission is an improvement over its predecessor, the BAC, which had been hampered by the fact that it operated under strict government control and dogged by allegations of partisanship, the bill as passed still retains provisions that call into question its likely effectiveness.

Under the framework set out by the new law, a five-member search committee will come up with a panel of six nominees, of whom three will be appointed commissioners by the President.

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There is no scope for opposition party participation in the selection process, although the previous idea of associating ministers has been dropped. The bill allows for the appointment of a search committee that might be stacked with government favourites. Altogether, the new body could be susceptible to government influence.

The final selection of the three commissioners is to be made by the President who is constitutionally bound to act on the advice of the PM. In addition, it is unclear as to what extent the commission will retain financial autonomy from the government. The latter's control over its budget could dilute its functional freedom.

However, the biggest question about the effectiveness of the new body comes from the fact that the government can withdraw any case against any person at any time. So, where lies the independence of the commission?

The whole point of this exercise was to create an anti-corruption commission that would be impartial, non-partisan and above politics. The introduction of bipartisan element into the body would not only make it independent and impartial but also self-sustaining and enduring beyond the five-year terms of governments. Let's endeavour to perfect the proposed body before it comes into operation.