Mint 29 Sep 14 Illustration: Jayachandran/Mint
The conviction of J. Jayalalithaa by a trial court is a legal landmark
It took 18 years for a trial court to convict J. Jayalalithaa—chief minister of Tamil Nadu—in a corruption case. This is a first for Indian law. The trial, based on evidence running into thousands of documents, would have been faster were it not for the dilatory tactics of her lawyers. Had the Supreme Court not outlawed a crucial section of the Representation of People’s (RP) Act 1951, Jayalalitha would have continued as chief minister, making a mockery of the law.
Jayalalithaa has been convicted for having assets more than her lawful income. The allegation that she personally held assets worth Rs.54 crore was proved. She has been fined almost double that amount. These illegal assets are in danger of being seized by the court. The period in which she accumulated this pelf was 1991-1996 when she was chief minister. The charge sheet in the case was filed in 1997 but the corruption charges were filed only in 2001. Another five years passed before the Central Bureau of Investigation (CBI) submitted all the documents.
Indian politicians have been tried for corruption for long. But the process has gathered steam since the trial and conviction of the late prime minister P.V. Narasimha Rao in a bribery case in 2000. He was later acquitted on appeal. In the years that followed, a large number of powerful regional leaders—fromLalu Prasad Yadav to Om Prakash Chautala, both former chief ministers—have been convicted and barred from active politics.
If one is to understand why it took so long for cleansing to begin in Indian politics, a longer view of what has been happening is necessary. One can safely say that protections for corrupt politicians were built into the law almost from the start of the republic. Enacted in 1951, the Representation of the People (RP) Act allowed a 90-day window for convicted legislators to appeal. Once an appeal was lodged, the legislator was protected from disqualification until the appeals process was over. Because of the procedural complexities of Indian law, this could take even decades. The cost to public life was heavy. Any person who has even a shadow of doubt over his character should not be a representative, let alone hold public office. The original protection was thus abused to the hilt by later generations of Indian politicians who did not have the idealism and commitment to public life of the founders.
Since 1991, as the Indian economy liberalized and the government began a slow withdrawal from engaging in economic activities, a tandem process of reduction of discretionary powers and political privilege also began. The latter process is extremely slow and painful for ordinary citizens. The culture of political entitlement, which has totally taken over the culture of idealism in Indian politics, is still very strong. But in recent years, the apex court and public resistance have chipped it to an extent. In 2013, the Supreme Court held section 8(4) of the RP Act, the original protection for convicted lawmakers, to be unlawful. Within no time, the Union Cabinet, under one of the most corrupt governments India has known, decided to amend the law and restore the protections. It had to back away due to the public outcry that followed.
Cleaning Indian politics of corrupt politicians will take a lot more than a couple of laws and court judgments. The procedural aspects of the law are so cumbersome that unless they are drastically simplified at the trial stage, the deterrent effect of the apex court’s fine judgements will be weak. For example, the other side of the equation—investigation and prosecution—continues to remain in the hands of politicians. It is largely in those cases where the courts have taken over the investigating machinery in their hands that successful convictions have been seen. For the courts to take over the investigations totally in their hands can create problems that are yet to be seen. One way out could be to create a class of special investigating magistrates who have all the requisite powers and tools to chase the corrupt. A model to work on is the one to be found in a country that greatly resembles India in terms of corruption in its politics: Italy.
