SHRI SOMNATH CHATTERJI DELIVERS THE D.P. KOHLI MEMORIAL LECTURE: CALLS FOR ADEQUATE LEGAL PROVISIONS FOR DEALING WITH UNRULY MEMBERS

New Delhi, 28 April, 2005

The Speaker of the Lok Sabha, Sh. Somnath Chatterjee today called upon all concerned to ensure that the Country’s Democratic institutions, particularly Parliament and Assemblies, collectively function and the individual members discharge their duties in a dignified manner as the custodians of the people’s faith. While delivering the " D.P.Kohli Memorial Lecture" organised by the CBI in honour of its founding Director on its 42nd anniversary here, Sh. Chatterjee said that the country’s laws should also contain adequate provisions to deal with legislators who fail to live up to the expectations of the people and indulge in demeaning behaviour ignoring norms of probity and rectitude. He urged all to consider whether people should not be given the right to recall their representatives, if the situation so demanded.

The Speaker said that legislators in our country have the special responsibility of respecting adequately and faithfully the verdict of the people, who are the real masters in a democracy. If they themselves show lack of effective and dignified commitment to parliamentary behaviour and are perceived to be self-seekers and unconcerned about the discharge of their responsibility, the people, specially the youth, who are our future leaders, will lose faith in the system as a whole, resulting ultimately in total chaos and, in turn, will be the harbinger of authoritarianism, Shri Chatterji said.

The Lok sabha Speaker said that democracy becomes meaningful only when enabling social, political, economic and legal conditions are created wherein people can exercise their rights and they are free from fear and want. "But, we must ask ourselves whether, over the years, we have come out successfully through these tests during the process of democratization, as envisaged by our Constitution, and how far we have been able to honour the commitments we made to our people", he questioned.

Shri Chatterji said, "We need to practise cooperative federalism to make for reconciliation of the urges and aspirations of the people where the Centre and the States would work in cooperation and consultation with each other in the interest of the people and preserve the unity and integrity of the country. I would attribute the lopsided development in the country to our imperfect federal structure and unbalanced distribution of powers between the Centre and the States". He said, "It is high time that a closer look is given to this crucial aspect. Good governance practices demand that meaningful and effective autonomy is given to the States so that they come out with their own policies and programmes and raise their own resources.

Talking on globalisation, the Lok Sabha Speaker said "we would do well to guard against its negative impact. While we go in for economic reforms, we should ensure that such measures are consistent with our national interests and are implemented with a human face".

The Minister of State for Personnel, P.G. and Parliamentary Affairs, Sh. Suresh Pachauri said that his Government would take necessary measures to enhance the efficacy of CBI to strengthen the enthusiasm, initiative and enterprise of its staff. Sh. Pachauri said that his Government will ensure that CBI soon has its own building for its headquarters. He further said that the agency’s proposal to grant 25% special allowance to officials of certain ranks of CBI would be taken up by him with the Prime Minister. Sh. Pachauri said that in a democratic polity, institutions that ensure transparency in the public administrative set-up are a necessity and added that over the years CBI has gained the trust not only of the executive, parliament and judiciary but also the people of the country.

The Central Vigilance Commissioner, Shri P. Shankar said that the Commission( Central Vigilance Commission) is conscious of the need to give CBI full freedom in the investigation of cases under the P. C. Act. He said that the Commission’ concern has been more of delay in investigation. Shri Shankar said it has always waited for the CBI to inform it of any need for the Commission’s intervention where the agency felt constrained in any manner and such a situation could be retrieved under the CVC Act. Shri shankar said that Institutions such as CBI and CVC are not constitutional institutions but creations of the statutes of Parliament. He said that 55 years ago when the constitution was adopted, there was perhaps no conscious recognition of any external threat on autonomous organisations including investigative agencies like CBI and CVC, hence no thought of explicit mention of autonomy and insulation. But, he said, over the years things have changed and ultimately Supreme Court in the Vineet Narain Judgement spelt out the need to have such insulation explicitly provided through legislation in the case of CBI. He further said that such an explicit statement needs to be understood in the proper perspective and spirit not only by CBI and CVC but also by the legislature and the political executive.

The Director, CBI, Sh. U.S.Misra said that there has been cancerous growth of corruption in the country in the last 50 years and the idealism generated during the freedom struggle has waned considerably leading to corruption. Sh. Misra said that within the constraints of present legal system of the country, CBI has done yeoman service by detecting and investigating corruption in high places. He said, during the past couple of years, CBI has devised a strategy of Special Drives wherein simultaneous searches are conducted all over the country against corrupt officials and claimed that the strategy has had a definite impact on corruption.

As a Law Enforcement agency, Shri Misra said, CBI has also come under intense critical review of public, the media and judiciary. He lamented that on occasions, CBI is unjustly criticised for alleged lapses without realising that it is just one facet of the Criminal Justice System. He pointed out that even the most thoroughly investigated case can be adversely affected due to delays inherent in the trial process. However, he said he would have no hesitation in saying that despite occasional shortcomings, CBI enjoys high credibility among citizens of this country.