Tuesday, October 3, 2017

Not Republic Of Fifth Column But Culture Of Transparency

"Will leveraging contemporary technology to bring citizens face to face with governance help?"
By Sudhansu Mohanty

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This article is the final installment in a 3-part series about Ethics in Public Governance by the author, Sudhansu Mohanty.

Pause and run the proposed PPP model through a patient’s/caregiver’s lens. The usual gripe against private hospitals holds: all-round over-invoicing, billowing especially during ICU stays when patients are out-of-bounds for caregivers; blood drawn many times over at the same time, expensive medicines administered on the same day/time that impugns maximum prescribed doses; generic drug not administered even when available and branded ones used instead; wanton diagnostic tests, and a plethora of other glaring incongruence that breaches every known medical ethics and moral vocabulary. Hospitals claiming to touch people’s lives indulge in every possible shenanigan and skullduggery to maximise profit. The list is endless. Healthcare today is a smart industry and health-tourism is the buzzword. “Practice two things in your dealings with disease: either help or do not harm the patient” – a part of the Hippocratic Oath – has evanesced, long forgotten. I feel queasy.
Cut to the chase for poor patients. “There will be no reserved beds or no quota of beds for free services,” says the Niti Aayog. “The State Government can refer as many patients as it can up to the capacity available in the Project facility.” How on earth is that going to happen without funds in the government kitty? In effect, the patients fall back on the PHC – now rendered more decrepit before the other PPP-half – for lesser mortals. Two treatment standards, we’re back to square one – India and Bharat!
Interestingly, on the issue of coronary stents brought out in Part-II of this seriesyesterday, with companies manufacturing coronary stents in India reportedly creating an artificial shortage in market/hospitals in the wake of price capping in February 2017, the Department of Pharmaceuticals (DoP) has, in its order of September 27, 2017, invoked Section 3 (i) of DPCO, 2013 that empowers the Government to “achieve adequate availability and to regulate the distribution of drugs, in case of emergency or in circumstances of urgency or in case of non-commercial use in public interest, direct any manufacturer of any active pharmaceutical ingredient or bulk drug or formulation to increase the production and to sell such active pharmaceutical ingredient or bulk drug to such other manufacturer(s) of formulations and to direct formulators to sell the formulations to institutions, hospitals or any agency as the case may be.”
The DoP has directed the companies manufacturing coronary stents in India to:
  • Maintain production/import/supply of the coronary stents;
  • Submit a weekly report on coronary stents produced and distributed. They will also submit a weekly production plan for the next week to NPPA and DCGI.
The DoP has also empowered NPPA and DCGI to extend these directions to any other producers of coronary stents in India during this three-month period. This order will be valid for three months (except for Absorb Classic BVS and Absorb GT I BVS stents of Abbott Healthcare) and NPPA and DCGI will recommend withdrawal or extension as the case may be, two weeks before the expiry of the period.


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Related: Openness In Judicial And Corporate Governance by Sudhansu Mohanty


Abbott’s (one of the global behemoths in healthcare) Absorb and Absorb Gt1 Bioresorbable Vascular Scaffold (BVS) is another dodgy saga with safety concerns and issues of clinical trial red-flagged by drug regulators across the world, among them the US, EU, Denmark, Japan and Australia, as widely reported in the media. Adding to this in India was their reluctance to comply with NPPA’s price cap order. To quote a Times of India report of early-September 2017: “A few cardiologists in India, closely identified with promoting these stents, had opposed price control of bioresorbable stents, which sold at about Rs 1.9 lakh before the Rs 31,000 cap imposed by the drug pricing authority. In the US, the price was about $1,500 or about Rs 1 lakh and in Europe it was even lower at about 900 Euros. The use of bioresorbable stents in India was more than five times as high as in developed countries, but there has been no investigation into the safety of patients implanted with these devices.”
Two other different, but related, issues suck. Recall the substantial increase in the Mediclaim premium this year over last year’s rate. So, either the citizen pays directly or the government pays courtesy citizen’s taxes. Add the draft pharmaceutical policy by the department of pharmaceuticals now in the works, with focus not on controllingbut on regulating drug prices – quite in line with the Aayog’s proposal to delink the Drug Price Control Order from the National List of Essential Medicines – and you’ll wonder if World Bank’s unseen hand isn’t on an overdrive. Sylvia Karpagam in a recent piece in The Wire has shown the abysmal failure of the PPP model in Rajiv Gandhi Super-Speciality Hospital for tertiary care in Karnataka’s Raichur district and theKaruna Trust for 80 primary healthcare centres across eight States. Intuitively, our Indian healthcare and compassion – a baffling mix of the sublime, the profane and the gratuitous (avarice) – in times of madcap upward material mobility in a consumerist era trumps doctors’ nobility towards patients. Hippocratic Oath is out the window!
My much-harried friend and batch-mate, a Chief District Medical Officer and a subject specialist, works round-the-clock and earns salary that is less than my government pension. Little wonder the rampant absenteeism of government doctors lies in poor remuneration and the urge to indulge in private practice at sufferance of their job responsibility. Couple this with bureaucratic supremacist spirit – a colonial legacy that epitomises our feudal mindset – which belittles their human dignity, and you’ll appreciate their callousness.
The way to go is to incentivise them “commensurate with existing market conditions” (Aayog’s words, not mine!) and create facilities that private entities would with PPP-pinned funds, rid the chalta hai attitude, invoke an arm’s length system to transparently and measurably monitor, and hold them accountable, and watch the changes. I see no reason why, in the same district locale, they’ll bite WB-Aayog’s PPP bait, not the socially-inclined and socially-respectable governments. With doctor’s commissions for diagnostic tests/procedures de-incentivised, the patients will likely be spared the fleecing that many corporate hospitals indulge in today. And compassion will likely coalesce with healthcare; doctors will heal patients – those God’s children on a worldly visit!
This is yet far from complete. For, unsurprisingly, we have lately added another, a fifth estate to our democratic construct not limited to the putative fifth column of immorality and post-truth – beyond the bought-out press, paid news, fake news, advertorial news – that Gauri Lankesh’s death has driven home: ELIMINATION! No need for hyperventilation in entrepôts of raucous cacophony in select TV studios; extirpate the root, so that the voices of such humans are shushed for good. And all this in times of smart histrionics, of bluff and bluster spoken in high octaves! Goebbels sure will be turning and blanching in his grave for his lack of innate smarts! Are we now living in a new Republic of the Fifth Column! Pity the protagonists do not realise ideas are bullet-proof, amenable to traversing time, space and distance – there for keeps!


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Related: Propriety Is Key To Citizen’s Quality Of Life by Sudhansu Mohanty


Academic plagiarism has assumed menacing proportions. The cases are galore – with the list bearing names of many eminences conferred with Padma awards and more. Modesty forbids me from spelling out the names and their tales. But I must state what I, as a member of the UGC-appointed Committee, recently witnessed firsthand: how plagiarism by the former VC of Pondicherry University (subsequently dismissed) has wrought irreparable damage on a university. The malaise is all over. One wonders how much with growing awareness and vigil, plagiarism detection tools like Turnitin and Copyscapes et al, can fix this malaise.
I am inclined to believe (now more or less convinced) that perhaps the deterrence to such potential recklessness lies in tightening governance’s value system. Maybe, an arm’s-length system and an Ombudsman to oversee operations coupled with zero-tolerance to dishonesty and corruption are necessary to bring about ethics in public governance. Yet, given extant obfuscation and opacity, will it be enough to stymie unholy impulses? Will leveraging contemporary technology to bring citizens face to face with governance help? Will such an interface, not ex-ante but ex-post ‘oversight’ governance, aid stakeholders to see for themselves the processes and rationale of decision-making that is already available under Section 4 of the RTI Act, 2005, as proactive disclosure. Never mind the Delhi High Court’s ruling keeping the Attorney General out of the RTI’s purview and the Supreme Court remaining implacably opposed to render itself transparent on personal details of public interest, as evidenced in smothering CIC’s order to part with information under the RTI Act.
Is transparency, then, the answer? Will it help to offer on a platter official document in public domain post-decisions for citizen ombudsman? Will the fear of exposé – disciplinary action and social disapproval for “wrongful acts” – deter unsavory impulses? Possibly, yes; no one likes to be proceeded against; we live on self-respect and dignity amid a 24/7 media. We’ve the technology and we’ve the besetting issue of dishonesty that refuses to die. Sunlight, it seems, is the best and maybe the onlydisinfectant for public acts.
At the cost of sounding presumptuous, I would say en passant that when I took over as the Controller General of Defence Accounts to helm the Department looking after the financial management and internal audit of the entire Government of India defense budget outlay of approx Rs 3.4 lakh crore, I invoked transparency. All relevant official documents, all pesky issues of officers’ placement and spends from taxpayers’ money were uploaded. It was bloodless; but it had a magical effect. Disaffection with placements was eliminated, with the networkers exposed and running for cover; unnecessary, wasteful expenditures were arrested, with everyone privy to ways of the corrupt and the nepotistic; and with each checkmating the other. Alas, once I moved over to the Ministry of Defence, transparency was given a royal heave-ho and opacity granted its pride of honour!
Leveraging technology to invoke openness and transparency is an option – a culture of transparency seems the viable answer to curb corruption in public life. But it is nuanced, multilayered. It’ll need tempering through accountability, an effective check and balance mechanism, an arm’s length system not open to tweaking by any public functionary, not to forget public discussions to rework and re-engineer the entire architecture of governance processes to introduce the moral vocabulary sorely missing in public governance. Be you ever so high, the law is above you, as the 17th century English church man and historian Thomas Fuller would say. It’ll take time but a beginning must be made. Political will is the key. But will that be forthcoming? And I wonder how relevant our experiential existential formula is today: Experience = CL (Capacity to Learn) x DL (Desire to Learn) x No. of years of service!
(Reproduced from Indus Dictum)

Sunday, October 1, 2017

Openness In Judicial And Corporate Governance

"Eminent Indian lawyers view that video recording of the Supreme Court proceedings will help the common man to view justice delivered live, giving full expression to their fundamental right."
By Sudhansu Mohanty

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[… continued from Part-I]
Developments in the last few days though have been very disturbing. Justice Jayant Patel, the senior-most puisne judge of the Karnataka High Court, who ordered CBI probe in the Ishrat Jahan case, has put in his papers in the wake of his transfer to the Allahabad High Court, ostensibly for overlooking him for appointment as Chief Justice of a High Court despite his seniority. Justice Jayant Patel has done the most honorable thing by putting in his papers. A High Court judge for close to 16 years – appointed in December 2001 – the treatment meted out to him is unfortunate. After having acted as the officiating Chief Justice of the Gujarat High Court for 7 months from August 2015 to February 2016, it would have been appropriate to appoint him as a Chief Justice of a High Court. Instead, first he was transferred to the Karnataka High Court in February 2016; and now after being a judge for 17 months in Karnataka High Court and just 10 months away from retirement, he was transferred to the Allahabad High Court. His is quite similar to 1973 and 1977 cases of supersession of Supreme Court judges in the wake of judgments in Keshavananda Bharati (1973) and ADM Jabalpur(1976) cases respectively – the only difference being that the Ishrat Jahan case is not as recent as the earlier two cases vis-à-vis the supersession dates. But memory is long and it pays not to forget! This shall doubtless go down as yet another sad day for the Indian judiciary.
But the appointment procedures were different in the 1970s, when it was entirely in the hands of the executive. Things changed with the introduction of the collegium system. The apex court asserted its primacy in the NJAC case. But to what effect? This one unquestionably is a complete failure of the Supreme Court collegium; it has failed to assert its independence by completely surrendering to the rampaging executive! Can one read any meaning to this? He had directed CBI investigation in the Ishrat Jahan case, and had also monitored it for 6 months and is there anything one can infer? This is more a failure of the higher judiciary (compared to earlier occasions in the 1970s) than as a triumph of the executive. The judiciary buckled, thereby ensuring executive’s supremacy! Rather ominous for the nation and the rule of law.
It is just as well that Dushyant Dave, the respected Senior Advocate in the Supreme Court has come out strongly against the failure of the collegium in the following words:
“Justice Patel’s resignation is a reflection on the vindictiveness of PM Modi and BJP President Amit Shah. It is a sad reflection on the so-called independence of the Collegium which failed him and the judiciary by compromising with the Executive and agreeing to bypass him with juniors being elevated. The conduct of Collegium shows that their words in NJAC judgment are totally hollow.
Justice Patel has come out like a shining star while those who participated in his ouster have come out as small men. I salute Patel J. and extend my warmest wishes for happiness that he deserves which he can only find according to him, outside judiciary. Hope this raises a real debate on functioning of collegium and the injustices perpetrated by it.”
More than 200 lawyers of the Karnataka High Court have signed an open letter to the Chief Justice of India against the transfer and supersession of Justice Patel. They have also decided to strike work on October 4, 2017. Even the Gujarat High Court Advocates Association has passed a resolution to file a petition in Supreme Court challenging the transfer of Justice Patel from the Karnataka High Court to the Allahabad High Court. But what’s going to come off it? Your guess is as good as mine.
In the US, the President nominates and the Senate recommends after elaborate scrutiny by the Senate Judiciary Committee composed of lawmakers from both parties. It’ll be worth emulating the US practice with appropriate changes, which will likely inject transparency in higher judicial appointment. The same method could as well be followed for other constitutional and statutory offices, like CIC/ICs, C&AG, CEC/ECs etc.

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Related: Propriety Is Key To Citizen’s Quality Of Life by Sudhansu Mohanty

Move over to another aspect: Live Streaming of Court proceedings. Strange as it may sound, it is the US Supreme Court Justices who have opposed cameras in the courtrooms. Eminent Indian lawyers though view that video recording of the Supreme Court proceedings will help the common man to view justice delivered live, giving full expression to their fundamental right as guaranteed under Article 19(1)(a). Justice delivered in real-time from the judges’ mouth and not from Twitter! We are a mature democracy. Regardless of whichever part of the “globalville” we live in today, live-streaming will educate an information-hungry nation on issues that affect them intimately. It would mean doorstep delivery of justice, apart from being user-friendly, as we witness history being made in front of our eyes. It would also promote transparency and accountability in the administration of justice and inspire confidence in the judiciary. The cliché of “justice must not only be done but also seen to be done” will ring truer.
Several eminent lawyers opine that “other than criminal cases and family law where the privacy of an accused is compromised or a family dispute is required to be protected by privacy”, all other cases of constitutional importance could be live-streamed. Imagine viewing live the hearings in the Triple Talaq and the Right to Privacy cases. All the more reason since the Lok Sabha and the Rajya Sabha proceedings are streamed live. Recall the much-loved, much-WhatsApped Caught in Providence Chief Judge Frank Caprio, in An Honest Boy: I love this Judge. Imagine the good that tiny clip can do to society. Much like tele-medicine benefiting patients in far-off places, live-streaming of court proceedings will, too.
Look around the corporate world and take one recent issue pertaining to reduction of price of stent in private hospitals. In February 2017, the National Pharmaceutical Pricing Authority (NPPA) had capped the price of bare metal stents at Rs 7,260 per piece, and of drug-eluting and biodegradable stents at Rs 29,600 each. It was slightly increased to Rs 7,400 and Rs 30,180 respectively in March, after adjusting with the latest wholesale price index (WPI). Seven months after the government capped the price of coronary stents, leading to a cut in their price by about Rs 1 lakh, the hospitals are yet to reduce the package cost of an angioplasty – a procedure in which a stent is used to open a narrowed or blocked artery to improve blood flow. Insurance companies say that the expenditure for the procedure hasn’t seen a corresponding drop. Though the overall cost of an angioplasty is said to be cut by Rs 30,000-40,000, in reality the cutback in stent costs has been offset by an increase in the cost of other components for the procedure. How ethical is that? Doubtless, the hospitals need to be more transparent. Hospitals should make a profit, not a king’s ransom. Fair pricing, transparency is the need of the day.
Another correlated issue sucks: Niti Aayog’s recent Three Year Action Agenda, 2017-18 to 2019-20 on Access to Medicines. To say the least, it is disturbing. “A balanced approach towards regulation is needed for achieving the twin objectives of access to effective medicines and a strong pharmaceutical industry,” so says the Agenda document. “There is a trade-off between lower prices on the one hand and quality medicine and discovery of breakthrough drugs on the other. It is therefore recommended that the Drug Price Control Order may be delinked from the National List of Essential Medicines.”
The Prime Minister and the Health Minister speak in one voice to reduce cost of medicines and plugging for generic drugs as the Niti Aayog speaks in another nuanced voice! Essential medicines, says the WHO are “those drugs that satisfy the healthcare needs of the majority of the population; they should therefore be available at all times in adequate amounts and in appropriate dosage forms, at a price the community can afford”. While the National List of Essential Medicines (NLEM) is a list of essential medicines in India prepared by the Ministry of Health & Family Welfare, the Drug Price Control Orders (DPCO) are issued by the Government under section 3 of the Essential Commodities Act, 1955, to enable the Government to put a ceiling price for such essential life saving medicines and ensure that these medicines are available at a reasonable price to the general public.

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Related: Oblong Arm of the Law by Sudhansu Mohanty

That said, it might sound paradoxical to say that while generic drugs should be the order of the day, in today’s India few generic drugs pass the quality test. The 1980s and 1990s was a time of the generic drug “robber barons” thanks to poor laws and populist aspirations of the then governments bent on low drug prices sans quality of drugs. Little wonder India, though placed 4th in global generic drug market, has earned the ignominy of manufacturing 75 percent of world’s counterfeit generic drugs, soaring high above Egypt with 7 percent and China with 6 percent.
To be fair, the government indeed has, in April 2017, made changes to the Drug and Cosmetics Act of 1940, making it mandatory for genetic drug manufacturers to submit Bioequivalence (BE)/Bioavailability (BA) study reports for approval as against the earlier practice of merely submitting the BE/BA reports for genetics of patented drugs in the first 4 years of introduction. Nothing more is asked of them, thus making it a field day for genetic drugs to flood the market. Once in an indigo moon the finished drug was submitted for testing at the Central Drugs Standard Control Organization (CDSCO). Little wonder barely that 0.01% of the genetic drugs in the Indian market are tested for its potency and efficacy. So the amendment to the Drugs and Cosmetics Act (1940) is a welcome development. But the issue now is one of regulation and implementation. Anyone who has worked in the government knows its innards. The system is so apathetic and opaque that a complaint of poor/inadequate potency will keep meandering about in the corridors of government Bhavans; the callousness of our Brother Babus is phenomenal!
There can be no two views that the need is to increase the number of test labs all over the country in government medical colleges, increase the number of pharmacists/pharmacologists, put a strict testing process in place, and go transparent with test results by uploading them in public domain. Any complaint from a consumer must be attended to with a sense of immediacy and the same too put out on the website. But will the government bite such “dangerous” transparency that will jeopardise big pharma companies’ interest? I doubt if this will happen. To expect the government to seed a billion Lokpals to oversee is a pipedream! We are then back to square one despite the recent amendment to the Drug and Cosmetics Act.
Large pharmaceutical companies invest huge money in developing a new drug; the amount could be more than US$ 2-3 billion. Naturally they will like to get return on investment – through patent and royalty. India too seeks big bang R&D in drugs, and Indian firms are interested. Perhaps that explains why the government is speaking with a forked tongue: while the PM and his Ministers speak about mandating generics, the Niti Aayog suggests “a trade-off”!
The Niti Aayog’s recent proposal to introduce the Private-Public Partnership model in select district hospitals only fortifies this suspicion. Some commentators view it “as ill-designed, driven by ideology more than welfare and a strange hybrid that has no precedent anywhere in the world, calling it strategic, bizarre or hare-brained”. The Aayog justifies space to private hospitals in “select district hospitals to private players through a transparent, competitive PPP framework for the treatment of non-communicable diseases (NCDs) by harping on failings of our publicly provided health services”, pointing at Gorakhpur tragedy. Rampant absenteeism of doctors – varying from 28 percent to 68 percent across different states – the Aayog cites copiously to show that government doctors contribute less effort vis-à-vis their private counterparts and they prefer to pontificate: Long-term measures to restructure the MCI are on anvil (Pray, who will? Remember Ketan Desai!); and observe that District hospitals will provide basic services for diagnosis and treatment of NCDs “at affordable rates or free of cost for those patients for whom the government chooses to cover” through insurance or budgetary grants. The public exchequer will pick up the insurance and reimbursement tab. How generous!
[…to be continued]
(Reproduced from the Indus Dictum)

Saturday, September 30, 2017

Propriety Is Key To Citizen’s Quality Of Life

"Serious governance deficit in Indian public policy is now a byword."
By Sudhansu Mohanty

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Today perhaps we live in the most vexing time since independence – in a societal mindset where nothing seems to work normally; where ordinary activities that shouldbe done ordinarily as a matter of routine, never get done. So seldom are such occurrences of ordinary work that when they do actually happen on those chance occasions, they truly appear extraordinary – even surreal! So rare is the issue of honesty in public life that even when we come across an honest (but inept and inefficient) government official, we applaud him for his honesty. “He’s but an honest man!” we chime incredulously. As though he’s not supposed to be honest! As though that’s what the Conduct Rules prescribe for public servants! Such, sadly, is the depth and conviction of our collective social moral depravity!
As a democracy governed by the Constitution, the rule of law with separation of powerand checks and balances and with four columns: executive, legislature, judiciary, and the media, each with its assigned role, as also to checkmate abuse of power and transgression of bounds by other columns, the dynamic action should have held to maintain social equilibrium while ensuring change and progress. What then has gone wrong?
Peel off the epidermis and see the hypodermis. The so-called dynamic action has morphed to dynamic inaction. James Boren, tongue-in-cheek once said: “When in doubt, mumble; when in trouble, delegate; when in charge, ponder. A good bureaucrat is one who cuts the red tape length-wise!” To it, add Robert Klitgaard’s formulaic solution to corruption: C(orruption) = M(onopoly) + D(iscretion) – A(ccountability). Let me wrap my ideas around these two formulae.
Serious governance deficit in Indian public policy is now a byword. Lack of transparency, age-old Indian tradition of promoting family/clan/sub-national loyalty, culture of materialism that’s gotten more pronounced with economic liberalisation in a globalised world, and the urge to get-rich-fast, are the ingrained basis for all distorted priorities. Ethics is at the heart of the problem.
A peek at the psychology and compulsions of the early man, and it’ll tell us that the raison d’être of the social compact has been smothered – in the schematic social contract versus individual aspirations construct – and individual aspirations have triumphed. True, human aspirations and ingenuity have, from time to time, trumped compacts/contracts/rules; in short, regulations have failed the smothering primordial human urge to self-aggrandise. Are there lessons to learn here?
I wouldn’t know. The world has seriously changed with the internet highway and information technology, but I clearly see the vestiges of the past still colonising, even perpetuating most public acts. If I can’t still get over the shock of what, in my bureaucratic diapers in 1982, I’d seen – of how white ants ate away roadrollers or how cyclones were “manufactured” in the trans-Himalayan belt to score off inventories! – today I see variants of the same syndrome in new-fangled avatars. It’s as though we’re twiddling contemporary technologies with feudal habits!

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Related: Push For National Integration? by Tuktuk Ghosh

Corruption, though, is not mere financial. As damaging as financial malfeasance is intellectual dishonesty, manifested in policy-making shrouded in official records. While financial misgivings are palpable, intellectual dishonesty – covert and subterranean – haemorrhages soundlessly till fixed; it skews and wrinkles public morality. The damage is incalculable. The clutch of scams and mega-scams that struck India circa 2008-12 evanesced citizen’s monk-like forbearance. Loss of taxpayers’ money apart, it showed how scams billowed to skew developmental agenda.
Propriety – financial and intellectual – is a key determinant of citizen’s quality of life. It encompasses legislation, governance, healthcare, education, commerce and business, agriculture and rural development, the justice system etc. Yet, the architecture of rule of law designed to fasten the order, often fails squelching unholy human impulses. Human nature – possessive, hedonistic, self-interested – has often trumped regulations. With the dishonest networked across professions, the countervailing institutions have failed, swaying to interest groups’ agenda. The people’s movement against corruption in 2011 for creation of Lokpal turned out a false dawn. Was it because the four pillars of democracy – executive, legislature, judiciary, and media – didn’t wish to disturb the applecart? How does such mindset affect governance?
Even 26 years post-liberalisation, the Indian rural folks still look up to government intervention for poverty alleviation. Governments hold the fund and welfare entities for the poor. For a feudal society with traditional bespoke mindset, state patronage remains the Holy Grail for majority aspirations. Nor are most men in the four organs of governance immune to quid pro quo: bought-out press and paid news; post-retirement sinecures; rewards and gratifications, are just a few examples. Socio-financial iniquities have burgeoned; unrest – born off a growing educated young middle class finding it hard to navigate opaque archaic government procedures and a corrupt officialdom in day-to-day living – leveraging technology and social media bristles asking moral questions: Doesn’t it diminish human beings? Doesn’t it breach basic human dignity?
The malaise is all-pervasive. In a way it’s natural, for regardless of profession, men are cut from the same societal cloth with symptoms of the same ecosystem. Look at the role of legislature and judiciary: Haven’t they been hubristic and for the highbrow as is often alleged, granting preferential treatment to the networked and the connected? How has the Supreme Court played its part in dispensing justice? Have judges transcended society’s feudal mindset? A host of recent cases come to mind: highway liquor ban, contempt notice to a former Supreme Court judge, national anthem case, judges seeking post-retirement employ, the delayed hearing in the Aadhaar case, to cite a few.
Restraint, rather self-restraint, is the authentic signifier of a mature institution. Absence of restraint even in the face of palpable injustice or manifest illegalities can corrode public confidence. The judiciary will do well to realise this. The rippling effect it creates in terms of revenue loss or employment as in the highway liquor ban case is simply beyond their ken to evaluate. The hubris of power to grant complete justice isn’t par for the course. Else, the very fabric of separation of power, one of the basic tenets of the Constitution, will be cast aside. For the protector of the Constitution, it is tantamount to the fence eating the crop!

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Related: Ridding Bureaucracy Of Deadwood by Julio Ribeiro

As one columnist wrote, “The judge’s role, in any version of constitutional democracy, is to be a gatekeeper of constitutional boundaries, an ever-vigilant defender of rights, not to author more restrictions on civil liberties… If this is the role judges seek for themselves, then they must make themselves accountable under judicial review. The immunity from judicial review under Article 13 is to reserve the interpretive authority of the court, given the inevitability of disagreement emerging over its interpretations, not to shield episodes of absurd judicial law-making.” Have they then been the Caesar’s wife? How does the judiciary morally explain its dueling with the executive on appointment of judges through an opaque “collegiate system” when the Constitution consciously divvies responsibility between the two to avoid monopoly of either and grant fairness to selection? How fair is that? Does it pass muster of disinterested observers and provide oxygen to public faith?
In an interesting piece in The New Yorker, Evan Osnos refers to an article “On the intersection of health and politics” published in Brain, the British medical journal in February, 2009, titled Hubris Syndrome: An Acquired Personality Disorder? One of the authors was David Owen, former British Foreign Secretary, also a physician-neuroscientist; the authors propose creation of a psychiatric disorder for leaders who exhibited “impetuosity, a refusal to listen to or take advice and a particular form of incompetence when impulsivity, recklessness and frequent inattention to detail predominate.”This seems to hold good across professions, across nations.
Historically, the United States has relied greatly on checks and balances and freedom of expression including dissent. Senator John McCain, the Republican who ran for president against Barack Obama in 2008, reinforced this tradition when he wrote in the Washington Post:
“We must respect [President Donald Trump’s] authority and constitutional responsibilities. We must, where we can, cooperate with him. But we are not his subordinates. We don’t answer to him. We answer to the American people. We must be diligent in discharging our responsibility to serve as a check on his power. And we should value our identity as members of Congress more than our partisan affiliation.”
Sardar Vallabhai Patel once said: “Today my secretary can write a note opposed to my views. I have given that freedom to all my secretaries. I have told them: ‘If you do not give your honest opinion, then please you had better go’.” True protocol prescribes hierarchies, and offices carry authority. Yet the separation of powers, the rule of law, and the equal value of human beings are fundamental principles of the Indian state, notwithstanding what we often run into in real life. This makes it important when officers and judges demonstrate loyalty to the Constitution and respect for the citizen’s fundamental rights! Justice H. R. Khanna perhaps is more well-known today for his dissent in the ADM Jabalpur case than any of his contemporaneous CJIs!

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Related: Oblong Arm of the Law by Sudhansu Mohanty

Move over and see the mode of appointment of judges in higher judiciary, which has been the subject of much debate, not to forget the NJAC case. Not too well-known though is Justice Chelameswar’s letter to the earlier CJI put out in public domain in end-August 2017 – of how successive CJIs had “treated members of the collegium as supplicants” and how ‘informal meeting’ has transformed into a collegium meeting to nominate judges to the higher courts. To wit: “It is the law of this land that no meeting can be convened without a proper notice and an agenda, be it a meeting of a panchayat board or a cooperative society or a company or other bodies, statutory or constitutional. If you (Justice Khehar) believed these collegium meetings are beyond all principles of law propounded by their court, God save this country.
“If these discussions across the coffee table are to be treated by you as meetings of collegium where important decisions in discharge of the obligations arising from the Constitution are to be taken, I feel sad for this country. But I am of the view that such a procedure falls short of the legal requirements of a meeting. I believe collegium meetings are too solemn events to be conducted so casually.”
He inter alia writes in his 12-page letter that members of the collegium “are not participants in the decision making process but supplicants” making requests to the Chief Justice. “With great respect, I must tell you that it is not so. The judgment in the second judges’ case is the law declared by this court even today. It obliges the CJI to consult his collegium, either two or four, as the case may be depending upon the purpose of the consultation. Each participant is entitled to make suggestion and objection to the proposals. It is only after an appropriate discussion any final decision could be taken – not on personal requests of members of collegium and grace of the CJI… It is this understanding of the successive CJIs that the puisne judges (senior-most judges) who are members of the collegium (for that matter even others) are lesser mortals which creates all those problems which we are going through. Chief Justice is nothing more than first among equals. The other consulate judges, whether they are members of the collegium or beyond the collegium, are equal participants in the decision-making process, entitled to make suggestions and ask for information.”
Also responding to the CJI’s veiled threat to remove him from the collegium, Justice Chelameswar was categorical that the CJI wasn’t constitutionally empowered to do so. “I do not have to cite any authority for that. The second judges’ case not only obliges the CJI to consult the members of the collegium, it also obliges the CJI to consult in certain circumstances those judges of this court who are outside the collegium but well versed with the affairs of a particular HC as and when any decision regarding that HC is to be taken.” And, on the ex-CJI’s threat to expand the collegium, he wrote, “Membership of the collegium is fixed by a constitution bench of nine judges of this court and clarified by the third judges’ case. I am astounded to know that the CJI believes that such a position could be altered by a mere administrative decision. Such an authority was denied even to Parliament by the judgment of this court in NJAC case (a five-judge bench headed by Justice Khehar had by majority struck down NJAC).” Further that if any recommendations were forwarded by the collegium without his comments and if the government acted on it, “they would be utterly unconstitutional.”
[…to be continued]
(Reproduced from Indus Dictum where it was published on Sept 30, 2017) 

Tuesday, September 19, 2017

Defence is an Important Ecosystem Amongst Many Others

I must confess upfront that I was bemused to read Arun Prakash’s piece (Agenda for the Raksha Mantri, IE/Sept 13, 2017). As a retired IDAS officer and a former controller general of defence accounts (CGDA) and a former financial adviser defence services (FADS) in the MoD who demitted office last year, let me put things in perspective.

Democracy all over the world functions through a universal principle of separation of power and a system of checks and balances to uphold the rule of law, where no organ is omniscient and omnipotent. In India, we have four columns: executive, legislature, judiciary and the fourth estate (media) – each with an assigned role to play within its legitimate bounds to checkmate the other. Embedded in each column, there's a system of checks and balances. Finance is one such. Its role is integrated but putatively adversarial (not my words but of eminent commentators), but a necessary one to carry out due diligence of taxpayers’ money. Yet, despite all such sanguine architecture to checkmate unholy impulses, we still have plenty scams, most notably the AgustaWestland helicopter scam, where one former Air Chief Tyagi was jailed and charge-sheeted. The middlemen are galore in MoD; doubtless they function with insiders’ connivance and help. Keeping procurement clean is every stakeholder’s job; and a system of checks and balances is dire.   

Prakash is right on the issue of lack of expertise and domain knowledge on the part of most bureaucrats in the MoD and this doubtless is an area that needs addressing. Bureaucrats with no idea of the vast defence ecosystem must have a first stint at Deputy Secretary/Director level – not as Joint Secretary, where work pressure is too high to leave room to learn and acquaint. Training in Defence Services Staff College and National Defence College too will help.

But his vision is blinkered on the role of IDAS officers' functioning as “Integrated Financial Advisers” in the MoD. Their role, as per finance ministry’s order of June 1, 2006 goes much beyond assisting in “budgetary planning” and in “expediting financial decision-making”. Their role as rep of ministry of finance in the administrative ministry entails examining issues from financial angle to ensure value for money and improve quality of expenditure. It’s akin to a Chief Financial Officer’s in a corporate structure: to ensure fiscal prudence and sound financial management and to accord priority to macro management in achieving the outcomes set by ministries as goals. They’re crucial for the successful planning and implementation of various schemes/projects and to ensure budgetary integrity. This needs to be understood. I concede many IFAs fail to fully comprehend their role, failing to play their role – acting more as auditors. They need to be a part of the issue/solution, not a part of the problem. But it isn’t wise to deride their role and throw the baby with the bathwater. The need to place right IFAs on merit by invocation of a transparent arm’s length system can’t be over-emphasized.

The “advise” hasn’t been abandoned. No, not yet! Even at the cost of sounding presumptuous, I’ll add that MoD (Finance) shoulders an outsized responsibility in the ministry of all four departments, all the three Services and the many inter-services organizations. It simply can’t abandon its responsibility; it’s their credo of relevance, their bounden duty. This has nothing to do with lying in ambush as “auditors” and waiting for someone to make a mistake before pouncing. These are harsh, sweeping generalizations, stemming from a complete ignorance of extant orders. Audit is quite a distinct function, including internal audit that the IDAS officers and the defence accounts department do as an aid to defence management, and is always done ex-post; it can’t be done ex-ante, because it’ll be an anachronism. While it’s essential for bureaucrats to understand the defence ecosystem, it’s equally imperative for the services to acquaint themselves and appreciate government orders and civilian bureaucracy’s ecosystem. 

Nor is Prakash right in saying that there is an acute lack of military expertise in the MoD and an absence of collegiate consultation between civilians and Service HQ. The contrary is the truth. From my own experience, I can say ex cathedra that at every stage including budget-making and delegation of financial powers, there are discussions and dialogues galore, apart from the structured collegiate decision-making in the contract negotiating committee (CNC) for procurement of capital and revenue items. The delay, when it happens, hence has to be shared by all –not the MoD alone.

Let truth be said. There are vast areas, which aren’t just cases of differing perceptions between the civil and defence bureaucracies. There are many glaring cases of abuse of personal entitlements (leave travel concessions/official tours and disability pension) on the part of senior service officers pointed out by the MoD in the recent past where actions by the services headquarters haven’t exactly measured up to the impeccable standards they pretend to have set. These personal cases, I guess, have festered over time and have become sore points now. And given the visibility the ex-servicemen command in the media, little wonder these rants spew out often in the public domain. Modesty forbids me though from articulating and putting them out in the open.  

As a mature society, it’s rather we accept it doesn’t pay to stridently point fingers at each other – the MoD and the Services’ Hqrs. In a parliamentary form of democracy, both work together under the direction and superintendence of the political leadership, the people’s representatives. It’ll help to view India holistically as one whole rather than in segmented parts, since the responsibility of governing the nation is the PM’s and his council of ministers, and they carry with them the whole burden of nation’s concerns in other sectors (health, sanitation, agriculture, environment, HRD to name just a few) that are just as important as any other like defence, home or external relations. We need to live like one, rather than as an Indian twin-nation – India and Bharat – co-living in stark disparate pockets and differing stages of human development. Living and thinking apart is far from ennobling – and certainly not very edifying.

(A redacted version of this piece titled In Defence of the Bureaucrats was carried in The Indian Express, September 19, 2017)

Wednesday, September 6, 2017

What Nirmala Sitharaman Can Do to Revamp the Opaque Defence Ministry


An overview of all defence scams and scandals can be traced to opacity and secrecy. Within the confines of confidentiality and secrecy, there is a need to inject transparency through disclosure and deterrence.
A new full-time defence minister – Nirmala Sitharaman – has been given charge at a time when the government has decided to implement several of the recommendations of the Shekhatkar Committee. I will not touch upon them since I haven’t gone through the report (it is not available yet in the public domain), and it would be presumptuous on my part to comment on it. Instead, I’ll list issues I’m familiar with that are often missed by committees as either insignificant or plain uncomfortable, or for going beyond the terms of reference.
An overview of all scams and scandals in the Ministry of Defence (MoD) would suggest that their origin can be traced to opacity and secrecy, shrouded in an obfuscating mix of technicalities and procedures. Opacity, born of secrecy, breeds manipulations. Much hullaballoo is made in the name of secrecy in today’s time, when the world, thanks to technology, knows what other nations (especially their perceived enemies) are acquiring. The services qualitative requirements (SQRs), field evaluation trials (FETs) and the porous system we have in place where selective (but crucial) information is conveniently leaked while officially remaining a secret can be largely redressed through a process of transparency. How the move towards growing openness and transparency can be calibrated and determined, and when and what can be uploaded, shall be a challenge that will need meticulous working out, including elaborate discussion within the MoD. But transparency is doubtless the answer to getting rid of scams and scandals in defence procurement.
This is not to say that all issues can – and should – be put on the Internet. But the possibility of sharing information among important stakeholders in the services intranet could be explored. Sunlight is the best disinfectant available and must be leveraged. Even ex post scrutiny of performance will put the fear of punitive action in public servants’ minds, perhaps leading them to desist from going through with their questionable ideas. Yet, within the confines of confidentiality and secrecy, there is a need to inject transparency through disclosure and deterrence. Given that most revenue non-salary procurements need to be done through e-procurement, as per subject orders, it is imperative that supply orders or contract agreements are generated in auto mode on a real-time basis and access to the same is made available to all stakeholders – such as a higher competent financial authority and an internal audit team. In such a scenario, the internal audit team will be enabled to do concurrent audits, facilitating payouts as soon as goods materialise and invoices are preferred to the paying authority.
Incurring expenditure on capital items through revenue procedure (CBRP), which has been going on for about a decade, is a very questionable – even reprehensible – practice and must be stopped. The comptroller and auditor general has already flagged this issue. To me, the ideal thing is to merge the Defence Procurement Manual (DPM) and the Defence Procurement Procedure (DPP) into one procedure, the DPP, and with the need for trial for established capital/revenue procurement items eliminated. It will put in place the same rigour for revenue items as for capital acquisition – something completely missing on CBRP items.
Leakage of government revenue
Putting in place a mechanism to ensure that revenue generated through the commercial utilisation of defence land or buildings is credited to the government and to stopping the leakage of government revenue often escapes attention of the ministry. Given the size and resources of the organisations, the revenue is huge. Sadly, the bulk of the revenue generated through commercial utilisation of defence land is siphoned off to non-public/regimental funds, with a pittance credited to government accounts. What galls is the ingenious ways adopted: splitting the license fee into two – administrative charges (rebate) and license fee – the bulk (rebate) going to the non-public fund/regimental fund and a minuscule percentage (license fee) to the public exchequer. The Public Accounts Committee’s scathing observations on the loss of government revenue in 2013-14, directing the ministry to formulate policy within six months to realise government dues from the commercial utilisation of defence land, seem to have had no effect yet, even after four years. A rough estimate would point toward diversion of thousands of crore in the last few decades – possibly more, if indexed to present money value.
There is nothing wrong with considering rents and the lease of defence land, wherever there is an excess, for semi-defence/government/community use like technology parks, industrial areas etc., with appropriate earnings through user charges or lease rent. The prospect of categorising cantonments and making them cost-neutral centres, and also enabling them to become smart cantonments, must also be considered. Further, there is a need to mandate the use of alternate sources of non-conventional energy (including solar energy) as an alternative to the conventional energy consumption within the armed forces. The need for an energy audit wing in the services to review and suggest ways for lower consumption of energy cannot be overstated. Considering the vast availability of defence land, the use of solar energy in a large way would help align with government commitments towards efforts to reduce climate change.
With heavy capital expenditure being incurred by the ministry in the last ten years, the burden of maintenance for the systems acquired is going to weigh heavily on the finances of the ministry in the years to come. There a doubtless need to articulate a proactive policy for maintenance of inducted weapon systems, both Indian and foreign, keeping in view the Make in India policy initiated by the government. In this regard, there is a need to look at measures to streamline the process with respect to policies for maintenance (through Indian-deemed original equipment manufacturers or through foreign manufacturers or government-nominated agencies); develop a benchmark for cost of maintenance; and agree on escalation percentages with foreign vendors to bring down the repair and maintenance costs, as these vendors clearly seem to be taking advantage of monopolistic situations. An analysis could also be made to explore possibilities of opening these monopolistic items to Indian industry with an assured order to kick-start indigenous production of spares. The escalation percentage for annual maintenance cost of repair in dollar/rouble terms would need revisiting depending on the ratio of indigenous/foreign components and the dollar/rupee exchange rate, in view of the changed geopolitical dynamics.
In view of the increasing use of technology and higher life expectancy, there is a need to review possibilities of enhancing the retirement age at various levels to increase utilisation of manpower for a greater number of years. Considering the low age of retirement for jawans and officers, increasing the age by 2-4 years would be a great saving in the form of delayed payment of retirement benefits. Exploitation of trained and disciplined human resources discharged from the services early and rehabilitating them to utilise their competence in appropriate positions in civilian employ in the MoD for mutual benefits is one of the salient challenges confronting the services today. It will not only reduce the burden on pension liabilities but would also help in placement of personnel in a familiar ecosystem. Also, given the burgeoning pension burden that has already touched about 24% of the total defence budget in FY 2017-18, there is a need for the armed forces to join the National Pension Scheme (NPS) that has already been introduced for all civilian employees from January 2004. A separate NPS for the armed forces can be worked out, taking into account all elements of entitlements peculiar to the services. While on this subject of enhancement of retirement age, I must flag that it is rather surprising that the prime minister’s directive issued 14 months ago under Rule 12 of the Transaction of Business Rules, 1961 to increase the retirement age from 60 to 65 for CHS doctors hasn’t been invoked for Armed Force Medical Services doctors yet.
Ordnance factory and DRDO orders
On DPSUs  and ordnance factories, it is wise to tackle the root problems and address concerns. This is what needs to be done: tighten the standard estimates in DPSUs and ordnance factories, which is the matrix and an important cost determinant to set the tone for efficiency in a production organisation; timely revision of percentage of unavoidable authorised rejections as and when technological advancements happen on shop floors, to move towards greater efficiency and timely production; e-procurement; and backward integration with vendors through trust and open examination of vendors’ cost sheets to ensure quality of product(s), timely delivery, economy of expenditure and creating necessary synergy for harnessing future technology. Before apportioning the blame on ordnance factories for less production or delayed materialisation of items, it’s only fair and important to threadbare examine the reasons for the delay – year after year, in the last many years/decades – in the placement of indent, especially in its processing and approval in the MoD. Often indents are placed months after the production year has begun leaving no time for the ordnance factories to materialise the raw material required for production of the items, let alone produce them. This is not to overlook the frequent changes made by the services. These issues need serious and immediate attention.
The Defence Research and Development Organisation’s (DRDO’s) development processes and services’ requirements need syncing through joint ownership and accountability from the very beginning and till the goal/mission fructifies to create a convivial ecosystem for seamless jointness. Realistic project development costs (PDCs) need working out much as the flip side of time and cost overruns have to be capped through strict monitoring and adequate deterrence (financial and technical) to emphasise the importance of timely completion of tasks undertaken. Every instance of a delay in PDC needs to be owned conjointly and explained, deliberated by the DRDO and the concerned service. While the role of the DRDO ought to be exploited to the fullest by the services to achieve objectives of translating ‘Make-in-India’ into a reality, it is also absolutely essential for the DRDO to focus on critical core areas by ridding its deadweight avoirdupois that has procreated 50-odd labs/centres/institutes to fatten itself over the past decades. In the spirit of earning bang for tax-payers’ buck, the need to shun conspicuous consumption, to embed accountability by hugging Fiscal Responsibility and Budget Management principles to ensure transparent fiscal management in revenue items like travel and office contingencies, better coordination between them and the three services/other departments of the MoD, cannot be over emphasised.
There is a need to delegate more and more powers to cut down on time without any value addition and make every layer responsible for their decisions. While the DFPDS-2016 has set the tone with higher delegation, it has also suggested greater accountability through more transparency by leveraging technology, duly aided by concurrent audit that will, throw up instances of bad/poor decision-making to act as deterrence on malfeasance/misfeasance and consequential mismanagement of public funds. Going forward, more innovative and non-intrusive ways of Internal Control Risk Management (ICRM) framework and oversight mechanism will need to be injected into this dynamic equilibrium/system.
And this is where the role of the Defence Accounts Department (DAD) assumes greater significance. Far from the public gaze and little known outside the ken of defence ministry, the DAD quietly audits defence services’ ledgers in the nature of internal check on defence receipts and expenditure. Helmed by the Controller General of Defence Accounts (CGDA), a Secretary-rank officer, it carries out internal audit of expenditure of army, navy, air force, ordnance factories, border roads, coast guard, CSD, and the DRDO, through a crisscrossing network of offices spread across the country.
Speaking from personal experience, more than 35 years ago, it was this mechanism that provided me insight into how cyclones are “manufactured” in trans-Himalayan belt or how road-rollers are “eaten away by white ants” and many such others, each as incredulous as the other. Yet, today internal audit remains fuzzy and wrapped-in – an everyman-for-himself and Devil-take-the-hindmost audit-auditee game – rather galling in times of transparency and legislative focus on outputs and outcomes. Doubtless there is a need to shift paradigm, to converge financial propriety, computerised accounting techniques, administrative mandate for good governance, and to refine skill-sets to make it a pulsating tool for concurrent corrective mechanism done transparently.
Yet beyond this audit function, the DAD is an important cog in the defence financial advisory system. The more the delegation, the more pivotal their role gets, and more the need for transparency. Sadly, all efforts made towards transparency have been flagrantly given a go-by. With no transfer policy in place for IDAS officers despite it being in the works the past two years, networking and nepotism are rife. This is indeed portentous especially in times of higher delegation and devolution of financial powers, when wrong selection of personnel manning these posts of integrated financial advisors can play havoc with the system and become the nurseries of future scams. Needless to say, invocation of an arm’s length system, long overdue, is extremely dire.
Budgetary outlays being an estimate of the likely expenditure for the financial years, there is always the likelihood that as the year rolls out, certain needs for spending funds on certain items budgeted for, are either less or found not necessary. The focus hence should be on the quality of expenditure through diligent scrutiny and not on the need to expend the funds on grounds that the budgetary outlays have to be spent since non-spending leads to lapse of funds – a sure sign of management failure, as is the common perception. Care has also to be taken to move out of the colonial mindset and the many relics of the past to make the organisations pulsating realistic set-ups, which, while reposing faith on incumbents to act in national interest as public servants, abhors invasion of market economy values into a regimental order. In short, outcome-oriented qualitative expenditure with clear deliverables (tangible and non-tangible) ought to take centre-stage rather than the quantitative utilization of budgetary outlays.
I’m aware that I’ll be accused of dissimulation if I do not highlight one other serious weakness of the MoD (as with other ministries): often there is much to be desired in the selection of the right personnel for senior posts. Defence is an extremely vast and an entirely different ecosystem with mixed and varied personnel drawn from very diverse services and backgrounds, and with (to just highlight a few) protocols and shibboleth exclusively its own vis-à-vis other ministries. This, by no means, is to understate the importance of and diminish the role and importance of other ecosystems. The first, even foremost, (naturally) is the familiarity with the subject of defence with all that it entails, and necessarily first-hand experience with the men and material. Unlike other ministries, technicalities are aplenty, the acronyms befuddling, and the vocabularies used arcane (or exotic depending on your familiarity) and nuanced for a novitiate. Dealing with huge public funds (about 17-18% of the union government’s budgetary outlay) as it were, also calls for integrity well beyond the financial – intellectual – because of the humongous spends on modernisation of services’ equipment/platforms spread over years, with likelihood of multiple cascades and with potential to ripple around.
While it would be invidious on my part to point fingers at the questionable acts of any personnel or organisation as an important stakeholder in the procurement process, I would merely allegorically allude to the fact that the distribution of opportunity has typically become an insider trade. Or how else can one explain the egregious “wrongs” perpetrated in the AgustaWestland procurement case when the Defence Acquisition Council (DAC) headed by the RM and with the three services chiefs, defence secretary, financial advisor defence services, DG (acquisition) and CISC as members, blundered through in their judgment – especially in the face of finance ministry’s serious reservations – to recommend the case for cabinet approval? Warped motivations and a sleight of hand of and the grime of corruption is all over the place – haemorrhaging quietly for years on end. Therein lies the nub.
Initiating reforms as suggested above could be done individually at the department/services level (bottom-up approach) or as a complete programme through a formal empowered mandate of the government (top-down approach). Given our national ethos and proclivity, even at the cost of sounding banal, I’ll like to stress that the quantum/levels of discretion must be highlighted to the implementers to minimise distortions. It would necessitate creating favourable conditions on the demand side (awareness, trainings, competence-building) as well as on supply side (e-recordkeeping, openness and transparency) to discourage abuse of discretion. The idea is to harness the ‘power’ of discretion by controlling and channelizing it in the direction the MoD intends taking with emphasis on Make in India, more indigenisation, need for innovation through strategic partnership, and holistic and ingenious recalibration of financial resources tempered with transparency. That would lend balance and pragmatism; it will require going into these aspects as also other co-related issues that are likely to surface on deeper scrutiny and analysis.
Sudhansu Mohanty worked as Controller General of Defence Accounts and then as Financial Adviser, Defence Services before retiring on May 31, 2016.
(Reproduced from The Wire)