Political society professes zero tolerance for corruption. But translating such political rhetoric often into tangible and impact-making enforcement is feeble. Political and administrative willpower are inadequate to redress its cause and scourge. We can take note of the temptation of power politics that comes with the lure of the lucre. Economic activity in any regime attracts or the rulers indulge in it to run the state and society. A welfare state, prosperous citizens and wealth of nations are desirable aspirations. Corruption taints the mindset of clean, lean and responsive governance in democracy too. The anti-corruption challenge is, therefore, intrinsic and innate.
More specifically, irregularities in government and administration, the democratic deficit in policy pedalling or its non-review, the decision-making and decision taking contravening the rule of law and disobedience in the enacted directives in anticorruption pursuits are some glaring examples. It always breeds foul, unhealthy and unhygienic governmentality and the commoner expresses in critical emotions the illegitimacy of the state and government. It, thus, perpetuates to abet legal impunity at the helm of government. Meanwhile, powers vested in the rule-making, rule-application and rule-adjudication departments of the three organs of the government find challenge in its modus operandi. As an avid political scientist, it seems a level of ignorance manifests in running their actual jurisdiction, scope and functions well. On the other hand, academia has to groom aspiring practitioners who are interested in bringing government and governance back into the proper functional operations.
Legal frameworks existed on anti-corruption and good governance in Nepal since the decree of the Muluki Ain (National Code) in 1854 A. D. However, a proliferation of anti-graft agencies in terms of roles and functions grapples with uncertainty, overlapping or duplication and indecisiveness to attack on corruption. A commonality in these trends shows mere increment or formulation of anticorruption laws and agencies with limited interventions of its mandate becoming the norm and not the exception. Similarly, losing focus on anticorruption, global policy interventions, thus, happen to reform domestic laws and innovate governance to streamline the anticorruption activities when cases, issues and concerns become dynamic and metamorphose.
Around 19 anticorruption agencies exist in Nepal. A similar phenomenon might exist in countries where liberal democracy is uneasy to jell in its infant age. A resilient democracy is most wanted to underpin good governance. On the contrary, corruption discredits a political system with bedrocks of free, open and responsible citizens who have stakes in running their quotidian affairs. However, policy prescriptions on anticorruption are provided always on alert by experts and policypreneurs, and the terms and conditions in this sectoral matter are stipulated and ascertained. It is equipped with legal tools, methods in agencies and resources (human, financial, technical and natural) to curb and contain the dregs of corruption.
We have to pay adequate attention to major anticorruption interventions in Nepal. The Government and Ministers have to immediately respond to the recommendations and suggestions therein the report of various committees, commissions, hello sarkar, grievances cell, complaints box, public expenditure financial accountability assessment, guidelines to public, social and civic audits or maintain regular proactive disclosures in a nutshell. Sensitizing law and action is perceived to be insufficient to generate knowledge on fool proofing loopholes and shortcomings in the national integrity system due to corruptive practices. Five emphases are discerned to combine legal and constitutional measures on good governance – underline an efficacious public service delivery in cooperation, coordination and inter-relation of the nexus of pillars of the state and government and other related anticorruption law enforcement; address an unfinished resolution of corruption cases and resolve it promptly; enhance political and administrative will power; and advance anticorruption solution and knowledge. The right solution for inculcating true, genuine, confident and competent leadership in the public and private sectors is must now rather than later. A disregard for commitment, dedication and entrusted responsibility are systemic weaknesses that are detected in the national integrity system. And thereof a lack of determined political and administrative action. Healthy functioning of National Integrity System pillars supports the quality of body politic (i.e. citizenship), the rule of law and sustainable development. A critical and constructive engagement in this matter is needed from the media, civil society and law enforcement agencies. It, thus, strengthens the foundations of the really existing modern state and integrity in total. Plural and diverse opinions and voices emphasizing continuity and change in public policy have to reckon with a transformation of anti-corruption. It complements democratic and liberal peace and justice in action needed in every epoch of polity.
State and society are coming out of dark episodes in history in the analysis since the medieval ages. In part, 300 years have commenced on the path of unity in diversity, openness, rationalism and objective evaluation, conditions and orientation either state-centred or tribalism, or ethno-nationalism. The new regime in comparison to the ancien regime witnesses business-as-usual conduct, albeit with a loud noise, intractable chaos and anarchic nightmarish manifestations of bad administration. One of the reasons for this fallout is settling scores among peoples in such a mosaic of current history, time and status in speed, terror and lies in a rife manner. The erstwhile conservative regime evinced tactical understanding, presence and demeanour while in the establishment of the temporary and permanent government before 1990 A.D. It had concomitant enemies within the state. An impractical orthodox ideological apparatus prevails even today. Dissenting politicians and dissidents who preoccupy political circles are failing to contain the symptoms of corruption.
The state and society face problems and prospects to resolve in public affairs then and now. An onset of freedom and liberty veers towards justice and truth to reiterate always. Political, civil and (inter)national society intersect in this matter in achieving good governance and social welfare. Any probe on anticorruption cases reveals the conflict of interest between, within and among actors – public, private and individual. The clash of allocating resources and its authoritative abuse, misuse and disuse along with apathy, laxity, or callousness of anticorruption agencies or agents in the respective law enforcement is sheerly unjustifiable.
Political society and civil society have to revisit this regard with governmental anticorruption strategies enacted so far. More than 30 prevalent laws are to be amended per se is an ignominious reality. Reflections on the state and society where ethics, decorum and conduct are getting bad to worse are due to leadership incompetence and petty quarrels not based on evidence in the vocation of politics. People interpret in pessimistic ways such as a state of sordid affairs. Legal instruments and governance mechanisms are difficult to consolidate. At least, we can merge overlapping oversight agencies, strengthen them and non-interfere in the jurisdictions of law enforcement agencies by any extra-legal means. In the short term, the government can reform or enact new laws in compliance with overlooked new dynamics of corrupt practices, issues and contexts when the state and society find its newness in nature and type.
Although the media and civil society voice their everyday concern on the news, views and reviews of national integrity context and system analysis, the reform is intangible to make a difference in lives and living even in understanding and cooperation. Time has been exacting a clear job description to better work performance in the public sector and private sector business houses as well. A work performance audit every day, weekly, fortnightly and monthly is imperative of the day. The Chief Executive of the Government has to prepare and review half-yearly and annual progress and learning reports and respond to the hilt the recommendations therein. They must seek feedback to improve further public affairs including the domain of contemporary politics, society, economy and culture too at its base and architecture at the level of the public political sphere. A decay or disorder in these foundations persists as a bad omen if the system does not self-correct or rectify orienting goals of the state and society towards ethics, norms and values of peace, order, human security and governance. Its upshot moderates extremism in any form and manifestations while a civilized society converges on the traction of liberal democracy.
Conflict ends if we promote virtues, and mete justice by abiding a due process of law and ensuring inalienable freedom and liberty mentioned in the constitution without brooking unwantedly, illicitly and unjustly in the genuine private and public sphere. In the altar of public reasoning, fulfilling the duty and rights of an individual entrusted with responsibility and accountability is a charisma of democratic culture and a spirit of civilization. An ideal state and society have to, of course, meet the challenge of ground reality based on justice and truth. Last but the least, good governance is a key to peace and its approach ultimately achieves a corruption-free society.
