Moa Jamir
Nagaland’s quest for transparency and accountability in governance is fraught with humungous gaps between intention and actual implementation. Simply stated, the ability of the State Government in altering corrupt practices in governance, currently assumed to be endemic in the system, is often viewed with cynicism and considered symbolic. When it is systemic, corruption becomes an everyday lived experience and regrettably, makes citizens immune and adapt to the system as a way of life. This perpetuates the existing situation to such an extent that it is difficult to distinguish between corrupt practices and normal ways of doing things, at times.
This is verifiable in the Naga society at present. Accordingly, periodic measures purportedly implemented to check corrupt practices and ensure transparency and accountability in governance fall victim to the system. Such an assertion is amply illustrated by the ‘imbroglio’ over the Nagaland Lokayukta, first appointed in February 2019 but resigning just before the completion of two years in 2021. Without dwelling on the circumstances behind the resignation, it is hugely instructive to analyse the chain of events thereafter.
The intervening period has been marked by failure to fill the vacancy in the office of Lokayukta, even a year after the previous incumbent left the office. As per its website, the tenure of the first Nagaland Lokayukta was from February 22, 2019, to February 5, 2021. The duties of Lokayukta, as provided by the Act, are being discharged by the Upa-Lokayukta since then.
Most tellingly, the State Government seems to be resorting to an ‘inordinate delay’ to fill the vacancy as affirmed by the development on the issue in the past few months.
For instance, as per the previous version of the Act, any vacancy occurring in the office of the Lokayukta or Upa-Lokayukta “shall be filled in as soon as possible, but not later than six months from the date of occurrence of such vacancy.” However, a two-member search committee for the appointment of a new Lokayukta was constituted only on July 29, 2021, just 7 days before the lapse of the six month deadline stipulated in the Act.
Interestingly, the request to upload the office memorandum on the Nagaland State Portal regarding the constitution of the committee then issued by the Department of Personnel and Administrative Reforms Government of Nagaland was sent to the Information Technology and Communication Department only on August 9, 2019. By then, the deadline had lapsed, while the State Government had already introduced ‘Nagaland Lokayukta Act (Amendment) No. 2 Bill, 2021’ on the first day of the 8th session of the 13th Nagaland Legislative Assembly on August 3, 2021.
With the deadline almost over, the State Government’s Amendment Bill proposed to substitute the extend the period for filling up of vacancy in the office of Lokayukta and Upa-Lokayukta from ‘six months’ to ‘one year,’ thus giving itself reprieve from the previous provision.
While most bills are passed in the State Assembly without much delay, incidentally, the Amendment Bill, either by design, or otherwise, was not passed in the 8th session but lapsed into the next session. Accordingly, it was passed only in the 9th Session of the 13th NLA on November 26, 2021.
During the latest 11th Session held in March 2022, the House was informed that the Lokayukta Amendment Bill had received the assent of the Governor of Nagaland, thus becoming a law. No details were given regarding the date of the Governor’s assent or from when the Act is applicable. It is not in the public domain yet as to whether the extended date would be applied retrospectively or from the date of the Governor’s assent.
Given the constant harping on accountability and transparency, the State Government’s action regarding the appointment of a new Lokayukta is deeply concerning and not above suspicion. Without questioning the integrity of the person holding the office, it does not help that the Upa-Lokayukta, currently discharging the duties of Lokayukta, was a former candidate of a major coalition partner in the present United Democratic Alliance Government of Nagaland.
If it was a case of procedural delay or other reasons, the coast is now clear for the State Government. Given the importance of a strong anti-corruption watchdog for ensuring transparency and accountability in governance, the State Government should not waste more time in appointing a new Nagaland Lokayukta. Anything less could be construed as the State Government itself, undermining the cause of transparency and accountability, by design.
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