Accountability powers

Published April 28, 2016

THE continuing controversy around the Panama Papers underscores the need for a more robust and independent accountability body.

NAB has lost whatever little credibility it had ever since political interference in its operations became manifest.

Perhaps that is why no one has suggested that it take the lead role in investigating the Panama leaks. Instead, despite the existence of several accountability mechanisms in addition to NAB, there are calls for a judicial commission to carry out the probe.

Given this lack of trust in NAB, Senator Raza Rabbani’s call for a new accountability body deserves to be taken seriously. Such a body should be fashioned after the Election Commission of Pakistan, whose members are nominated on the basis of parliamentary consensus.

It should have autonomous judicial powers to arrest, investigate and prosecute public office holders,

whether elected or not, from all branches of state, including the military. Recent disclosures show that internal processes of accountability within each arm of the state have been unable to curb the menace of corruption.

For such a body to be effective, certain prerequisites would have to be met.

First, in their choice of nominees, the parliamentarians would do well to select those who are not likely to misuse their powers. Second, a clear mandate is essential, so that the accountability body doesn’t run the risk of turning into a rogue institution — the political parties must decide on a legally sound definition of corruption.

Third, debate would be necessary on whether or not the body will have the power to unseat an elected legislator. This last action raises philosophical questions.

Whereas unelected bureaucrats and officials owe their position to a notification issued by the state, elected representatives owe theirs to the voters; ideally, in a democratic dispensation, only voters should be able to take that position away from them.

Creating a body where political influence does not dominate will be a tricky task, especially given the recent history of institutional overreach and a political environment marred by divisiveness.

Legislators will need to demarcate their own authority and work out a delicate compromise on the powers of the body.

Nevertheless, the frequency with which we hear of calls for judicial inquiries to investigate wrongdoing in politics shows that there is a need for a body that is endowed with wide-ranging autonomous powers but that does not impinge on the supremacy of parliament.

Published in Dawn, April 28th, 2016

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