JPC on 2G Spectrum Scam Announced; What Now?

By E Jayakrishnan

Make no mistake, the JPC on the 2G scam will put the political spotlight on the UPA govt and its leader Manmohan Singh

Prime Minister Manmohan Singh on Tuesday announced the setting up of a Joint Parliamentary Commitee (JPC) on the 2G Spectrum scam in the Lok Sabha.

Consequent to announcement, a motion for setting up the JPC would be formally moved by Telecom Minister Kapil Sibal. Once it is carried, the motion will be referred to the Rajya Sabha for its approval.

The parties would now utilise the next two days to work out the modalities. The Congress has to make up its mind on the chairman of the panel, besides finalising the terms of reference.

Both sides are in favour of a broader panel so that more parties can be taken on board. Whatever the size, the Lok Sabha would have double the members drawn from the Rajya Sabha in the panel.

As it is, only seven parties -- Congress, BJP, Trinamool Congress, Samajwadi Party, BSP, JD-U and DMK -- are certain to get representation in the committee. Though it is impossible to accommodate all 37 parties which have their representatives in the two Houses, efforts are afoot to get in sizeable groups, particularly the Left Front, which has a combined strength of 24 in the Lok Sabha.

The modalities apart, the formation of the JPC signals an end of one chapter of the ongoing tussle between the UPA government and the Opposition; and the beginning of another.

But what does the setting up of the JPC portend; and what is that the UPA government fears for it to go into denial mode for so long, which virtually aborted the Winter session of Parliament?

The JPC which is composed of members from both the Houses of Parliament - from the Lok Sabha and Rajya Sabha in a two-third, one-third ratio - is constitutionally a powerful body.

Its "power" comes from its mandate and freedom to question any agency it deems fit to pursue its probe. And, that power extends to even summoning the 'first among equals", the Prime Minister of India. Other than the courts of law, that is not a power any other executive organ enjoys.

Whatever the Prime Minister and the Congress party may put out, it is primarily this power that can lead to potentially, and politically, embarrassing consequences. It is one thing to find a Union Minister wanting or even be economical with the truth; but quite another if the Prime Minister is caught evading his responsibility.

Simply put, while the investigations by the CBI and other agencies go into criminal culpability of the players, the JPC will take it one step further and go into the political culpability. And, that can extend to the Prime Minister.

To cite just one instance. Arun Shourie, the senior journalist and Rajya Sabha MP, has cited an instance where he met Prime Minister Manmohan Singh in the corridors of Parliament and put him abreast of the "loot going under the Prime Minister's good name" in the 2G spectrum allocation. He even presented the Prime Minister the list of companies who benefitted from the scam under A Raja, the former Union Telecom Minister.

Shourie requested Singh to allow him to meet the Prinical Secretary to the Prime Minister T K A Nair to apprise him of the wrongdoings, and hand over the evidence. The Prime Minister is known to have told him that he would ensure that Nair called Shourie.

But when no overtures from the Principal Secretary even after a month had elapsed, Shourie got in touch with the then CBI chief to hand over the papers and point them to a former bureaucrat in the Telecom minister during Raja's tenure who was ready to be a whistleblower with evidence against Raja and his associates.

Now, this prime ministerial inaction, even after being told of the wrongdoings of his own ministerial colleague, cannot be construed as a criminal act. But in front of the JPC, it can be construed as an act lacking in political courage - a leader who shut his eyes to illegality in the government he presides, choosing the plea of coalition compulsions over political and personal convictions.

The fact that the JPC's proceedings are 'in camera' - confidential - is not protection enough. For two reasons.

One, the JPC can, if it so decides, empower the Chairman or any other designated member to brief the press, as happened in the case of the JPC into "Irregularities in Securities and Banking Transactions".
Even if the JPC decided to formally keep the proceedings confidential, it is almost certain that the members from either side will launch into selective leaks to the media, almost to the point that we are likely to get an over-by-over account of the what took place, if not a ball-by-ball insight.

The media and the public are scheduled for exciting times ahead and soon.

Source: India Syndicate/ Indian Express