JAMMU: Veteran CPI(M) legislator Mohammad Yousuf Tarigami has introduced a far-reaching private member’s bill in the Jammu and Kashmir Assembly to institutionalise transparency, punish corruption, and build mechanisms for citizen participation in governance. The Jammu and Kashmir Accountability, Transparency and Anti-Corruption Bill, 2024, spanning 25 pages, proposes sweeping reforms to the state’s anti-corruption apparatus, beginning with the establishment of a powerful, independent institution called the Jammu and Kashmir Lokayukta.
Tarigami’s bill defines corruption broadly, covering not only the demand or acceptance of bribes, but also abuse of position, unexplained wealth, wilful delay in service delivery, biased decision-making, and acts prejudicial to public interest. The proposed Lokayukta would have jurisdiction over a wide range of public functionaries, including the Chief Minister, ministers, legislators, bureaucrats, officers of government-controlled corporations and boards, and even contractors and NGOs receiving public funds. To ensure independence, the Lokayukta would be appointed by a high-level committee comprising the Chief Minister, Leader of the Opposition, Chief Justice of the High Court, and a civil society representative, and would enjoy security of tenure, financial autonomy, and investigative powers. The bill grants the Lokayukta authority to inquire into complaints, summon documents, initiate prosecutions, and recommend disciplinary actions. It allows suo motu investigations and makes non-cooperation a punishable offence.
The legislation further mandates every public authority to prepare a Citizens’ Charter, detailing its functions, services, and delivery timelines. Failure to adhere to this would be grounds for investigation. In addition to internal vigilance, the bill establishes vigilance committees at the district, tehsil, and block levels to include citizens in monitoring of public works, social welfare schemes, and the use of local development funds. These committees would be empowered to inspect records, report malpractices, and demand corrective action. The bill also seeks to protect whistleblowers and penalise officials who attempt to harass or victimise them. Any person filing a complaint with the Lokayukta is assured confidentiality and protection under the law.
A key feature of the legislation is the requirement for all public functionaries to file annual declarations of assets and liabilities, including those of their spouses and dependents. These records would be available to the public for scrutiny. The bill reverses the burden of proof in cases involving disproportionate assets, making it the accused’s responsibility to show the legality of their income. Tarigami’s proposal includes provisions for time-bound inquiry and disposal of complaints. A standard period of 30 to 90 days is proposed for completion of preliminary inquiries, while full investigations must conclude within 6 to 18 months. The bill prescribes strong penalties for those found guilty, including removal from office, recovery of losses caused to the exchequer, disqualification from future public office, and imprisonment. It also allows for confiscation of property acquired through corrupt means, with proceedings to be conducted in special fast-track courts.
Another significant clause empowers the Lokayukta to examine and audit projects and contracts exceeding Rs 25 lakh, thus bringing public procurement under scrutiny. Any person or firm found to have colluded in corruption would be blacklisted and barred from future contracts or funding. Tarigami, while introducing the bill, said it sought to address the growing alienation and erosion of public trust in institutions. He stated that corruption was not merely a moral failing but a structural outcome of a lack of transparency, inadequate checks, and the absence of people’s participation in governance. He argued that existing anti-corruption bodies function under executive control and lack the independence or teeth to act against powerful individuals.
Although private members’ bills seldom become law, the comprehensiveness of Tarigami’s draft and its emphasis on participatory governance, judicial oversight, and punitive enforcement may place pressure on the government to consider parts of it seriously. The bill’s introduction also coincides with heightened public discourse on clean governance, particularly in the context of allegations of favouritism, irregular land allotments, and opaque bureaucratic procedures.
