Discretionary powers mother of all ills

LAHORE: Improper use of public office for personal gains motivates most corrupt practices in Pakistan. The exercise of discretionary powers is a magnetic impulse that invariably attracts potential abusers.

The country’s law, rules and regulations should bar the public office holder from granting any concession that has been denied to others. Both bureaucracy and the ministers of elected government enjoy vast discretionary powers that promote corruption.

It has been witnessed across the world that discretionary powers are used in exceptional circumstances, but in Pakistan, discretionary powers are used to waive provisions of certain documents. This waiver carries a price tag and anyone that is not willing to pay the price has to suffer. Customs clearing agents have coined a term called out of pocket expenses. These apply on almost all goods that are cleared through Customs. It actually pertains to the waivers that are bought at different levels of clearance.

The governments that are serious in introducing transparency would have to change laws such as discretionary powers at different levels. Sometimes, the public office holders take unilateral decision not to use some powers. Any government that aims at promoting transparency should do away with discretionary powers through the parliament.

Prime Minister Imran Khan’s decision to live in a three bedroom house, for instance, is commendable, but this was a decision of an individual and is not binding on the next prime minister. It would be in the national interest to make legislation in this regard that binds every prime minister to live in three bedroom house of maximum 1,000 square yards. The car and servant entitlement should also be reduced to two each.

The present regime through cabinet intends to suspend the discretionary funds of the prime minister, his cabinet members and members of the parliament. This implies the federal cabinet can reverse this decision after change of government. It would be better to legislate it so that any future government would have to go to the parliament for reversing this decision.

During the 1997/99 tenure of Nawaz Sharif, the then commerce minister Ishaq Dar used to boost that though he enjoyed discretionary powers to award textile quota to exporters, but he is not exercising it and the quota would be auctioned.

He was asked to get this discretionary power removed through parliament, but to no avail. Such soft decisions are public appeasing and not long lasting. There should be a clear and transparent law that forbids any public servant or public office holder to deviate from the rules, regulations and law that is discriminatory and against the merit.

For instance, even the chief ministers of the provinces have the power to relax the conditions of age, education and experience for any post. This is injustice to the candidates that fulfill the criteria, but are bypassed because of the use of discretionary powers.

The present speaker of the Punjab Assembly appointed an illiterate person in Grade 21 by using his discretionary powers when he was the chief minister of the province.

Peace in the country is systematically compromised by corruption that facilitates the possible proliferation of weapons of mass destruction, that assists the spread of terror and terrorist practices and that strengthens the malefactors who traffic illicitly in humans, guns and drugs, and who launder money. Corrupt practices undercut even sincere efforts of the government to improve health, educational attainments, welfare, prosperity and human rights of the inhabitants of the country.

No arena of human endeavour is immune to the destructive result of corruption. Corruption spreads when rules are not followed; when merit is compromised; when nepotism is practiced, and mother of all these ill practices is discretionary powers.