Constitutional Amendments Term_Limits_for_PM_and_President_of_India To save India From Corruption Dr. Anand Garikepati Gurnath Prakash Preamble In 'Maha Bharata', when Draupadi was stripped, almost everyone in the King's court watched without uttering a single word. Now the country 'Bharat' is being raped by corrupt leaders daily. If you ask what is on most leader's minds, it is probably when is their turn. New Delhi is being referred to as 'Rape Capital' in the media. The people trying to expose the corruption of the people at the top are risking their lives. People’s movements are derailed by using every means available. There is a 3 words saying in Sanskrit 'vajram vajrena bhidyate’ which means 'to cut a diamond, you need a diamond’. In order to indict a culpable PM or President 'for Obstruction of justice' or 'Negligence of duty', committees of ordinary citizens and bills do not help. What is really needed is equally powerful entity or person. That is the ‘passion for power and greed’ of the next new PM or President. The corruption is managed at the highest levels providing support at various levels. It is like machinery. Unless and until the stakes are high for the people at the top nothing will or can happen. If a PM faces allegations or charges after they leave office, he or she knows that there is no guarantee that the next PM and party will support. Their prime task is to safeguard their positions ! Saving the Ex-PM is not an important issue for them. The reasons can be many. Brothers fight over property, money and power. Note that the successor needs the support of the rest of the party. The party leaders and members know that their support may cost them the next election. That is where and how the ‘corrupt chain’ needs to be broken. The only time the PM will begin to take these complaints seriously is when he or she realizes that the next PM will be someone else and he or she may initiate investigations or cases against him or his cabinet members or any related system. In countries where the president is directly elected by the people like in the US, he or she can afford the investigative arms of the government like FBI to be independent even if that means his/her own party candidates are targets of investigation because people will give credit for allowing the law enforcement to be independent. The charges and convictions of law makers from the ruling party stand as evidence. In countries where parliamentary form of government exists like in the UK, the monarchy can be asked to interfere when there are serious charges of corruption against the Government. Indian system is much worse than the above two forms of Government. As both President and Prime Minister are indirectly elected by legislators, the investigative arm of the government does not have much independence to carry on their duties. Consequently, law makers belonging to the ruling party do not need to fear about the law or the consequences. The legislators know that PM and President need their support and goodwill to keep their positions. Proposals Term Limits for PM and President PM or President should not serve more than 2 terms or 10 years total. If a leader cannot contribute significantly in 10 years, maybe he or she is not a great leader as PM. Even if there is someone, whom you think should be given more than 10 years; this is not good for the country which has many strong and capable leaders. There is no guarantee that a leader in position for 15 or more years will not make a major mistake for whatever the reasons fueled by human weaknesses that will damage the country. President has the authority to pardon convicted criminals. Term Limits will give better governance and thereby make country stronger. If Term limits for PM and President who have the highest authority in the country begin to remove corruption, there will not be a need for term limits at other levels. Mandatory voting for Presidential Election All eligible Legislators MUST participate and VOTE for presidential candidate of their choice. Presidential election should be conducted by roll call and not by secret ballot. Country needs leaders who have courage to speak their minds on the most important issue. Only then, they can be role models for young people or other legislators who want to become future leaders. The excuse that none of the presidential candidates are acceptable is not acceptable because they can nominate themselves if they wish or nominate someone else of their choice. Some leaders are using the non-voting to please certain communities and thereby derive political benefit. India does not need leaders who cannot see or consider themselves worthy of nominating themselves (let alone by others) for the President of the country. Non-participation should be considered as dereliction of their primary duty because this action is anti-democratic directed at the highest elected office in the country. They should be removed from the Legislative body for non-participation and should be made ineligible to contest for any elected office for the next 5 years. Superior official permission to testify This law borrowed from other countries with a different political system does not work for India for the following reasons. President of US cannot use this frequently or on very important issues because people notice it and questions will be asked in the press. In India Press is not free because of various reasons like affiliations and enmities towards parties and individuals and hence it is questionable whether they can serve the true interests of the country. Similarly if British PM uses this in cases of corruption charges, the monarchy will probably seek explanation. In India, President cannot and does not address the issue of corruption at highest levels because of various reasons. Only communist countries operate this way by saying ‘it is right because they say so’. This needs to be changed so that ‘a superior official requires the endorsement or approval of a panel of sitting Supreme Court or High court judges for denying the order to testify from a court.’