Tuesday, September 10, 2013

Can a trustee of natural resources claim he is no custodian of files?

In more than a dozen judgments, the Supreme Court has crystallized ‘Public Trust Doctrine’ and ruled that people are the owners of natural resources and the government exercises control over these resources as a trustee to achieve the greater common good.
    Four years ago, dispute over division of family assets between the Ambani brothers boiled down to the KG basin and the matter came for adjudication before the SC. The Centre had argued that “natural resources are vested in the government, as a matter of trust, in the name of the people of India and it was the solemn duty of the state to protect the national interest”.
    In its judgment in the case, the SC picked the thread from the government’s arguments had held that natural resources were in fact national assets. It had said, “In a constitutional democracy like ours, the national assets belong to the people. The government holds such natural resources in trust.
    This means, we the people are real owners of natural resources — coal, minerals, petroleum, natural gas, spectrum, forests, land and water. We allow our elected representatives to hold our property, the natural resources, in trust to enable them to utilize them scrupulously for the greater common good.
    When the Prime Minister, as the head of the government, distributes portfolios among his trusted lieutenants, he transfers with it the trusteeship over natural resources. The PM himself held trusteeship over coal when he held charge of the coal ministry during 2006-09.
    The Comptroller and Auditor General reported that irregular allotment of coal blocks to big players cost lakhs of crores of rupees to the exchequer. The CAG report raised a massive stink even before the one left behind by the alleged irregular allotment of 2G spectrum had died down.
    Like the spectrum scam, the coal controversy too landed in the Supreme Court, which is monitoring the CBI investigation into the allotments. But even before the court could appraise itself of the details of the inquiries conducted by the agency, an ever itching government was caught red-handed tinkering with the probe status report.
    The court ordered the CBI to insulate itself from political interference and scrupulously examine each and every file relating to allocation of coal blocks, with a direction to the coal ministry to hand them over to the agency. The ministry audaciously said many important files relating to coal block allocations were missing from its closets.
    As the coal-washed black water breached the gates of the government and threatened to smear it, the PM nonchalantly told Parliament that he was not the custodian of the coal files.
    This is akin to a situation where, you and I — the people — entrust our property in trusteeship to another person to deal with it in the best possible manner to benefit us. But the trustee, who is responsible to keep records of all dealings relating to the property, tells us that he is not the custodian of the files which contain details of the dealings and that many of these files have gone missing!
    The PM as coal minister says he is not the custodian of the files. The coal ministry says it does not have the files and has constituted a high-powered committee, the proven panacea for all controversies, to locate them.
    The PM’s “I am not the custodian of files” excuse must have brought smiles on the faces of many ministers, who tomorrow can give the same excuse about files relating to allocation of licence to exploit natural resources like petroleum, natural gas, spectrum, iron ore and many other important natural resources which could go missing.
    The government, with the PM’s statement about missing files, stands at a crossroad — one gets guidance from SC enunciated public trust doctrine holding the government to be trustees of natural resources, and the other that meanders through dingy bylanes crowded by unscrupulous elements ever ready to drain the country for private gain. Would it not have been a momentous occasion for a democracy like ours, if the PM had said “I am responsible for the coal files and it will be my government’s business to find them and hand them over to the CBI for a through probe?”
    This would also have done the PM and his party a great service instead of his cahoots parroting the ‘clean image’ of the PM forgetting that muddied waters seldom reflect a clean image, howsoever beautiful the face might be.
    There is no one to own responsibility for the missing coal files as majority from the ruling political class lack the humility of an elected representative. Instead, intoxication of power has made them display brazen arrogance.
    They can take a lesson or two from Abraham Lincoln who on his election as president of the US had said, “I have been selected to fill an important office for a brief period, and am now, in your eyes, invested with an influence which will pass away. But should my administration prove to be a very wicked one, or what is more probable, a very foolish one, if you the people are true to ourselves and the Constitution, there is but little harm I can do, thank god.
    The unfeigned innocence reflected in Lincoln’s speech is quite a contrast to the feigned innocence over the files reflected in the PM’s speech.

Dhananjay Mahapatra 

No comments:

Post a Comment