No case for a jpc on rafale as of now

No case for a jpc on rafale as of now

The Opposition has vehemently raised the demand for a joint parliamentary committee (JPC) to investigate alleged irregularities in the Rafale deal. The government has pooh-poohed the demand, claiming the Supreme Court has already given a certificate of integrity to the deal. The fact of the matter is that a JPC on the deal to acquire the fighter aircraft would be premature at the moment.

The Comptroller and Auditor General is yet to submit its report on the deal. The CAG report is like the auditor’s report to shareholders. Any qualifications and observations made by the auditor would be laid before the annual general meeting of the shareholders, along with the management’s response. The AGM would evaluate both and decide whether to accept the report or not. On behalf of the people of India, it is the Public Accounts Committee of Parliament that vets CAG reports and decides whether the government’s clarifications on the auditor’s observations hold water. Since the CAG has not yet submitted its report, the PAC has not vetted it. Suppose the CAG finds problems in the deal. Then, even without a JPC, the Opposition’s case would have been made. It makes sense to wait for the institutional mechanism of vetting public expenditure to complete its job.

The claim that the court has given a clean chit to the deal is misleading. Doubly so. To begin with, the court had reservations about undertaking a judicial review of arms acquisition, because it is not a judicial matter. Further, it refrained to intervene on the basis of a claim by the government that the CAG and PAC have vetted the deal. This was clearly erroneous. Further, the court has only rejected a review under Article 32, meaning it reserves the right to intervene if substantial evidence of violation of public integrity were to emerge.