Friday, April 26, 2024

News Destination For The Global Indian Community

News Destination For The Global Indian Community

COVER STORY
LifeMag
A PROPOSAL TO BREAK THE STALEMATE ON LOKPAL BILL

A PROPOSAL TO BREAK THE STALEMATE ON LOKPAL BILL

The whole debate and unrest started with the realisation that the government was not allowing various agencies under its control to investigate people at high places and that for this reason they were freely looting and bleeding the economy of the country resulting into big scams that could never be brought to the book. As such, the focal issue has been to free the investigating agencies from the control of the executive both administrative and political. However, the people believe that the government is not prepared for autonomy for the investigating agencies that the Jan Lok Pal bill basically asks for despite demonstration of such overwhelming public sentiment that became necessary in view of the brazen insensitivity of the successive government for decades in this context that left the people with no alternative but to come on the streets. It has led to the stalemate that has to be resolved immediately so that Anna can break his fast. At the same time the legislation has to be well thought of and the legislative procedures will also take some time. Anna is rightly bent on not breaking fast as there is distrust for the reasons that are understandable. Government needs to guarantee certain principles that the fresh bill will take care and the Anna team or the civil society will have to agree to removal of the provisions that have come to be identified as Draconion.

The following principles have to be laid down, taken care of and the same will also determine the directions and contents of the Bill.

  1. All the agencies dealing with corruption or economic offences have to be absolutely free from the control of the executive/govt. Once taken out of the control of the govt. they SHALL NOT be placed in the hands of any single person or any group of nominated or appointed persons. The following principles could be adopted:
  2. a) All such should be multi-member agencies having a membership of 7 to 11. These should be thrown up by the system automatically with a detailed check on their integrity and antecedants. The undesirables should be eliminated by a Committee headed by the Vice President, with Prime Minister and the leader of Opposition in the Lok Sabha as members. The remaining should be put to referendum/ vote and should be appointed only after such public approval. As peole are quite aware there is no need for campaigning. Only the particulars of everyone should be put on print and electronic media.
  3. b) Their pay and all other expenditure should be charged to the consolidated fund of India.
  4. There should be no distinction on the basis of the rank. Peon to PM are all public servants and should be treated as equal. A corrupt person is basically a criminal and law makes no distinction between a corrupt from Class IV or from the top. This follows:
  5. a) PM has to be included under the Lok Pal or whatever is the institution so created.
  6. b) There cannot be any distinction between Joint Secretary upwards or downwards and every boy has to be the subject of the same institution for similar offence.
  7. c) No permission u/s 26 of CVC Act to investigate or prosecution sanction under section 19 or any other law be required and both these provisions need be repealed.
  8. The division has to be on functional basis and various organisations have to take charge of that function.
  9. Judiiciary need not be brought under the Lok Pal. The case of judiciary is different in that the judiciary in a democracy is the final adjudicator and the interpreter of laws and the constitution. As such they need not be under the watch of the Lokpal. But at the same time they have to be fully accountable to a different mechanism, the National Judicial Commission that should be constituted simultaneously with the Lokpal and decisions of this commission should be final and non-appealable in any court.
  10. There is principle of separation of powers whereas in the Jan Lok Pal bill as proposed, the power of investigation, prosecution, vigilance, administration as also the punishment (to some extent) have been vested in the proposed Lok Pal. The principle laid down under our Constitution is separation of powers, whereas, at present most of these powers are combined in the governments as they control the enquiry, the registration, the investigation, the prosecution as also the withdrawal. It is these powers that have made and perpetuated the government to be corrupt and uncontrollable. There appears to be merit in the contention that the Jan Lok Pal bill as proposed will turn the Lok Pal into a monster, which will not be in the interest of the country.
  11. Anti-corruption and Economic offences wings (EOW) of the CBI should not be put under different agencies as proposed by the Jan-lok-pal bill as these deal with the two aspects of the same phenomenon and it is corruption that makes eco-nomic offences possible. The two can be investigated side by side. It is also true for the corporate crimes as most Following course of action is recommended:

Government should give such an undertaking to the above effect and the Civil society should accept the same.

A three member committee be constituted with one member each to be nominated by the government and the Anna taking care that no member of the existing negotiating team from either side is recommended. The third member who will also be the chairman would be recommended by the Supreme Court who could be a sitting judge or a retired Judge or the Chief Justice of the Supreme Court.

The three will consider all the bills submitted so far and also further submissions and draw up the structure of such agencies as it may deem fit as also the proposed Acts. Only these will be introduced in the parliament without reference to any house committee and will be debated in Parliament.

That the committee will not take more than 4 weeks and a special session of the Parliament be called to consider and pass the bill in October sometime.

Once government signs the principles as laid down in part one above and constitutes the committee in next day or so, Anna should break his fast so that the committee can work in conducive atmosphere.

TEN things to know about Anna Hazare & The Jan Lok Pal Bill.. !

  1. Who is Anna Hazare?

An ex-army man (ASC MT). Took Part in 1965 Indo-Pak War, he survived through an attack by enemy while others with him were killed.

  1. What's so special about him?

He built a village Ralegaon Siddhi in Ahamad Nagar district, Maharashtra.

  1. So what?

This village is a self-sustained model village. Energy is produced in the village itself from solar power, biofuel and wind mills.

In 1975, it used to be a poverty clad village. Now it is one of the richest village in India. It has become a model for self-sustained, eco-friendly & harmonic village.

  1. Ok,...?

This humble soul, Anna Hazare was awarded Padma Bhushan and is a known figure for his social activities.

  1. Really, what is he fighting for?

He is supporting a cause, the amendment of a law to curb corruption in India.

  1. How that can be possible?

He is advocating for a Bill, The Jan Lokpal Bill (The Citizen Ombudsman Bill), that will form an autonomous authority who will make politicians (ministers), bureaucrats (IAS/IPS) accountable for their deeds.

  1. It's an entirely new thing right..?

In 1972, the bill was proposed by then Law minister Mr. Shanti Bhushan. Since then it has been neglected by the politicians and some are trying to change the bill to suit thier theft (corruption).

  1. Oh.. He is going on a hunger strike for that whole thing of passing a Bill! How can that be possible in such a short span of time?

The first thing he is asking for is: the government should come forward and announce that the bill is going to be passed.

Next, they make a joint committee to DRAFT the JAN LOKPAL BILL. 50% government participation and 50% public participation. Because you cant trust the government entirely for making such a bill which does not suit them.

  1. Fine, What will happen when this bill is passed?

A LokPal will be appointed at the centre. He will have an autonomous charge, say like the Election Commission of India. In each and every state, Lokayukta will be appointed. The job is to bring all alleged party to trial in case of corruptions within 1 year. Within 2 years, the guilty will be punished. Not like, Bofors scam or Bhopal Gas Tragedy case, that has been going for last 25 years without any result.

  1. Is he alone? Who else is there in the fight with Anna Hazare?

Baba Ramdev, Ex. IPS Kiran Bedi, Social Activist Swami Agnivesh, RTI activist Arvind Kejriwal, Justice Santosh Hegde, Shanti Bhushan and many more. Prominent personalities like Aamir Khan is supporting his cause.

  1. Ok, got it. What can I do?

At least we can spread the message.

How?

Putting status message, links, video, changing profile pics.

At least we can support Anna Hazare and the cause for uprooting corruption from India.

At least we can hope that his Hunger Strike does not go in vain.

At least we can pray for his good health.

..... HATS OFF TO YOU DEAR ANNA.... YOU ARE THE TRUE MASSIHA OF POOR MILLIONS - AAM ADMI … ENOUGH HAS BEEN ENOUGH --- INDIA FOR CORRUTION FREE SOCIETY.

This Insensitive Govt has to Give In to the Wishes of the people.

A PROPOSAL TO BREAK THE STALEMATE ON LOKPAL BILL

A PROPOSAL TO BREAK THE STALEMATE ON LOKPAL BILL

The whole debate and unrest started with the realisation that the government was not allowing various agencies under its control to investigate people at high places and that for this reason they were freely looting and bleeding the economy of the country resulting into big scams that could never be brought to the book. As such, the focal issue has been to free the investigating agencies from the control of the executive both administrative and political. However, the people believe that the government is not prepared for autonomy for the investigating agencies that the Jan Lok Pal bill basically asks for despite demonstration of such overwhelming public sentiment that became necessary in view of the brazen insensitivity of the successive government for decades in this context that left the people with no alternative but to come on the streets. It has led to the stalemate that has to be resolved immediately so that Anna can break his fast. At the same time the legislation has to be well thought of and the legislative procedures will also take some time. Anna is rightly bent on not breaking fast as there is distrust for the reasons that are understandable. Government needs to guarantee certain principles that the fresh bill will take care and the Anna team or the civil society will have to agree to removal of the provisions that have come to be identified as Draconion.

The following principles have to be laid down, taken care of and the same will also determine the directions and contents of the Bill.

  1. All the agencies dealing with corruption or economic offences have to be absolutely free from the control of the executive/govt. Once taken out of the control of the govt. they SHALL NOT be placed in the hands of any single person or any group of nominated or appointed persons. The following principles could be adopted:
  2. a) All such should be multi-member agencies having a membership of 7 to 11. These should be thrown up by the system automatically with a detailed check on their integrity and antecedants. The undesirables should be eliminated by a Committee headed by the Vice President, with Prime Minister and the leader of Opposition in the Lok Sabha as members. The remaining should be put to referendum/ vote and should be appointed only after such public approval. As peole are quite aware there is no need for campaigning. Only the particulars of everyone should be put on print and electronic media.
  3. b) Their pay and all other expenditure should be charged to the consolidated fund of India.
  4. There should be no distinction on the basis of the rank. Peon to PM are all public servants and should be treated as equal. A corrupt person is basically a criminal and law makes no distinction between a corrupt from Class IV or from the top. This follows:
  5. a) PM has to be included under the Lok Pal or whatever is the institution so created.
  6. b) There cannot be any distinction between Joint Secretary upwards or downwards and every boy has to be the subject of the same institution for similar offence.
  7. c) No permission u/s 26 of CVC Act to investigate or prosecution sanction under section 19 or any other law be required and both these provisions need be repealed.
  8. The division has to be on functional basis and various organisations have to take charge of that function.
  9. Judiiciary need not be brought under the Lok Pal. The case of judiciary is different in that the judiciary in a democracy is the final adjudicator and the interpreter of laws and the constitution. As such they need not be under the watch of the Lokpal. But at the same time they have to be fully accountable to a different mechanism, the National Judicial Commission that should be constituted simultaneously with the Lokpal and decisions of this commission should be final and non-appealable in any court.
  10. There is principle of separation of powers whereas in the Jan Lok Pal bill as proposed, the power of investigation, prosecution, vigilance, administration as also the punishment (to some extent) have been vested in the proposed Lok Pal. The principle laid down under our Constitution is separation of powers, whereas, at present most of these powers are combined in the governments as they control the enquiry, the registration, the investigation, the prosecution as also the withdrawal. It is these powers that have made and perpetuated the government to be corrupt and uncontrollable. There appears to be merit in the contention that the Jan Lok Pal bill as proposed will turn the Lok Pal into a monster, which will not be in the interest of the country.
  11. Anti-corruption and Economic offences wings (EOW) of the CBI should not be put under different agencies as proposed by the Jan-lok-pal bill as these deal with the two aspects of the same phenomenon and it is corruption that makes eco-nomic offences possible. The two can be investigated side by side. It is also true for the corporate crimes as most Following course of action is recommended:

Government should give such an undertaking to the above effect and the Civil society should accept the same.

A three member committee be constituted with one member each to be nominated by the government and the Anna taking care that no member of the existing negotiating team from either side is recommended. The third member who will also be the chairman would be recommended by the Supreme Court who could be a sitting judge or a retired Judge or the Chief Justice of the Supreme Court.

The three will consider all the bills submitted so far and also further submissions and draw up the structure of such agencies as it may deem fit as also the proposed Acts. Only these will be introduced in the parliament without reference to any house committee and will be debated in Parliament.

That the committee will not take more than 4 weeks and a special session of the Parliament be called to consider and pass the bill in October sometime.

Once government signs the principles as laid down in part one above and constitutes the committee in next day or so, Anna should break his fast so that the committee can work in conducive atmosphere.

TEN things to know about Anna Hazare & The Jan Lok Pal Bill.. !

  1. Who is Anna Hazare?

An ex-army man (ASC MT). Took Part in 1965 Indo-Pak War, he survived through an attack by enemy while others with him were killed.

  1. What's so special about him?

He built a village Ralegaon Siddhi in Ahamad Nagar district, Maharashtra.

  1. So what?

This village is a self-sustained model village. Energy is produced in the village itself from solar power, biofuel and wind mills.

In 1975, it used to be a poverty clad village. Now it is one of the richest village in India. It has become a model for self-sustained, eco-friendly & harmonic village.

  1. Ok,...?

This humble soul, Anna Hazare was awarded Padma Bhushan and is a known figure for his social activities.

  1. Really, what is he fighting for?

He is supporting a cause, the amendment of a law to curb corruption in India.

  1. How that can be possible?

He is advocating for a Bill, The Jan Lokpal Bill (The Citizen Ombudsman Bill), that will form an autonomous authority who will make politicians (ministers), bureaucrats (IAS/IPS) accountable for their deeds.

  1. It's an entirely new thing right..?

In 1972, the bill was proposed by then Law minister Mr. Shanti Bhushan. Since then it has been neglected by the politicians and some are trying to change the bill to suit thier theft (corruption).

  1. Oh.. He is going on a hunger strike for that whole thing of passing a Bill! How can that be possible in such a short span of time?

The first thing he is asking for is: the government should come forward and announce that the bill is going to be passed.

Next, they make a joint committee to DRAFT the JAN LOKPAL BILL. 50% government participation and 50% public participation. Because you cant trust the government entirely for making such a bill which does not suit them.

  1. Fine, What will happen when this bill is passed?

A LokPal will be appointed at the centre. He will have an autonomous charge, say like the Election Commission of India. In each and every state, Lokayukta will be appointed. The job is to bring all alleged party to trial in case of corruptions within 1 year. Within 2 years, the guilty will be punished. Not like, Bofors scam or Bhopal Gas Tragedy case, that has been going for last 25 years without any result.

  1. Is he alone? Who else is there in the fight with Anna Hazare?

Baba Ramdev, Ex. IPS Kiran Bedi, Social Activist Swami Agnivesh, RTI activist Arvind Kejriwal, Justice Santosh Hegde, Shanti Bhushan and many more. Prominent personalities like Aamir Khan is supporting his cause.

  1. Ok, got it. What can I do?

At least we can spread the message.

How?

Putting status message, links, video, changing profile pics.

At least we can support Anna Hazare and the cause for uprooting corruption from India.

At least we can hope that his Hunger Strike does not go in vain.

At least we can pray for his good health.

..... HATS OFF TO YOU DEAR ANNA.... YOU ARE THE TRUE MASSIHA OF POOR MILLIONS - AAM ADMI … ENOUGH HAS BEEN ENOUGH --- INDIA FOR CORRUTION FREE SOCIETY.

This Insensitive Govt has to Give In to the Wishes of the people.

Leave a comment

Comments (0)

Related Articles

Opinion Express TV

Shapoorji Pallonji

SUNGROW

GOVNEXT INDIA FOUNDATION

CAMBIUM NETWORKS TECHNOLOGY

Opinion Express Magazine