Dear Friends,
Definition of Civil Society = Civil Masters Society + Civil Servants Society.
An so, what exactly is different in the proposed Lokpal Bill as compared to other available existing Laws for achieving the desired Anti-Corruption Objective:
1. Just to remind the readers - As written earlier, Lokpal has to be essentially financed by the Government of India and as such, when actually constituted, it will be a Public (Civil Servants) Authority which will come under the ambit of RTI Act, 2005.
[Lokpal can never be a Civil Masters Body (i.e. Reliance Lokpal or TATA Lokpal - Private Body) as envisaged by some members of the Civil Masters Society.]
It is the dilemma of some members of Civil Masters Society which ultimately shall lead them to become members of Civil Servants Society.
CONTINUED further from earlier post ......
2. Now, before analyzing the various sections and sub-sections of the proposed Lokpal Bill, I would first prefer to visit the preamble of the Lokpal Bill. Once the preamble (objectives) is clear then one can visit and analyze each and every section laid down for achieving the objective:
It seems that there are two broad objectives that the Bill intends to achieve. (a) Vigilance & Investigation (b) Conviction through prosecution.
(a) Vigilance & Investigation:
Lokpal will inherit the entire bureaucratic machinery employed presently (I have heard from the proponents of the Lokpal Bill on TV / Internet, suggesting that they propose to merge CBI , CVC & ED but not dismantle them altogether).
So, except for the Lokpal (Head of the Department) the complete machinery at disposal for vigilance & investigation will be inherited. Thus, Lokpal will not be able to start from a scratch and create a completely fresh SKILLED vigilance and investigation mechanism overnight (which in effect would mean creating a parallel government machinery because one does not trust any parts of the existing government machinery)
THUS LOKPAL CANNOT CREATE A PARALLEL GOVERNMENT MACHINERY EXCEPT FOR THE HEAD OF THE DEPARTMENT)
So the complete existing machinery, which is day in day out, used to manipulating outcomes, will be at the disposal of the Lokpal. (If we take an example from the present case: How come one Forensic Lab say the CD is doctored and the other Forensic Lab say exactly the opposite, which clearly means that the existing machinery is USED to manipulation, either from the Civil Masters Society side or from the Civil Servants Society side, LOL, you decide?, and so which society is the Lokpal going to inherit?)
So, the challenge before the Lokpal is to inherit a GIANT existing bureaucratic machinery with only the Head of the Department being different.
It would demand a lot of MANAGERIAL (HUMAN BEHAVIOR) SKILL to manage the inherited machinery.
(b) To be CONTINUED ..........
Best Regards,
Sunil.
Dear All,
My submission and appeal to the Jan Lokpal Bill Drafting Committee is:
Firstly, there are provision in every anti-graft enactment that the Government's (including PM/CM/President/State/Center/Governor/Chief justice of SC/HC etc.) is required to initiate action against the persons from the rank of Joint Secretary and above. This Is main cause that the corruption is taken such a high habitation among these officers. This unchecked trend has taken its root so deep that each one of these persons are fully protected by each one of these other persons. If Government do not give permission, no case can be instituted against any such person.
It is my demand that all such provisions from the all anti-graft enactments may immediately be withdrawn by the notifications and the CVC and the vigilance authorities may be given free hand to nab all these persons and all of them should be tried and punished.
Secondly, there is no provision to attach the properties so acquired from the graft-money. In may graft cases there is no loss to exchequer, as the government's fees duly deposited, e.g., in case of recruitments, millions are usurped from the public for giving them appointment or out of turn allotments and other such numerous cases. Money/property so acquired by an authority is no financial loss to government. As such it is not recoverable. Take for example, Ramalinga Raju usurped 7700 crores from the Satyam and happily went to jail. Maximum Punishment – 7 years. After that all the money is Raju's legal money and his many generations can live without working.
I demand that all the monies/properties so created should be identified and should be returned to bonafide owners or treated as national assets.
--
Warm Regards
Surendera M. Bhanot
- President, RTI Help & Assistance Forum Chandigarh
- Youth for Human Rights International YHRI - South Asia
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- Convener & Life Member, Consumers Association Chandigarh
- Jt. Secretary, Amateur Judo Association of Chandigarh
- Member, SPACE - Society for Promotion and Conservation of Environment, Cgandigarh
- Member, RTI Activist Federation, Punjab, Chandigarh
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