Wednesday, June 22, 2011

[rti4empowerment] Write Ups on Lokpal- 4. Harmful effects of Lokpal as proposed

 

Friends,


Here we present the harmful effects of Lokpal as proposed by certain quarters of Civil societies.


Amitabh

# 94155-34526

Nutan

# 94155-34525

 

 

 

 

 

The harmful effects of proposed Lokpal

While it is true that there is no one is to one correlation between the Institution of Lokpal and the eradication of Corruption, if we go slightly deeper into the matter, we will also be able to see that there are a large number of ill-effects and dangerous consequences related with the formation of the new body of Lokpal as being proposed in its present format-

a.    To us it seems very clear that an interest group with vested interest are trying to get the new Institution of Lokpal getting formalized which shall come up as a parallel power center where in the future there shall be the same kind of cut-throat competition to grab these posts as is happening in many other places. What would be different in this case would be the fact that unlike other places, another newer section of the Civil societies might also get into this rat-race and we might witness huge lobbying for these positions. Today this might not look that serious a conjecture but very soon it will come up as a reality. A glimpse of this was very clearly seen when after the Jantar Mantar stir, the Government of India announced its decision to form a Committee for lokpal Bill and the as per some reliable media reports, some members of these Civil societies started acting in strange manners and news of inner competition for getting appointed to these posts started coming in. This just shows what would happen when the case of actual appointments to Lokpal will come. More so when the post will be as powerful as are being envisaged and proposed by the Civil Society.

b.    To think and presume that the Institution of Lokpal can be completely independent in a democratic system is a great fallacy. This is because when the same set of people shall making the selections, the general environs shall be the same, the laws of the land shall be the same, the culture and ambience shall be the same then to think that Lokpal shall be able to have a different kind of culture and functioning would be a complete misnomer. Again, other than the Lokpal whoever else comes to this organization will come from the same background as all others in different other organizations.

c.    When a new Institution like Lokpal is created at the large scale being presently advocated by a few, there will be a huge grain of our limited resources, our man power etc. This Institution will need administrative paraphernalia, different kinds of resources, man power and every other requirement and this will incur a huge cost.

d.    With the coming of Lokpal another avenue might come into being for certain sections of retired powerful bureaucrats, some retired lobbying Judges and the members of the Civil societies and in all certainty another new chapter might get opened in the existing system.   

e.    The kind of Institution of Lokpal being proposed by the Civil societies is completely against the basic framework of our legal and governing system. The most important feature of our Constitution and our governance is the separation of power, its basic premise being that power shall not get concentrated in the hands of any one authority so as to misuse it. The saying of Lord Acton that "power corrupts and absolute power corrupts absolutely" has a great acceptance in the principle of Governance and Justice system. Hence, if the Lokpal is given the authorities as diverse as initiating an enquiry, guiding an investigation, taking administrative decisions and holding disciplinary proceedings and seizing the supposed ill-acquired money from corrupt means there are bound to be huge possibilities of it being misused. Anyone who knows even an iota about human nature would never recommend such organizations to come into existence because if such all-powerful organizations come into being, they can help a person with bad intentions to exploit the powers in unimaginable measures. All of us know about Military rules in our neighbouring countries when very serious accusations of misuse of power and authority by a few persons at the behest of some powerful people were incessantly made. Would we like such a situation to arise here when the same person has so many different kinds of powers put together?

f.     If any organization of the kind proposed for Lokpal comes into existence, there would be huge scope of misuse of power. The reason is obvious- the personnel working in such powerful organizations would always have a natural tendency to abuse their authority. Today we see even officers of CBI getting caught in corrupt activities, complaints about the Judicial officers also come now and then. Hence, to think of an Institution completely insulated to this menace is unthinkable and incorrect.

The dangers of Lokpal that we have enumerated here might not look as serious today as they actually are, more so because of the sway of the members of the Civil society today, thanks to the massive propagation done by the 24X7 media. But the reality is that very soon each of these facts will start getting visible the moment such an Institution actually comes into existence. 

Today when a police man kills a criminal in one of those framed encounters, we do come forward and say that this was not proper. Even when the policemen try to justify that the person killed was a dreaded and hardened criminal whom the law of land was being incapable of acting against, we say that the policemen shall keep themselves to their area of activity and shall not try to act as a Judge. Almost the same thing will happen when we come up with an Institution comes into being which acts as Police, Prosecution, Administrative wing and Judge at the same time.

 

 

 

http://irdsindia.com/Lokpal%20vs%20Corruption%20%28Hindi%29.htm

http://nationalrtiforum.org/Lokpal%20vs%20Corruption.htm

 

 

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