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| Decide Janlokpal Movement -Constitutional or Unconstitutional? |
Showing posts with label Janlokpal bill. Show all posts
Showing posts with label Janlokpal bill. Show all posts
Wednesday, 19 October 2011
Janlokpal Movement Constitunal or Unconstitutional
Friday, 16 September 2011
The corrupt are afraid
Arvind Kejriwal and Kiran Bedi, Hindustan Times
July 03, 2011
July 03, 2011
It is being alleged that the jan lokpal will become a parallel government — since it would not come under the government — and will be a threat to parliamentary democracy. Both these assumptions are wrong. The government will remain powerful. The jan lokpal will only keep a check on it from becoming arbitrary, unjust and corrupt.
Several independent institutions such as the Supreme Court, the Comptroller and Auditor General (CAG), the Chief Election Commission (CEC), the Central Vigilance Commission (CVC), the National Human Rights Commission (NHRC) and the Chief Information Commission (CIC) already exist. Some of these institutions were created through law and some through the Constitution. Are they parallel governments or a threat to democracy? No. Similarly, the jan lokpal will be one such independent institution. Instead of being a threat to democracy, it will be a threat to the corrupt.
Another important question that is being asked is this: who would be the jan lokpal accountable to? To answer this, we must see who are the existing independent institutions accountable to. What can a citizen do if a judge, the CAG, CEC, CIC or CVC is corrupt? He can do nothing. In some cases, Parliament can impeach the wrongdoers. But despite strong and credible evidence of corruption in so many cases, no one has been impeached in the last 62 years.
Compare this with the level of accountability provided in the Jan Lokpal Bill. It will be directly accountable to the citizens, as per the drafted provisions, contrary to the one provided by the government’s bill. Under the people’s bill, an ordinary citizen can complain against a jan lokpal member to the Supreme Court. And if found guilty, the court can remove the member. The Supreme Court will also have the power to punish complainants who make frivolous or malicious complaints.
We are not aware of any other institution or authority in India that is directly accountable to the people. Unfortunately, the government has rejected this proposal. According to the government-drafted lokpal bill, the lokpal would be accountable to the government only. Only the government can approach the Supreme Court for his removal. This means that if any lokpal member becomes inconvenient for the government, it would move the Supreme Court for his removal. This will only erode the lokpal’s independence.
What if the jan lokpal staff becomes corrupt? We had suggested several measures to address this issue like complete transparency in the lokpal’s functioning, an independent complaints authority to receive complaints against the lokpal staff, time-bound investigation of complaints against the staff and their summary removal if found guilty, social audits, annual financial and performance audits by CAG, annual performance appraisal by a parliamentary committee. The government has rejected all these proposals, thus ensuring that there are very high chances of the government’s lokpal turning corrupt.
A corrupt lokpal will serve vested interests within the government. This is what the government has been doing with the Central Bureau of Investigation (CBI). Recently, the CBI has been taken out of the purview of the Right to Information (RTI) Act. These vested interests increased the scope of corruption within the CBI and also the possibilities of its misuse.
It is also being alleged that the jan lokpal is a ‘Frankenstein’s monster’. Barring powers to recommend dismissal of a corrupt officer, no other power has been suggested for the lokpal that is not already vested in the CBI. The lokpal would obviously need these powers if he has to do any worthwhile investigation. Vested interests want a weak and ineffective lokpal. We should demand a strong lokpal but with adequate checks and balances. In contrast, the government is offering us just the opposite.
Should a lokpal have the power to dismiss a corrupt officer? Our suggestion: after completion of investigations by the jan lokpal’s team, a three-member bench of the jan lokpal would hold open hearings and pass orders on whether or not to remove the officer. If dissatisfied, the officer could challenge that order in the high court. In contrast, the government’s bill proposes that the ministers should have the power to dismiss a corrupt officer. Experience shows that ministers are direct or indirect beneficiaries of corruption. Rather than punish the corrupt, they have been brazenly rewarded.
Recently, the CBI arrested a senior officer of the National Highways Authority of India with unaccounted cash but the concerned authority refused to permit the investigators to even register a case against the corrupt officer. Do we really think that such ministers would even order dismissal of corrupt officers? Even today, the ministers enjoy the powers to dismiss corrupt officers. But no senior officer has ever been dismissed in the last 62 years by any minister for corruption. The government’s bill proposes to maintain the status quo.
It is being alleged that if the lokpal has jurisdiction over the PM, judges, MPs and officers, it will become a superpower. This is wrong. An income tax officer has powers to scrutinise the returns of the chief justice of India, the prime minister, the president, ministers and MPs. He even has powers to impose taxes and penalties on them. Does that mean that he will become a superpower? No. Likewise, an investigative officer in the lokpal would only — and only — investigate any allegation of corruption against these authorities. Unlike income tax officers, the lokpal would not have powers to impose any taxes or penalties also on any of these authorities. The lokpal would only do investigations and the courts will decide on the punishment.
When Anna Hazare sat on a fast for the lokpal bill, he received tremendous support from the people. The government hopes that its misinformation campaign will decrease his popularity. People should guard against such propaganda because it is only being done to protect vested interests and will hurt the general public.
Another important question that is being asked is this: who would be the jan lokpal accountable to? To answer this, we must see who are the existing independent institutions accountable to. What can a citizen do if a judge, the CAG, CEC, CIC or CVC is corrupt? He can do nothing. In some cases, Parliament can impeach the wrongdoers. But despite strong and credible evidence of corruption in so many cases, no one has been impeached in the last 62 years.
Compare this with the level of accountability provided in the Jan Lokpal Bill. It will be directly accountable to the citizens, as per the drafted provisions, contrary to the one provided by the government’s bill. Under the people’s bill, an ordinary citizen can complain against a jan lokpal member to the Supreme Court. And if found guilty, the court can remove the member. The Supreme Court will also have the power to punish complainants who make frivolous or malicious complaints.
We are not aware of any other institution or authority in India that is directly accountable to the people. Unfortunately, the government has rejected this proposal. According to the government-drafted lokpal bill, the lokpal would be accountable to the government only. Only the government can approach the Supreme Court for his removal. This means that if any lokpal member becomes inconvenient for the government, it would move the Supreme Court for his removal. This will only erode the lokpal’s independence.
What if the jan lokpal staff becomes corrupt? We had suggested several measures to address this issue like complete transparency in the lokpal’s functioning, an independent complaints authority to receive complaints against the lokpal staff, time-bound investigation of complaints against the staff and their summary removal if found guilty, social audits, annual financial and performance audits by CAG, annual performance appraisal by a parliamentary committee. The government has rejected all these proposals, thus ensuring that there are very high chances of the government’s lokpal turning corrupt.
A corrupt lokpal will serve vested interests within the government. This is what the government has been doing with the Central Bureau of Investigation (CBI). Recently, the CBI has been taken out of the purview of the Right to Information (RTI) Act. These vested interests increased the scope of corruption within the CBI and also the possibilities of its misuse.
It is also being alleged that the jan lokpal is a ‘Frankenstein’s monster’. Barring powers to recommend dismissal of a corrupt officer, no other power has been suggested for the lokpal that is not already vested in the CBI. The lokpal would obviously need these powers if he has to do any worthwhile investigation. Vested interests want a weak and ineffective lokpal. We should demand a strong lokpal but with adequate checks and balances. In contrast, the government is offering us just the opposite.
Should a lokpal have the power to dismiss a corrupt officer? Our suggestion: after completion of investigations by the jan lokpal’s team, a three-member bench of the jan lokpal would hold open hearings and pass orders on whether or not to remove the officer. If dissatisfied, the officer could challenge that order in the high court. In contrast, the government’s bill proposes that the ministers should have the power to dismiss a corrupt officer. Experience shows that ministers are direct or indirect beneficiaries of corruption. Rather than punish the corrupt, they have been brazenly rewarded.
Recently, the CBI arrested a senior officer of the National Highways Authority of India with unaccounted cash but the concerned authority refused to permit the investigators to even register a case against the corrupt officer. Do we really think that such ministers would even order dismissal of corrupt officers? Even today, the ministers enjoy the powers to dismiss corrupt officers. But no senior officer has ever been dismissed in the last 62 years by any minister for corruption. The government’s bill proposes to maintain the status quo.
It is being alleged that if the lokpal has jurisdiction over the PM, judges, MPs and officers, it will become a superpower. This is wrong. An income tax officer has powers to scrutinise the returns of the chief justice of India, the prime minister, the president, ministers and MPs. He even has powers to impose taxes and penalties on them. Does that mean that he will become a superpower? No. Likewise, an investigative officer in the lokpal would only — and only — investigate any allegation of corruption against these authorities. Unlike income tax officers, the lokpal would not have powers to impose any taxes or penalties also on any of these authorities. The lokpal would only do investigations and the courts will decide on the punishment.
When Anna Hazare sat on a fast for the lokpal bill, he received tremendous support from the people. The government hopes that its misinformation campaign will decrease his popularity. People should guard against such propaganda because it is only being done to protect vested interests and will hurt the general public.
Saturday, 6 August 2011
India Against Corruption- meeting updates
Dear Friends
We request to attain a meeting on 7 Aug at 4.30 PM at SANGHI SADAN, Congress Nagar, Near A.I.R. Press, NAGPUR for discussing and finalizing program for supporting Anna Movement of Jan Lok Pal Bill
Contact person :- Dr. Gopal Bele 9423683057 //Anup Dave-9373899883 //Ram Kumar Dubey 9922440986
==============================
We are also forwarding message of Respected Anna Hazare for your better understanding of the National situation
Anna Hazares message to the Nation for 15th and 16th August.
My Dear Fellow Indians,
A decisive battle against corruption has begun. We are not against any political party. We want systemic reforms. We want a corruption-free India. After all, what are the people asking for – a strong anti-corruption law which provides for honest and time-bound investigations and trials that result in jail for the guilty, confiscation of embezzled money and their dismissal from service? Are we asking too much? For two months, we were talking to the government. Government seems unwilling to take even small steps against corruption. Government appears insincere. We have met all prominent political leaders. We have tried everything. What do we do now? When I announced my indefinite fast from 16th August, the government threatened that they would crush us the way they crushed Baba Ramdev's peaceful agitation. Friends, this is a historic opportunity. We can't afford to lose it. We are determined to fight to the end. If they arrest us, we will peacefully offer ourselves. If they use batons and bullets, we will happily lay down our lives but will not leave the place. We will not retaliate. It will be a completely non-violent movement. “If you fast on 16th August, you will be crushed” – this is what they are saying. “We will impose section 144 on Jantar Mantar” – this is what they are thinking. But I say that if every citizen in this country takes off from his work from 16th August, comes on the streets in front of his house, at the crossing, with a tricolor in his hands shouting “Bharat Mata ki Jai” and raising slogans against corruption, they will fall short of batons and bullets. The government may arrest one Anna Hazare but how will they arrest 120 crore Anna Hazares? They may impose section 144 at one Jantar Mantar but will they impose section 144 on the whole country? And let me tell you – the police and army is with us. At traffic signals, policemen stop us, express their support and wish us well; at Raj Ghat, the policemen donated generously for the movement! So, will you take off from your work from 16 August? Will you descend on the streets with me? This year, the country will wait for 16th rather than 15th August. In solidarity,
thanks
Anna Hazare
A decisive battle against corruption has begun. We are not against any political party. We want systemic reforms. We want a corruption-free India. After all, what are the people asking for – a strong anti-corruption law which provides for honest and time-bound investigations and trials that result in jail for the guilty, confiscation of embezzled money and their dismissal from service? Are we asking too much? For two months, we were talking to the government. Government seems unwilling to take even small steps against corruption. Government appears insincere. We have met all prominent political leaders. We have tried everything. What do we do now? When I announced my indefinite fast from 16th August, the government threatened that they would crush us the way they crushed Baba Ramdev's peaceful agitation. Friends, this is a historic opportunity. We can't afford to lose it. We are determined to fight to the end. If they arrest us, we will peacefully offer ourselves. If they use batons and bullets, we will happily lay down our lives but will not leave the place. We will not retaliate. It will be a completely non-violent movement. “If you fast on 16th August, you will be crushed” – this is what they are saying. “We will impose section 144 on Jantar Mantar” – this is what they are thinking. But I say that if every citizen in this country takes off from his work from 16th August, comes on the streets in front of his house, at the crossing, with a tricolor in his hands shouting “Bharat Mata ki Jai” and raising slogans against corruption, they will fall short of batons and bullets. The government may arrest one Anna Hazare but how will they arrest 120 crore Anna Hazares? They may impose section 144 at one Jantar Mantar but will they impose section 144 on the whole country? And let me tell you – the police and army is with us. At traffic signals, policemen stop us, express their support and wish us well; at Raj Ghat, the policemen donated generously for the movement! So, will you take off from your work from 16 August? Will you descend on the streets with me? This year, the country will wait for 16th rather than 15th August. In solidarity,
thanks
Anna Hazare
(Please make copies of this pamphlet and distribute it in large nos.)
“WHY GOVERNMENT'S LOKPAL IS DANGEROUS???”
Government's Lokpal is targeted against those who raise their voice against corruption rather than to punish the corrupt! Government's Lokpal Provides Greater Protection to Corrupt! Will then any citizen dare raise a voice against corruption
तय हो गया है कि सरकार जो लोकपाल बिल लाने जा रही है उसमें -
- रिश्वतखोरी से दुखी आम आदमी की शिकायतें लोकपाल नहीं सुनेगा.
- निचले स्तर के अधिकारियों व कर्मचारियों के भ्रष्टाचार की जन लोकपाल के दायरे में नहीं आएगी
- नगर निगम, पंचायत, विकास प्राधिकरणों का भ्रष्टाचार इसकी जांच के दायरे में नहीं आएगा
- राज्य सरकारों का भ्रष्टाचार इसके दायरे में नहीं आएगा
- प्रधानमंत्री, जजों और सांसदों का भ्रष्टाचार इसके दायरे में नहीं आएगा, यानि २-जी, कैश फॉर वोट, कामनवेल्थ, आदर्श, येदुरप्पा, जैसे घोटाले इससे एकदम बाहर रखे गए हैं.
- ७ साल से पुराना कोई भी मामला इसकी जांच के दायरे में नहीं आएगा... अर्थात बोफोर्स, चारा घोटाला जैसा कोई भी घोटाला इसकी जांच के दायरे से पहले ही अलग कर दिया गया है.
- लोकपाल के सदस्यों का चयन प्रधानमंत्री, एक मंत्री, लोकसभा अध्यक्ष, प्रधानमंत्री द्वारा मनोनीत एक बुद्धिजीवी, एक ज्यूरिस्ट, के हाथ में होगा क्योंकि इसके चयन के लिए जो समिति बनेगी उसमें एक बाकी के एक दो लोगो और होंगे, और उनकी कौन सुनेगा?
- लोकपाल के सदस्यों को ही सारा काम करना होगा यानि सारा का सारा काम ८ सदस्य करेंगे, अफसरों के पास निर्णय लेने के अधिकार नहीं होंगे, इससे सारा का सारा काम दो-तीन महीने में ही ठप हो जाएगा.
ज़ाहिर है कि नेता एक अच्छा लोकपाल बिल नहीं ला सकते. क्योंकि अगर एक सख्त लोकपाल कानून बना तो देश के आधे से अधिक नेता दो साल में जेल चले जायेंगे और बाकी की भी दुकानदारियाँ बंद हो जाएंगी. इसलिए यह ज़रूरी हो गया है कि हम यानी देश के आम लोग इस कानून को बनवाने की पहल करें.
अभी नहीं तो कभी नहीं
१६ अगस्त से एक सप्ताह की छुट्टी लीजिए और कमर कसकर तेयार हो जाइए एक निर्णायक आन्दोलन के लिए. १६ अगस्त की सुबह तिरंगा लहराते हुए अपने अपने घर से निकालिए.
Anna
posted by:
Shri Ramkumar Dubey
Volunteer- India Against Corruption Nagpur
Friday, 5 August 2011
we won't stop until we win!
 |
| The Cabinet approved a weak and ineffective "Joke-pal" bill -- ignoring people's mandate for strong anti-corruption legislation. But public outrage is rapidly turning to bold, nationwide action -- let's join in and supercharge this historical moment. |
The future of the fight against corruption is now in the hands of the standing committee, and they have the power to strengthen the Cabinet's weak Lokpal . We know they will only act to regulate themselves and their friends if public pressure gives them no other option. Anti-corruption protests planned across India in the next weeks will powerfully send the message: we won't stop until we win!
Already, the government has moved to quash Anna Hazare's upcoming protest in Jantar Mantar -- showing their fear of public outcry. Let’s double the energy we brought to support Anna last April. By standing together in our own towns, parks and communities, we will show our leaders the power of India's anti-corruption movement. Contact us to know activities in Nagpur:
The Parliament has just begun the much anticipated monsoon session. After months of promises and bureaucratic delays, Congress wants to pass a Lokpal bill that does little to fight corruption in their ranks. Under the proposed Joke-pal, the PM, the entire Judiciary and 75% of all civil servants would be immune from investigation -- leaving them to steal our money and force bribes with impunity.
But the government has heard about the hundreds of protests planned across India to support the Jan Lokpal and a real anti-corruption bill. Anna Hazare is already making waves: he has said he is ready to face lathis, jail, bullets, starvation -- he is willing to sacrifice his life for India's desperately needed strong anti-corruption legislation. Now is the time for us to stand with Anna and thousands of brave activists in the streets and tell the government that we will fight against corruption until we win!
Throughout this month, citizens across the country are forming small teams and undertaking padyatras. On August 9th, we will gather to tear up and burn the government's Jokepal in protest of the weak and ineffective proposal. And on August 16th, we will start relay hunger fasts across the country to support Anna Hazare and many other brave citizens on hunger strike.
Three months ago, our movement catapulted corruption to the top of the national agenda and won promises from Singh and his cabinet for historic action. Since then, we've delivered over a million messages to key decision makers: flooding their offices with emails, faxes and phone calls; presenting hard-hitting stunts and billboards; and gaining massive coverage in the media. Let’s now pull out all the stops and show the whole country and the world we are determined to take on corruption and win.
With hope and determination,
Team India Against Corruption
Nagpur
215,Sanghi Sadan, Congress Nagar
www.iacnagpur.org
SOURCES
Anna supporters rally against Lokpal bill
http://timesofindia.
'Lokpal Bill tilted in favour of the corrupt'
http://timesofindia.
Lokpal bill tabled, protests inside and outside House
http://www.hindustantimes.com/
Why corruption is your problem…
http://www.thehindu.com/life-
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