Friday, 30 December 2011

LOKPAL & LOKAYUKTA : A Movement Against Corruption. ...................series 1

  Dr Balraj Bishnoi   
According to MAHATMA GANDHI “As human beings, our greatness lies not so much in being able to remake the world - that is the myth of the atomic age - as in being able to remake ourselves”. Our nation’s father vision is of a strong and prosperous India i.e. Purna Swaraj, can never exist in a reality until & unless the issue of the of corruption & maladministration not restricted in our politico- economy and socio-religious system . Thus the strong Lokpal bill with willingness of our elected representatives is unavoidable. It is not necessary to get elected as Member of Parliament to raise voice against Corruption as every Indian under fundamental right having forcefull will against malpractices , further as a tax payers of country.
 Good Governance with transparency needful to avail necessarily along with successful implementation of RTI act 2005. Elimination / decrease scale degree of corruption is moral imperative as well as an economic requirement of  India for its prosporous development with downsizing of  bureaucratic delays, increase  functional specialization and heterogeneity  and curbing corruption as well maladministration with mission 2012   can raise the GDP growth rate, downfalls inflation  and strengthen standard of living for Indians and put corrupt officials behind bar.
                      According to 2nd ARC ‘s report “ The six perceived governance quality measures, each an aggregate of a number of sub-measures, are: voice and accountability; absence of political instability and violence; government effectiveness; reasonableness of the regulatory burden; the rule of law; and the absence of graft. Of
these, the last two are the most directly significant in the context of ethical governance. ‘Rule of law’ measures whether crime is properly punished or not; enforceability of contracts; extent of black market; enforceable rights of property; extent of tax evasion; judiciary’s independence; ability of business and people to challenge government action in courts etc. ‘Absence of graft’ measures relative absence of corruption among government, political and bureaucratic officials; of bribes related to securing of permits and licences; of corruption in the judiciary; of corruption that scares off foreign investors”

Further ARC stressed that “There is a perception that the public services have remained largely exempt from the imposition of penalties due to the complicated procedures that have arisen out of the Constitutional guarantee against arbitrary and vindictive action. Those Constitutional safeguards have in practice shielded the guilty against the swift and certain punishment for abuse of public office for private gain. A major corollary has been the erosion of accountability. The huge body of jurisprudential precedents
has crowded out the real intent of Article 311, and created a heap of roadblocks in reducing corruption. While the honest have to be protected, the dishonest seem to corner the full benefit of Article 311”.
                                         Today, there is utmost need for a comprehensive examination of the entire corpus of administrative jurisprudence to be rationalize. Presently the main  indicator of lack of enforcement is delay in sanctioning prosecution of a delinquent by the competent authority mainly due to irrational reason to protect maladministration and corrupt officials.

To attain ethics & corruption free system in our country following points to be consider:                                                                                                          

1 C.V.C (central vigilance corruption) is authorized for investigation under the Prevention of Corruption Act, 1988 for certain categories of public servants and to give directions to the DSPE (Delhi special police establishment , 1941) for purpose of performing this responsibility AND reviews the progress of investigations conducted by the DSPE into offences alleged to have been committed under the PC Act. CVC presently exercises a general check and supervision over vigilance and anti-corruption work in Ministries or Departments of the Govt. of India and other organizations to which the executive power of the Union extends as well as chair the Committee for selection of Director (CBI), Director (Enforcement Directorate) and officers of the level of SP and above in DSPE with responsibility of Protection of Informer and recommend appropriate action to curb corruption.                                                                                                                                           Ironically, CVC consisting of  small staff at present without powerfull police aids. It is questionmark for group C & D employees (approx 58 lacs ) not to be covered under Lokpal but CVC to examine corruption cases. Further on the darker side parallel bureaucracy needful  and will stand as needful for Lokpal’s office.
2  Constitutional status will provide strong spine to this act and Rahul Gandhi’s vision is positive but fail due to opposition stand otherwise constitutional bodies like Election commission & UPSC  are working effectively with power.
3 Issue of Lokayukta under Lokpal bill is not an hindrance to “Federal Mechanism” as Parliament is supreme to make law for safeguard of all over the country and issue of corruption starts from little cases like patwari ,thanedar,inspector and tehsildar etc. If it is said that preamble starts from “we the people”……comprise of all states and forms India , thus states’s supremacy or fedrelism is target than , parties opposing in the name of federal structure destruction are against Lokpal & Lokayukta. Procedure of state legislatve assembly power will not be destroy and their consideration need to be comply with. 
                                               ...................................      to be continue

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