Tuesday, June 14, 2011

[HumJanenge] Indian Corruption - Lokpal Bill - "MUST READ" - (Mail - 2) - Why Lower Beurocracy Shall Be Out Side Lokpal's Purview ?? - Lok Satta's response and Appeal to Members of Lokpal Drafting Committee - Jagte Raho Deshvasio

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Dear All Members of Lokpal Drafting Committee,
 
Lok Satta's ( www.loksattamovement.in & www.loksatta.org ) this mail is in continuation to our earlier mail dated 11th June (Reg: Why Judiciary Shall Be Out Side Lokpal's Purview ??).
 
What Loknayak JP said in seventies was ideal. A sort of revolution came. But what? The things worsened. The evils in political sphere increased.The weapon of attack boomeranged on the attackers. Requirement of character in public life went into the backstage. Other institutions also got corrupted. In Govt. offices now there is no time limit of disposal. No effective monitoring. It now entirely depends on the pairvi of the seeker howsoever the genuine or urgent the cause may be. 
 
Therefore as discussed in our earlier mail, there are no quick-fixes. Strong & resolute action while preserving constitutional balance is needed.  While pressure must be kept on Govt, we must have a mature and balanced approach & respect Parliament & create checks and balances.
 
One jarring note in the current anti-corruption movement is hatred of politics & elected bodies. Politics can be set right only by more, participative and decentralised democracy & and better system-process of elections.   
   
Although, we need robust, strong, effective and independent Lokpal/Lokayuktas to check corruption. But we must remind ourselves that there is no single magic wand. Many more areas of governance will have to reformed including Political & Electoral Reforms and decentralisation of governance up to ward sabha level in urban and up to Gram sabha level in Rural India. Omnipotent Lokpal is no panacea and we need checks and balances. We must further remind ourselves that Higher courts still have stature and credibility. Lokpal cannot answer all problems.
 

Citizen leaders of the Lokpal Bill campaign particularly Respected Shri Anna Hazareji are requested and to direct the public anger towards reasoned debate with right perspective in a constitutional democracy. Otherwise we run a risk of pushing the constitutional democracy in to populist democracy and we must remember that there is a very thin line between populist democracy and mob rule. 

 

Since we have 2 crore government employees, the volume of work to be assigned to the Lokpal shall be so that it does not crack under the load of work given to it. We must keep in mind the experiences of "Right To Information Act" in recent past, where appeals are now piling in thousands. The load on Right to Information is bringing it down under its own weight.

 

Shri Arvind Kejariwalji himself is an RTI activist and is witness to the slow progress of RTI and among various other reasons the volume / load of work on the system is the primary reason.

 

In this backdrop, Lok satta Aandolan submits today summary of the research on the issue of Lokpal Jurisdiction over lower bureaucracy.

 

Similarly we will be submitting our submission very soon on other rmaining two  contentious issues viz:
            
 

                Lokpal Jurisdiction

 

  • Over Prime Minister
  • Over Legislators Conduct in the House

for your consideration and for reasoned debate during the forth coming meeting of the drafting committee. In view of the importance of the issue, and the need for building a national consensus, we are taking the liberty of sharing this communication with all citizen of India including leaders of political parties, members of the Parliament and media. 

 

Lokpal and Lower Bureaucracy

 

·        India has about 20 million ( 2 crore) government employees (including Public Sector undertakings). Even if 1% cases are taken up per year, they will amount to 200000 case of corruption right from Canstable of police to the Minister.

 

·        Lokpal/ Lokayuktas should be high authorities addressing grand corruption, infusing confidence in public minds, and creating a climate of transparency and probity.

 

·        If the top is cleaned up, it will be easy for the top leadership of any organization to clean up the rest of the machinery.

 

·        Our goal should be to ensure that the top hundred corrupt people in politics or higher bureaucracy are convicted every year, and their properties are confiscated in each state and at the union level.

 

·        If Lokpal/Lokayukta is inundated with innumerable complaints against millions of low level officials, its efficacy will be eroded.

 

·        We have the mechanism of Vigilance Commission at the Central and state levels.  If the CVC/VCS are entrusted the responsibility to control corruption in lower bureaucracy, the problem will be addressed.

 

·        Second Administrative Reforms Commission has proposed the Chief Vigilance Commissioner as ex-officio member of Lokpal, and the Vigilance Commissioner in the state as ex-officio member of Lokayukta.  If Central Vigilance Commission / Vigilance Commission are appointed in the same manner as Lokpal/Lokayuktas, and they became part of these high institutions, the challenge of dealing with millions of employees can be met effectively.  Lokpal/Lokayukta will not be burdened with small cases; and yet CVC/ VC will function under their guidance, and will have autonomy.

 

·        Lokpal/Lokayukta can always investigate and act in any case relating to lower bureaucracy whenever they feel it is warranted.   There should be no jurisdictional bar.  Whenever large sums of money are involved, or a grave injustice/impropriety needs to be addressed, they can always intervene.

 

·        But the focus should always remain on high functionaries at Lokpal/Lokayukta level.

 

·        The same logic applies to grievance redressal also.  Independent grievance redressal authorities should be created in each state/agency, and they should function under the overall guidance of Lokpal/Lokayuktas.

 

·        Lokpal/Lokayukta should have powers to recommend removal of public servants after investigation.  Article 311(2) should be suitably amended to facilitate removal of officials without any further enquiry, once Lokpal/Lokayukta give their findings.

 

 
--

Regards,

Surendra Srivastava
Volunteer - Lok Satta Aandolan
Tel: +91 22 2377 2279 Email: surendra@loksatta.org.in
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