Drafting lok pal bill: how to go about?
corruption like monopoly price hike and inflation is a cancerous growth: Corruption in any form distorts law,contracts, the natural public and private household budgets,market prices and incomes and in effect affecting and distorting the savings and investments and growth rates.It poses a threat to the orderly growth and political stability of the country.Every effort is needed to remove/ minimise, if necessary with heavy criminal liabilities and punishments and without sparing any "public body" and lokpal bill should work toward that direction but within the seperation of powers legal structure to protect the system and citizens
Public rights and protecction of public interest should have corresponding legal remedies: Public right, public interest,in contrast with private rights and interests are provided with totally inadequate legal remdies in our legal system.the supreme court has devised what is called public interest litigation in cases of violations of public rights/interest resulting in public injury and coruption in high places and abuse of governmental or public powers for political or private gain and also in case of deprived sections to enforce the rights in their favour because of poverty and similiar resons.But with it is a rising trend of complaints of corruption and misuse of judicial power by some judges is also being heard and with it the deamnd for judicial accountability.
Govt Lokpal bill 2010(http://ibnlive.in.com/news/lokpal-bill-to-cover-pm/135533-3.html):The proposed govt lokpal bill 2010 is inherently defective and does not serve tne purpose of protecting the public interest or prevention of curruption in public life, rather increase the same and likely to abused affecting the direction and growth prospects of country.
Political party heads as main sources of coruption in public life:National commission 2001 report exemting the PM point blank from the perview of lokpal is also not a good idea taking the historical global experence.The mode of selection and appointment and removal proposed in lokpal bill is also wrong without sense of purpose and direction.The prior sanction of speaker is abnoxious except against arrest while in session.The vice president, priminister,opposition leader etc as members of committie is repugnant to the idea of pevention of corruption in public life as the persons holding such offices are the main source of corruption and is the reason for the bill since they are the holders of office of political party heads and governmental bodies both legislative and excetive heads in our system of constitutional governance.
We need an altogether new direction on the lines of personal seperation of powers advocated by montesque applied to indian conditions as a part of bringing about uniformity with leading progressive constitutional practices like in US , in an environment of india playing an important role in globalized economic and political world.
.
The first principle to be remembered is that no two powers to be entrusted to the same body of person over the same subject matter and it should be applicable lokpals.
Recent public anger and Anna Hazare:The complaints that the governments wants to protect corrupt on political grounds than punish and punish only those who are not towing the line of ruling party in power and incase of compromise with opposition to suppress the complainants and votaries of public interest and therefore the credibility deficit, goloring complaints of discontent against the government handling corruption in high places and public interest complaints before the courts and distrust against all political parties have found their expresion in recent public anger protests under the leadeship of Anna hazare.
Younger generation:Are the priminister, sonia gandhi, opposition leaders and political party heads in states and centre are really honest in their public statments to go with AnnaHazare in lokpal bill? and if so which direction? to frustrate it or to operationase it to its desired purpose?. Public and younger generation have become more vigilant to assert the democratic reforms towards transperancy and accountability, to syncronise the country legal system with the new global challenges and oppututnies for their own survival and for that are ready to use the new tools of social networking.
Three problems and possible solution:There are three problems afflicting our constitutional and legal system touching corruption in public life.
1.Lack of independance and autonomy to investigation and prosecution agencies like CBI,CVC and ED etc from political executive.
2. lack of seperate appropriate speedy independant judicial machinary to protect public interest matters including the prevention of corruption in public life and by public servants.
3. Executive heads combining in themselves both legislative and executive powers and also heads of political parties under the constitution which is breeding the corruption and lack of transparency in public life.The executive control over the police in all its functions is reminiscent of british colonioal legacy not consistenet with democratic system of governnce with protection of citizens from arbitrary and tyrannical exercise of power with little constitutional remedies ineffective in the face of such power.
1.Lack of independance and autonomy to investigation and prosecution agencies like CBI,CVC and ED etc from political executive.
2. lack of seperate appropriate speedy independant judicial machinary to protect public interest matters including the prevention of corruption in public life and by public servants.
3. Executive heads combining in themselves both legislative and executive powers and also heads of political parties under the constitution which is breeding the corruption and lack of transparency in public life.The executive control over the police in all its functions is reminiscent of british colonioal legacy not consistenet with democratic system of governnce with protection of citizens from arbitrary and tyrannical exercise of power with little constitutional remedies ineffective in the face of such power.
Follow Mr S.Lakshma Reddy, Advocate, High Court of AP at http://slakshma.goforthelaw.com
No comments:
Post a Comment