Hello again, welcome once again to my blog.. As you all know, every Indian has been debating the Protest by Anna Hazare and the JanLokPal bill.
Before, I write any thing, let me clarify it’s my heartfelt wish to see India a Corruption Free Secular State, but, I have severe reservations against the JanLokPal bill presented by Team Anna..
First and Foremost, Team Anna wants every Government Employee (State & Central) to come under the preview of LokPal, not a bad advice, I must say.
But, to cover 5 Million employees & to hear complaints against all these employees will need at least 5000 LokPal’s and at least a team of 50,000 employees. I am not saying that we don’t have the Work Force, but
- Who will take care of the Training Aspect?
- Ultimately, who will these 5000 LokPal or LokAayuktta’s be?
- After you study the procedure laid for recruitment laid by the Team Anna, you will notice that they want above 40 aged people to be in the office and ultimately, you will find the current Grade-I officers being the Lok Aayuktt…
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Also, for a change, this time, Mr Shabd Mishra one of my Extremely Learned Friend decided to write a Guest Post on my blog and here’s his take on this entire bill ::
Janlokpal seems to be the latest fad in INDIA! While the media potrays that majority of the Indians support Janlokpal, quite a few PATRIOTIC INDIANS , including yours truly, DO NOT support this bill! I have reasons for not supporting this Janlokpal bill but first lets get an understanding of what is Janlokpal bill! For according to an on-the-spot survey at “Ramlila Maidan” – 98 % people/protestors were there to support “Fight against Corruption” and had no clue what so ever about the contents of Janlokpal bill!
“Fight against Corruption” and “Janlokpal Bill” are not the same!
Of course, Janlokpal bill is one of the ways to address this issue but it is neither practical nor honest in its intent!
Contentious issues of Janlokpal bill as proposed by “Team Anna”!:
1) Clause 2) Definitions:- In this Act, unless the context otherwise requires:
Sub clause: (12) “Public servant” means a person who is or was at any time,- (a) the Prime Minister; (b) a Minister; (c) a Member of Parliament; (d) Judges of High Courts and Supreme Court; (e) a Government servant;
MY ISSUE: This implies LOKPAL will become a higher authority than the government! If power corrupts, absolute power will absolutely corrupt!!
2) Clause 4 Chairperson and Members of Lokpal
The Chairperson and members of Lokpal not to have held certain offices- The Chairperson and members of Lokpal shall not be serving or former member of either the Parliament or the Legislature of any State and shall not hold any office or trust of profit (other than the office as Chairperson or member) or would have ever been connected with any political party or carry on any business or practice any profession and accordingly, before he enters upon his office, a person appointed as the Chairperson or member of Lokpal shall-…..
MY ISSUE: This seems to be a custom job requirement, created by “Team Anna” for themselves!! Why can’t an honest citizen be connected with a political party? Also how does one define connection? I may not be a member to a political party yet could have political affliations!! So can a member of Janlokpal!
3) Clause 6. Appointment of the Chairperson and members:
Sub clause 2(b) Any person who is less than 40 years in age (cannot be a member of Lokpal).
MY ISSUE: Wow! So the youth of this country will vote, drink, fight for Janlokpal bill BUT CANNOT BE a member of LOKPAL!! ABSURD!! And hear this: Sub clause4. states, “The members and Chairperson should have unimpeachable integrity and should have demonstrated their resolve and efforts to fight against corruption in the past.” – Who will give this character certificate? If I write against Janlokpal, am I for or against corruption?
4) Clause 6. Appointment of the Chairperson and members:
Sub clause 3) At least four members of Lokpal shall have legal background.
MY ISSUE: If lawyers are so important to the functioning of Lokpal, why not allow the judiciary to run the show? How will these lawyers investigate or delibrate on complex technical issues like 2G, spectrum, bandwidth, RFD, cement to sand ratio, medicine formulae… technical deliberations which require more technical expertise than being just a lawyer!! ABSURD AGAIN!!
In fact there is no need for lawyers, any educated person can read and interpret laws!! For legal implications, why can’t we use consultants? Law ministry? AG?
5) Clause 7. Removal of Chairperson or members
Sub clause(1) The Chairperson or any member shall not be removed from his office except by an order of the President.
MY ISSUE: This clause may be justified that no interference or influence may be exerted on the Lokpal. However if the President of India can be impeached by the Parliament, the Lokpal should also fall under similar arrangements!
6) Clause 8. Powers and Functions of Lokpal
MY ISSUE: This entire section needs a serious revisit! Do we really need an authority with such draconian powers?? There are 38.76 lakhs employees of central government according to 2001 census. 50 lakhs are in PSU’s (central and state combined) + we have state government employees!! How will lokpal deliver justice to them? What if false complaints are lodged? Lokpal vaguely answers the false complaint but not convincingly! Subclause (3)says “Suo moto initiate appropriate action under this Act if any case, of the nature mentioned in clauses (1), (2), (3) or (4), comes to the knowledge of the Lokpal from any source.” and under Clause 20. Protection of Whistleblower, will not disclose the source. So it will be a nightmare, if the Lokpal chairperson or member is corrupt, jobs of millions will be at the mercy of this new authority…as if they did not have enough powers to appease!
7) Clause 17. Matters not subject to investigation
Subclause: (1) The Lokpal shall not conduct any investigation under this Act in case of a grievance in respect of any action-
(i) if the complainant has or had, any remedy by way of appeal, revision, review or any other remedy before any other authority provided in any other law and he has not availed of the same.
MY ISSUE:: So is the Janlokpal suggesting that they are above the Supreme Court of India?
Why should the citizens give-up their right to appeal?
8) Clause 23. Staff of Lokpal
Sub clause(4)
Without prejudice to the provisions of sub-section (1), the Lokpal may for the purpose of conducting investigations under this Act utilize the services of.-
(a) any officer or investigating agency of the Central Government; or
(b) any officer or investigating agency of any other Government with the prior concurrence of that Government; or
(c) any person or any other agency.
MY ISSUE:: So the staff of the Janlokpal will be the same officers who are serving for government! WOW!! This is simply incredible!! What incentive will they have to jump jobs to Lokpal? Isn’t the Janlokpal bill origins because of the very corrupt nature of these officers and politicians?
9) 26. Complaints against officers or employees of Lokpal
Sub clause (6) If, during the course of investigations, the Lokpal feels that the charges are likely to be sustained, the Lokpal shall divest such officer of all his responsibilities and powers and shall place him under suspension.
MY ISSUE:: Hold on!! Did I read that correctly??
Lokpal will investigate complaints of it officers on its own!!
BUT then I thought “Team Anna” says that Government should not investigate complaint of government servants, so what is it that makes “Team Anna” holier than all of us?? Isn’t that akin to “Hum kare to Chamatkar aur tum karo to …….” (Pardon me for the language)
10) 26. Complaints against officers or employees of Lokpal
Sub clause (7) If after completion of enquiry or investigations, Lokpal decides to prosecute that person under Prevention of Corruption Act, 1988 or holds him guilty of any misconduct or of conducting dishonest enquiry or investigations, then that person shall not work with Lokpal anymore. Lokpal shall either dismiss that person from the job, if that person is in the employment of Lokpal, or shall repatriate him, if he is on deputation.
MY ISSUE:: Now on one hand Team Anna wants sweeping powers for the Lokpal, they will destroy the life of an individual or organization which deliberately or mistakenly commits an error and is found guilty, but will repatriate a lokpal officer!! WHY?
I honestly think members of “Team Anna”, Lokpal (when it is ready) and its staff should be publicly hanged to death if ever found guilty under corruption!! Am sure ANNA JI will agree and have no objections to this, for he has used harsh punishments on the youth of his village himself!
11) Clause 32. Power to make Rules
Sub clause(1) The Government may, by notification in the Official Gazette, make rules for the purpose of carrying into effect the provisions of this Act.
Provided that such rules shall be made only in consultation and with the approval of Lokpal.
MY ISSUE:: If democratically elected members of the parliament are people’s representative then why should they not be allowed to change the Janlokpal law at any point in future as per their will? And why should the Lokpal be involved in framing a law that is related to him/her??
I AM ONLY AN ORDINARY CITIZEN OF THIS GREAT NATION CALLED INDIA AND HAVE SOUGHT CLARIFICATIONS ON 11 POINTS ABOVE, I HAVE MORE! I DO WANT TO FIGHT AGAINST CORRUPTION! IF I OPPOSE THIS BILL AS IT IS, THIS DOES NOT MAKE ME A TRAITOR!
I DO NOT THINK PEOPLE HAVE READ THIS LAW! I DO NOT THINK SUPPORT FOR “TEAM ANNA” IS AN INFORMED DECISION! I THINK PEOPLE ARE SIMPLY FRUSTRATED AND HENCE THE SUPPORT!!
BUT
I DO NOT THINK ANNA HAZARE IS DOING JUSTICE TO THE NATION BY BLACKMAILING THE GOVERNMENT AND WITH HIS NUMEROUS DEADLINES. A WRONG BILL WILL CREATE A BIGGER MONSTER THAN CORRUPTION!
I THINK PARLIAMENT AND DEMOCRACY SHOULD PREVAIL
I THINK THE BILL SHOULD BE DEBATED IN THE PARLIAMENT, MODIFIED, LOGISTICS AND IMPLICATIONS BE CONSIDERED
I ALSO THINK “TEAM ANNA” IS WRONG IN THRUSTING THIS JANLOKPAL BILL TO THE GOVERNMENT AND PEOPLE OF INDIA.
I ALSO REQUEST ANNA TO BREAK HIS FAST THOUGH I KNOW HE WILL SURVIVE FOR ANOTHER 6 WEEKS AS HE HAS BEEN CONSUMING WATER!I RESPECT YOUR OPINION, YOU NEED TO RESPECT MINE!
If you agree with what Mr. Shabd Mishra said, please drop in a tweet on http://twitter.com/#!/Shabd or leave your comments here, I shall forward him with utmost pleasure…
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Now, this is what I have to add :
1. We all definitely agree that a strict Law is needed to fight against corruption.
2. To make a strong Law an Intensive study plus discussion is needed & it needs time.
3. So, the Ploy by Team Anna to pass the bill in its current form with in a fortnight looks very naive to me.
4. Yes, I know, you all will jump that already this bill has been delayed, yes, that was a mistake, but will two mistakes will ever make a Right?
5. Yes, we all need a strong Law, but that’s not possible overnight, we need to accept that..
For every one willing to criticize me, I am ready to accept your views and hope for the same from you…
And If you agree or disagree with any of our views, do drop in a comment..
God bless India and May We fight all our problems and reach our Goals !!!
