INDIAN DEMOCRACY COMES OF AGE = VICTORY & LESSONS FOR ALL = PARLIAMENT PASSES HISTORIC RESOLUTION IN BEAUTIFUL MANNER = Post.9 Dated 28,Aug, 2011

DEMOCRACY COMES OF AGE

VICTORY FOR ALL

LESSONS FOR ALL

INDIA’S

FIGHT AGAINST CORRUPTION

Post.9 Dated 28,Aug, 2011

Finally, the resolution was passed by the Indian Parliament – in a way, which was more than satisfying.It was heartening. After hearing all sides and all shades of arguments, the resolution was passed in a simple, beautiful manner.

Ø  First, it was Unanimous. Not even by voice vote – but by thumping of desks, which was considered more than a Voice Vote. This it self is extremely heartening.

Ø  There was a Day-long discussion. Sushma Swarajji, the leader of the Opposition made a brilliant speech. She drew attention to the deep pains in the hearts of – the opposition, the team Anna and the people in general. She outlined why the struggle came to such an impasse. Her advice – not to say anything which you will need to regret later – was particularly timely.

Ø  Too many harsh words were spoken during this Andolan period – starting from the Fast of Swami Ram Dev. Too many undemocratic steps were also taken – to sully the images of the Andolan leaders. Let there not be a single such incident of violent silencing of democratic protests, in India, in future. This is a lesson that Political leaders must learn from this extremely peaceful Andolan. If such unsavoury incidents are repeated in future –it would mean, that democracy is yet to take roots in the minds and hearts of some of our Political leaders.

Ø  The intemperate barrage of words was not limited to Political leaders. Some in Team Anna also were guilty of using them – and, in the final analysis, these words only stand out as the ugly side of the Andolan.

Ø  The curious thing is – the politicians don’t remember what they themselves said and did in the ugliest possible manner but accuse the Andolan leaders of using bad language. The Andolan leaders remember what the Politicians said and did but not what their own members are saying. But to be fair to Andolan leaders, they only used a few harsh words – unlike Politicians who used bad words and Bad, unacceptable actions too – and usually they were the first to start this.

Ø  The leader of Opposition says – The prime Minister is right. Follow what he says. Have you ever heard of this in India – or any other country? And – she was telling this to the Prime Minister’s own Ruling Party. I perfectly agree with her.

Ø  This Prime Minister is one of the most honest, non-corruptible Prime Ministers India ever had – and for a long time, many in India were feeling that the people around him were advising more and listening less to this statesman  PM.

Ø  What set the tone earlier was of course the Prime Minister’s own appeal to Anna Hazare – to break his fast and apologizing for any thing wrong said about Anna. This was a brilliant piece of statesmanship.

Ø  It was then, well responded to, by Anna Hazare – spontaneously apologizing for any pain caused to the Prime Minister.

Ø  Forget about the lesser souls who do not know how to apologize for what wrongs they do. Hopefully, they too will learn the lessons.

Ø  Arun Jaitley’s analysis was also Brilliant. He responded to the call of the nation – and showed that his party unequivocally stands for a strong Lok Pal, more or less on the lines of what Team Anna has drafted – with well-reasoned modifications here and there. What stands out in his speech is – there was no heat, but just Light alone.

Ø  There were other very Good speeches from various Opposition and UPA leaders.

Ø  As must be expected – there were dissenting and doubting voices on this legislation. Minister of planning Ashwini Kumar said, “If there is one issue on which there is complete unanimity, that issue is law making is the domain, and the exclusive domain, of both Houses of Parliament, and that law making cannot be effectuated under a banyan tree or a peepul tree, by scores of people sitting under it. The day we allow ourselves to regress into that kind of a coercive legislation, that would be the death knell of all that we have nurtured to create and consolidate us further.”

Ø  A few more such doubts and dissenting voices were there. But, one needs to remember again and again, that Parliament failed to enact the law on Lok Pal for 42 agonizing years – during which the number of cases, the scale of corruption and its brazenness has grown phenomenally in our country.

Ø  In the face of this monumental corruption – which was frustrating to the poor, to the middle classes, to the rich and every body in India – Can we say that Democracy is successful in India? It is ridiculous to compare ourselves with the theocratic countries adjacent to us in this respect and pride ourselves as better than them. Therefore, this Andolan was eminently justified.

Ø  It is nobody’s case – that laws must be made outside Parliament and state legislative Assemblies. The simplest contextual question that arises then is – will the parties who say they are not against Lok Pal – bring Lok Ayukth in the states Governed by them at least? Please do bring the Lok Ayukth Law in your respective states – without the need for such Andolan. People are tired of corruption in the Police stations, Tahsildar offices, Panchayat Offices, RTO offices and other offices. People will salute you if you create an effective Lok Ayukth in each state. All those who swear by the poorest people must take the lead in this. But, if a state Government stubbornly refuses to have Lok Ayukth – and is indulging in naked corruption - what should people do? A peaceful Protest, which Parliament accepted as a democratic Right, will become justified against every such Government.

Ø  Sri Pranab Mukherjee doubts if Lok Pal bill alone can eradicate corruption. He is right. Lok Pal Bill alone cannot eradicate corruption. It is like the CEC Post. It did not matter much till Shri T.N.Seshan became the CEC. Till then – CEC post was more a bureaucratic, ornamental Post of less consequence. But, T.N. Seshan put some semblance of democracy and order into a chaotic system that existed till then, despite the CEC Act. Suddenly, booth capturing started disappearing. Fraudulent voting came down. Cash-for-votes was coming down. Election expenses of Candidates were subjected to Greater scrutiny. Surely, Mr.Seshan brought greater democracy into Elections by his fearless actions. There were big critics of him – among Politicians then also – as there are of Anna now. So, now – is the time, to select good, strong Lok Pal and Lok Ayukths – who can cleanse the system of its corrupt practices significantly, though not totally. The person matters most – once the powers and system are on hand.All said - Sri Pranab Mukherjee's speech was also laced with good, effective arguments.

Ø  Do we need such Peaceful Protests in future? Surely, Yes. But, Governments should stop their vindictive, undemocratic, silencing actions against such peaceful protests. In other words, peaceful, public Protests against Government inactions and wrong doings – must become the order of the day, for a healthy, vibrant Democracy. There is nothing wrong in it. Likewise, the Peaceful Protestors must stick to issues – without using harsh words and extreme actions against any Individuals.

Ø  What are the other lessons that India must learn from this Historic Andolan? There are some sections who expressed that they had no due representation in the Andolan. In such Andolans – Every one must go and involve -  and become a part of it. As simple as that. Aamir Khan went. Shah Rukh Khan went. Shabana Azmi went. They were all most welcome. Likewise – Sri Sri Ravishankar, Sadhguru Jaggi Vasudev and many other spiritualists went and supported. I supported – not physically but through my blogs. Whoever does not want corruption – can support in whatever way they want and can.

Ø  Not only Anna – but many others were fasting during the Andolan. Their names are not so well known.  But their sincerity to the cause is equally praise worthy – we must salute them all.

Ø  What is the flip side of the Andolan? It remained loosely organized from beginning to end. Perhaps, it was its very nature. People who felt deeply for the cause, just came together – and Anna lent his support. Nothing more of a clear organizational structure could evolve. This seems to have given some heart burning to some people – which happens. It is now necessary to evolve a clear organizational structure for future use.

Ø  The Media – at least some of the sections of Media – were strident in their support to the cause. Many in the Media were high lighting the Pluses and Minuses of the Andolan, of the UPA Government, of the Opposition and of the cause very well; though huge, one sided reporting also was there in some sections. The Media support was a great factor – in the success of this Andolan. I think, Team Anna needs to be grateful to the media.

Ø  Some sections of Media did not know how to handle this juggernaut of the Anna and team Anna Phenomenon. I would suggest – please recognize every worthy Public cause – and support the cause, and its crusaders - even if you need to highlight some lacunae in handling it.

Ø  Please remember – there will be a crusade for any worthy cause – only if there is a sincere, motivated crusader. If you de- motivate the crusader, the cause will die along with him. If there is no Fighter, there is no fight.

Ø  The opposition played its role, initially very passively – and then very Positively. A very welcome step indeed.

Ø  Is there any one crucial factor that needs some more reflection? It is nothing but the flip flops of UPA Government. Easily, very simply – it could have stolen the whole lime light from all others – from Anna, from Team Anna, from media and from Opposition – It only needed to show deep sympathy for the cause and support for the crusaders and seek their  comments on every clause. Then, seek Opposition view on it.  President Obama is doing it daily in many ways. Why can’t we do it in India? Public cause crusaders are not Enemies. They should be treated as friends. Some People in Media felt, Jawaharlal Nehru would have done it – on the very first day.

Ø  Well, at the end – the Prime Minister remains high in the esteem of the People of India. So does Anna, the public cause crusader. So does the media. And, that is what matters. I am sure – UPA Government will come up quickly with an effective Lok Pal Bill – overcoming all obstacles it sees on the way. If it does – it will still be able to steal the show from all the rest. Today’s passing of the Resolution itself – needs congratulations for the Government.  It is a victory for all. It is a victory for India. There is no defeat for any one. Democracy is coming of age in India – and will fly high – if we all learn the needed lessons from this victory.

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INDIA’S FIGHT AGAINST CORRUPTION = NO EXPENDITURE WAY ON LOWER BUREAUCRACY = LOK AYUKTH & CITIZEN'S CHARTER MORE ESSENTIAL = MEIRA KUMAR,THE MOST DIGNIFIED SPEAKER, HATS OFF TO YOU! =Post.8 Dated 26,Aug, 2011

INDIA’S

FIGHT AGAINST CORRUPTION

Post.8 Dated 26,Aug, 2011

India’s Fight Against Corruption is still a long way ahead. Now – we are reasonably sure that a strong Lok Pal will be a reality within a few months time. It may be mid way between Govt Lok Pal and Jan Lok Pal – and slightly differing from both. At present, what we understand is – Anna wants 3 simple demands fulfilled in Parliamentary debate and final Bill.

LOWER BUREAUCRACY : Some people are of the opinion – that including lower bureaucracy will involve a gigantic structure and huge expenditure. This need not be. This blog had many times suggested that – just bring in the present Anti-corruption / vigilance wings of all Departments under Lok Pal and create a deputy Lok Pal for each such wing of a Ministry or department. The expenditure will not go up.

All future selections for these wings must be by the Lok Pal organization – and it should be inter/trans-ministerial – rather than intra-departmental as at present. People of one Ministry will be shifted to another on their selection to Lok Pal; but, it can be with some humane considerations.

The present  intra-departmental selection of personnel was the cause of ALL INEFFICIENCIES of these anti-corruption wings till now. These were inefficient, incompetent and hugely biased – because of their affinity for the known personnel in their offices / department. By making Lok Pal responsible for all selections and making the selections Trans(inter)-ministerial, the problems are solved significantly.

So, bringing Lower bureaucracy under Lok Pal is not going to involve huge additional staffing.

LOK AYUKTH : Second Problem is of Lok Ayukth. States are neck deep in corruption while Centre is only hip deep in corruption. Lok Ayukth for states is a more urgent necessity than Lok Pal for centre. If you do not create Lok Ayukth for all states uniformly – states like Gujarat and Karnakata may also feel like abolishing their Lok Ayukth acts and Lok Ayukth Posts – and they will be justified in doing it – if Parliament does not feel it justified to include Lomk Ayukth also in the Lok Pal Bill.

As we all know, our major headache is with the Police, the Panchayat office, the RTO etc – and not with Post offices of railway offices. So, please, do not hesitate to bring in Lok Ayukth for all states please.

CITIZEN’S CHARTER :How do you establish corruption? If my need in a Government office is not done in a reasonable time – I must assume demand for corruption. Make the citizen’s charter clause simple, direct and effective. But, definitely include it  in the Bill. By this one caluse, corruption comes down and efficiencies will go up.

These are 3 simple demands of Anna.

Why hesitate to accept them, sir. My appeal to Parliament and PM is – Please accept the validity of these 3 demands and include them in your resolution.

The country will be grateful to you.

Lastly :

PUNISHMENTS : Here, I do not agree with either Team Anna or with Government Bill.  As with all other Laws, this law is also blundering on punishments. Punishments must be just, adequate, reformative and constructive – but not punitive and destructive.

If we are to punish both Bribe givers and bribe takers with Jail sentence as prescribed in these 2 Bills, most of India will be in Jails only. Does it not look foolish, sir.

For 1^st offence and second offence, impose hefty fines. Impose, reduction in salary. For third offence, drastic reduction in Grade. A Tahsildar may be made even a peon, for the third offence. A commissioner may be the lowest Grade Gr. A officer again. But, keep out Jail sentence. If the bread winner is Jailed, the family will be on streets, begging. The bread winner himself, after Jail term, will become a permanent criminal for his livelihood. Many of our Laws are draconian in this respect. But, this one Law of Lok Pal will be capable of putting into Jail, the whole of India.  

Keep the Jail sentence – for huge scams like 2G, CWG where Ministers do it daringly and glaringly. For Government servants, limit to the 4^th offence onwards. From then on, send them from Lok Pal to the courts of law for Jail Punishments. Indians are all capable of reforming; and they will reform. A Hard core of 0.1% may remain, corrupt even then.

Make the Lok Pal a reality – very quickly, sir. Many MPs are saying – Parliamentary Authority is being  eroded by Anna’s Agitation. But, sir, this agitation has come after 42 years of Parliament’s delay. Don’t you all think – that Parliament has eroded its own authority? 

And then – how did Government deal with Swami RamDev? Or, even with Anna? These are ugly scars on our National History. Nothing  short of that.

Make Laws quickly and effectively. Make Indian Parliament a model for the rest of the world. We all want Parliament to be the effective Institution it is designed to be.

Who is most dignified in Parliament? Many are. But, in my view, Meira Kumar, the speaker is the most outstanding – in her ever smiling way of dealing with agitated speakers and MPs. She always handles the sessions like the most benevolent mother of agitated children. 

I find her as the Most dignified and effective person in Parliament. 

Madam Speaker, Hats off to you.

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INDIA’S FIGHT AGAINST CORRUPTION = PROGRESS IN SIGHT = HOW TO RESOLVE CONTENTIOUS ISSUES = = Post.7 Dt. 24,AUG, 2011

INDIA’S

FIGHT AGAINST CORRUPTION

Post.7 Dated 24,Aug, 2011

PROGRESS IN SIGHT

RESOLVING CONTENTIOUS ISSUES

Now – things have started happening. PM has chosen his emissaries well. Talks have started. Government has become flexible. So has Team Anna. It is good to see Kejriwal and Prashant Bhushan talking highly sensibly and flexibly. Many contentious issues appear to have been resolved. Some more are there – but I do expect them to be resolved in 24 to 48 hours time. We are now gaining that confidence.

Dirty Politics have taken back seat – for the present at least. But, those who have that itch will come to the fore – some time or other.

The PM, MMS also deserves appreciation for a significant change in Government stand.

Some sections of people are not joining the FIGHT AGAINST CORRUPTION – for their own reasons. India – like any other country – has not one issue to be solved, but many. Caste, Communalism, electoral reforms, education reforms and many others are ongoing processes. All these are to be sorted out with non-violent, Gandhian methods. Communalism is world-wide - not peculiar to India. Caste may be specific to India – but there are different forms of separation of people in all countries.  So are the other problems. When we fight against corruption – sink all other differences – and join the fight. That way – the potential for strengthening the battle against other problems will increase. But, if different people withdraw from each fight on different grounds – each fight gets weakened.

Great sages have said – Hate the sin – not the sinner. In case of corruption also, this is true. We cannot jail crores of Indians for corruption.  I strongly feel that more than 50% population will need to go to jail – either for taking a bribe or for giving a bribe, if that is the punishment for corruption. But, this seems to be what both the Draft Bills (of team Anna and of Government) seem to prescribe. This is meaningless.

Punishments should not be punitive and destructive – but must be reformative and constructive.

This blog has many times said – let the punishment be a deterrent FINE for the first time (and even second time). If the person has amassed wealth on corruption – seize all his ill-gotten wealth too. But, if he persists in corruption even after that – put him in Jail for any number of years. Most people will reform with the fine itself.

But, in India, the legal system is hell-bent on jailing a person for every simple offence. This should change. Our mind-sets should change. This attitude of “Hate the sin – Not the sinner” must permeate all of our other struggles. 

Coming to the FIGHT AGAINST CORRUPTION : Lok Ayukth must definitely be part of this Bill itself. Most states are stinking with corruption. This is a huge Augean stables of corruption. 

We need Hercules type of Lok Pals/ Lok Ayukths for the first time – to put some fear against corruption into our erring Politicians and bureaucracy. This means – the first appointee for the Posts of Lok Pal / Lok Ayukth – must be daring, transparent and whole-hearted in this mission. This selection is going to be crucial.

On Prime Minister coming under Lok Pal – this blog has already said that he should come under Lok Pal – but should be investigated only on a petition by 50 / 100 MPs and not on every Public petition. PM is an august Post and in many ways, much more important for the progress of the nation, than any Lok Pal. If a PM is sincere, efficient and fast working, Lok Pal must be kept in check from troubling him. Countries like USA give their president many Powers – without legislative permission – and these are necessary for the Prime Minister of India as well.  We can build safeguards like consultation with a standing committee (of ALL PARTIES) – for exceeding certain rules – but such powers are necessary for the Prime Minister, for the sake of country’s progress. In our Euphoria of fighting Corruption, let us not bring down the importance of the office of Prime Minister.

On many other points there seem to be broad agreement already. This blog is happy that –most of the solutions which so far appeared  to have been reached – are in line with what this Blog has always advocated.

On Gr. C & D staff also – this blog had given a viable 3^rd alternative. Let Gr. C & D be seen by the respective administrative Anti-corruption wings as at present. But, let these wings come under control of Lok Pal /Lok Ayukth as the case may be. Lok Pal will have full authority over selection of personnel, removal etc – for these wings and their functioning. But, he need not see individual cases. Where he feels it necessary, he can always investigate specially. The Individual Administrative wings can be overseen by an Assistant Lok Pal / Deputy Lok Pal to be appointed by the Lok Pal. Also – centrally, let them be overseen by the present CVC, who can also be re-designated as CVC (Lok Pal). This arrangement will work well.

Citizen’s charter – is essential for every department. But, let us understand that the targets go on changing. With each computerization improvements, procedural improvements, transparency improvements – the targets will need to change. A Bihar may not match a Maharashtra today – but it will, in due course of time.  

Citizen’s charter is not enough. The way, tenders are called for, works are awarded, works are done and supervised, payments are made to contractors etc – is a huge source of corruption. Here, usually no one complains. Neither the contractor nor the official. But, the users of the roads, dams, bridges, buildings suffer. A road laid today is washed off tomorrow (in one day) if a rain comes. 

So, Lok Pal/ Lok Ayuktha must have technical teams to look at quality aspects in tenders vis-a-vis actual construction later. Lok Pal’s jurisdiction should not be fettered in this case – as done in the case of CAG. CAG is allowed to see records – but not the work done. If in 2 G / CWG’s cases, CAG was also allowed to test check the work done, many more scams could possibly come out. 

Unfortunately – no independent authority does this quality check today. That’s why we pay salaries for teachers without schools/teachers existing, lay roads/ renovate without actually doing them – and so on. So – Lok Pal /Lok Ayuktha should enjoy full powers to check records, and check work done as well. India needs this badly.

These seem to be the only contentious issues remaining. Hope both sides reach agreement on them – and I do hope these 3^rd alternatives will help in resolving differences.

Good Luck to all.

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LOK PAL BILL - SUGGESTIONS MAILED TO RAJYA SABHA SECTT - DATED 22.08.2011 (POST.2)

INDIA’S

FIGHT AGAINST CORRUPTION

SUGGESTIONS TO PARLIAMENT

STANDING COMMITTEE

ON LOK PAL BILL

POST.2

(Continued from Post.1)

INCLUSION OF ALL GROUPS OF STAFF UNDER LOK PAL

Government Bill says – Only Group A shall come under Lok Pal. Not others.

Jan Lok Pal Bill says – all should come under Lok Pal.

SOLUTION : All Groups (A, B, C and D) must technically come under Lok Pal. But, Lok Pal must directly investigate only Groups A and B – which are both key functionaries under Government.

Grs. C & D must be handled by the respective departmental Anti-Corruption / Vigilance wings as at present.

But, today, their performance is not much satisfactory – because, their staff are drawn from the same department ( and even same office ) and go back after some years to the same department and same office. So, they are subject to all pulls and pressures. Their investigation is not unbiased. Huge bias enters into their methods of selection of cases for investigation, methods of investigation and in recommending punishments. The Punishments are not at all uniform for the same type of offences.

There is a huge need to standardize punishments for same offence – to reduce bias.

Hence, the personnel for the departmental Anti-corruption / vigilance wings must be selected by Lok Pal on inter-departmental basis – and not on intra-departmental basis - and they must function under Lok Pal only. 

They will have full authority to investigate every case of complaint and recommend punishments for corruption. They will report details to Lok Pal monthly. Lok Pal will have full authority to re-investigate any serious case, if it wants to. Non-corruption cases can be handled by the departments themselves.

The same thing holds good for Lok Ayukth at state level.

ACCOUNTABILITY OF LOK PAL / LOK AYUKTH

In this case – I am not in agreement with both drafts.

Jan Lok Pal Bill wants Lok Pal’s accountability to Public. Accountability to 120 crores of public, in any form, is meaningless and ineffective.

Government Draft wants accountability to Government – on which Lok Pal exercises its Jurisdiction for its corruption – and hence, this too is meaningless and ineffective.

SOLUTION : Both Lok Pal and Lok Ayukth must be accountable only to the Supreme Court of India – which must have the final say / approval in their appointments as well – though committees may be formed as stated in JAN Lok Pal Bill draft.

To re-emphasize, the principle of accountability to Public  or to Government are both equally meaningless. Supreme Court is the only authority to whom these constitutional functionaries must be accountable. Supreme Court may in its wisdom, nominate  the Judicial Lok Pal to look at the Lok Pal / Lok Ayukth’s  monthly or quarterly reports and submit its report to a 3 member Bench of the Supreme court. Supreme Court may issue whatever advices it wants to – to Lok Pal and Lok Ayukth, for handling of cases.

However, Lok Pal may submit advisory reports and statistical reports to Parliament – for its views and consideration. Parliament may also send its review report to Lok Pal for   its consideration.

METHOD OF ENQUIRY & PUNISHMENTS

In this respect also , I strongly differ from Both Drafts.

I was in Government / PSUs for about 42 years – and I have seen why many people fall prey to the temptation of bribery. Most of these people are reformable. Some people are corrupt under compulsion. Corruption is usually a coterie Business. Therefore, I do not recommend a punishments like sending to jail for a term – for most cases of first offence.

Our legal systems must not always remain PUNITIVE in nature but must become REFORMATIVE in Nature.

Present Methods of enquiry have developed on the experience of several decades and are adequate. The only thing required is -  every enquiry must conclude within a maximum of 6 months. If we dump all cases before Lok Pal – each case will take decades – like in our legal system now. Justice will be delayed and denied in the process – both to the complainant and to the accused. 

Therefore, only Gr.A and B are good enough for Lok Pal – but Lok Pal can over see the Departmental vigilance wings on cases of Gr.C and D.

Is Jail sentence to be totally ruled out ? No. Let it come in, from the second offence. Not from the first offence. First offence, unless too serious need not go to courts of Law. Punishment should be imposed by Lok Pal / Lok Ayukth, through controlling departmental officers, who shall have no option in the matter.

In respect of Gr. A officers – today, the UPSC plays a large part in reducing the punishments recommended by CVC for them. This is bad. Once Lok Pal comes in – the provision for UPSC consultation and discretion must be done away with in respect of corruption cases. Or else, the whole process done by Lok Pal ends in a farce. The officer escapes with his offence, because of the tortuous process of UPSC consultation. This is so in respect of many CVC recommendations in case of UPSC recruits (Gr.A officers).

This is for Government officers – not ministers. For Ministers – Let Lok Pal decide punishment based on Gravity of offence and recommend to the courts of Law.

PROTECTION TO COMPLAINANTS & WHSITLE BLOWERS

There should be adequate protection to complainants and whistle Blowers. They should not be subjected to punishments themselves. Lok Pal must take up cases where there is prima facie some evidence or strong circumstances to believe the complaint. 

Since Corruption is widely prevalent – “boss, subordinate, their bosses and their subordinates” are all likely to be in a ring of corruption, each protecting the other. Therefore, it is not easy for a complainant to prove a particular case. The Lok Pal has to devise several methods to trap the culprits – but that can happen only in future cases – the particular case of complainant relating to past may not be possible to prove.

But, at the same time, false complainants like contractors want to trap even an honest officer in a false case. This must be kept in mind. So, if a complainant is to be punished, the intention o complainant must be ascertained very clearly. Here also – first offence must be disposed off with fine. Second offence onwards only – Jail sentence etc must come into picture – that too very rarely.

It depends on the wisdom of Lok Pal / Lok Ayukth. If he punishes complainants and whistle blowers, his sources of corruption cases will dry up – as has happened in case of the Police Departments, who harass the informers of crimes often. So nobody comes up with information now.

Also, complainants and whistle blowers are subject to harassment by the corrupt officers / Ministers. Many RTI activists were killed or harassed  in many states by contractors, Government setup and so on. Wherever needed, Lok Pal / Lok Ayuktha must in fact provide them Protection. He should have necessary powers for the same.

SOLUTION : There shall be no punishments for complainants / whistle Blowers in case, the complaints cannot be proved. But if the complaint is totally proved to be a false complaint motivated to implicate an honest officer, then, Lok pal must have powers to impose fines in case of first offence and Jail term for subsequent offences, which must not exceed 6 months in any case.

SPECIAL BENCHES IN HIGH COURTS FOR APPEALS

Special Benches are essential to fast track the cases and complete them within 6 months maximum. Otherwise, justice will be delayed by decades as in other cases at present.

BUDGET

Lok Pal will decide the Budget and it will be a charge on consolidated Fund of India. The processes will be same as on case of Supreme court and other constitutional functionaries whose expenses are a charge on consolidated fund of India. Similarly, Budgets of Lok Ayukth will be a charge on the consolidated fund of the states.

PREVENTION OF CORRUPTION ON PRO-ACTIVE BASIS

Lok Pal shall be entitled to take adequate steps or prescribe procedures to prevent Corruption on Pro-active basis. CVC has been prescribing several steps in the past also for preventing Corruption.Lok Pal shall have authority to supplement existing rules and procedure to strengthen them to prevent corruption.

RIGHT TO TAP PHONES

Both Government and Lok Pal shall have power to TAP Phones for pro-active  prevention of corruption. But, all cases of Tapping of phones shall be with adequate reasons recorded in writing and decision shall be taken at a high level.

DELEGATION OF DUTIES BY LOK PAL

Lok Pal shall have powers to delegate duties to officers working under him. Powers of Interrogation shall be delegatable only up to a certain Higher level – commensurate with the seriousness of the complaints and rank of the authority complained against.

EXTENDED JURISDICTION

Lok Pal’s jurisdiction shall extend to all PSUs, as they are already covered under CVC Act . And, CVC shall come under Lok Pal.

NGOs funded by State Governments – may come under Lok Ayukth of the state in which they are situated.

NGOs funded by central Government may come directly under Lok Pal.

IN SUMMARY

The Lok Pal / Lok Ayukth must have adequate Powers to investigate and launch prosecution and recommend punishments as aforesaid. Government shall have no functional control on Lok Pal. The principle of Judicial Independence shall apply equally to Lok Pal/ Lok Ayukth. They shall be bound to complete each case within 6 months in over 95% of the cases. Other complicated cases may extend by another 6 months.

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