Wednesday, June 15, 2011
LOK PAL BILL = CORRUPTION IN INDIA = MAKE LOK PAL EFFECTIVE = CVC, CBI, CAG ALSO MUST BE MORE EFFECTIVE
LOK PAL BILL
CORRUPTION IN INDIA
There can only be 2 classes of people who CAN indulge in Corruption. One, Public representatives in Power and two, Government servants.
Can there be any one else at all who can indulge in corruption? No.
If a Rowdy does it – it is called extortion – and not Corruption. But, if the public rep and Government servant who should check the Rowdy – do not check him – it implies Corruption on their part.
If a Business man does it – he becomes a corrupting influence. This is true. But, if the Public rep and Government servant are honest – there is still no scope at all for corruption. So, which side of corruption can be controlled easily?
The side which receives. Obviously.
There is no doubt that the giver also needs to be discouraged in all possible ways. But, he is less visible for control. Moreover –only those who want out-of-turn favours want to corrupt the public rep and the Government servant. Others, who want their normal, routine requirements do not want to corrupt the system. But, if the system is corrupt – they have no other way than to pay for corruption and get even the normal, routine things done through corruption.
So, it is the system of Governance that needs total focus.
Corruption arises where Power exists. Nowhere else.
So – any Public representative in Power and any Government servant in power – cannot justifiably claim total immunity from being complained against – for his corrupt practices.
And, there should be some one stronger than them and more independent than them – to whom a complaint can be lodged against them.
This is the rationale for a strong Lok Pal Institution.
CVC and CBI must be placed under the Lok Pal – else, it will be totally ineffective. Lok Pal needs a strong Investigating body like CBI and an efficient scrutinizing and processing body like CVC, under its own control.
An independent Supreme Court, and an Independent Chief Election Commissioner with adequate powers are able to ensure some semblance of sanity in this country.
We need similar strong, regulatory authorities to check corruption. World over – wherever, strong regulatory authorities exist, the countries are corruption-free and progressing well. Other countries are corruption-ridden.
Our country has a very high reputation for being a corrupt country. This is mainly because - there are no strong regulatory authorities who can effectively check the corruption.
Now, a name-sake Lok Pal, is obviously of no use. He is not an executive or judiciary – but he must be a strong, independent, quasi-judicial regulatory authority, with sufficient investigative power.
CVC and CBI must therefore come under him. Otherwise, he will have totally toothless and not an independent investigative authority at all.
Whether the Prime Minister and the Judges of Supreme court must also come under him – is of course a sensitive question.
But, all others must come under him – in that there should be no dilemma in any one’s mind. Ministers are being exposed for serious corruption Charges now. Therefore – all ministers and others must come under Lok Pal.
About Prime Minister and Judges of Supreme Court – more sensitivity is definitely required. There should be ways – to check any corruption at their level too. But, their August offices and their dignity must not also be compromised.
One suggestion may be that – if one third of Lok sabha members make a complaint – then, Lok Pal may set up a panel to investigate corruption against the PM also.
In respect of Judiciary, when a serious complaint arises against any member of the Supreme court – first a panel of supreme court must go into the charges seriously, with assistance from Lok Pal, and, if it is satisfied that a prima facie case exists, then it may require the Lok Pal to take over further investigations.
In any case, these recommendations of Lok Pal will again go to Parliament only, or, to respective Ministries only, for implementation.
There again – some sort of mandatory action ,and transparency is required.
There is also one more organization in all this that can be much more useful than at present in checking corruption.
That is the CAG. The CAG organization must be like the CEC – much more vigilant and much more pro-active - and Government must act more seriously on its recommendations. If it does – a lot of corruption can be reduced ab initio.
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