Jan Lokpal - is the current draft really foolproof?
This blog is in no way criticizing the Jan Lokpal draft or any persons connected to Jan Lokpal. I salute Anna Hazare for his spirit. At the same time I accept India needs tough laws to curb corruption. I am not trying to take sides here.
Going over the Jan Lokpal bill, I can't help but speculate will this bill be enough to eradicate corruption?
For starters, I could not find any references to the state government employees. This bill talks mainly about the central government. State government is not way behind in terms of scams, only the scale may be smaller.
I think the central committee of Lokpal should have powerful branches in each state. These branches should report to the central commission. The central committee should be responsible for selecting the state heads. Probably some of the rules of which apply for the selection of Central committee can apply here. Let's face it selection of members is one of the most important things in this setup. One or two wrong persons get into the committee and hell can break loose.
Also one more concern I have is, with Lokpal we are creating one more body parallel to the Judiciary, Legislature (Since Lokpal can form rules) and the Executive. What if Lokpal is misused in future? Corruption inside a powerful body like Lokpal can be very tricky to punish. I know Lokpal bill states how the investigation should proceed against the members of Lokpal but the procedure doesn't look very different from the current process of investigating like setting up Judicial bench etc. And proceedings against the employees of Lokpal will be handled by a separate wing internal to Lokpal. This is similar to Army conducting its own investigations. I think more elaboration is needed around this in the bill.
Coming to the selection process of Lokpal members, this is the most dicey part of the bill. For ex. if Bharat Ratna awardees are to be in the panel, it will work if process of awarding Bharat Ratna is not corrupted. This is just a example, I am sure our shrewd politicians and bureaucrats will find loopholes here. My fear is has the draft been thought over enough? The intention is to close all the loop holes and make it very difficult for the politicians manipulate the system.
I am more than sure that people behind the bill have put lot of effort in drafting it and more in enacting it. I have no valid authority to point fingers, but I just cant get these thoughts out od my mind. Once all the revolt subdues everyone needs to introspect. Just enacting the bill does not solve anything. It's ultimately 'We the people' who hold all the aces in making this bill hit the 'Royal Flush'. Our participation is essential.
Final word on our Prime Minister. I am more than sure if left alone to him he will have absolutely no problems in accepting this bill. Unfortunately he is answerable to his coalition partners and 'High Command'. In fact, if this bill is enacted then coalition parties cant hold major parties for ransom in future. Corruption charges will not come under the purview of political parties. It will be under the independent entity of Lokpal.
One more GRAND SALUTE for Anna Hazare and his team. Hoping that the country wakes up.
Going over the Jan Lokpal bill, I can't help but speculate will this bill be enough to eradicate corruption?
For starters, I could not find any references to the state government employees. This bill talks mainly about the central government. State government is not way behind in terms of scams, only the scale may be smaller.
I think the central committee of Lokpal should have powerful branches in each state. These branches should report to the central commission. The central committee should be responsible for selecting the state heads. Probably some of the rules of which apply for the selection of Central committee can apply here. Let's face it selection of members is one of the most important things in this setup. One or two wrong persons get into the committee and hell can break loose.
Also one more concern I have is, with Lokpal we are creating one more body parallel to the Judiciary, Legislature (Since Lokpal can form rules) and the Executive. What if Lokpal is misused in future? Corruption inside a powerful body like Lokpal can be very tricky to punish. I know Lokpal bill states how the investigation should proceed against the members of Lokpal but the procedure doesn't look very different from the current process of investigating like setting up Judicial bench etc. And proceedings against the employees of Lokpal will be handled by a separate wing internal to Lokpal. This is similar to Army conducting its own investigations. I think more elaboration is needed around this in the bill.
Coming to the selection process of Lokpal members, this is the most dicey part of the bill. For ex. if Bharat Ratna awardees are to be in the panel, it will work if process of awarding Bharat Ratna is not corrupted. This is just a example, I am sure our shrewd politicians and bureaucrats will find loopholes here. My fear is has the draft been thought over enough? The intention is to close all the loop holes and make it very difficult for the politicians manipulate the system.
I am more than sure that people behind the bill have put lot of effort in drafting it and more in enacting it. I have no valid authority to point fingers, but I just cant get these thoughts out od my mind. Once all the revolt subdues everyone needs to introspect. Just enacting the bill does not solve anything. It's ultimately 'We the people' who hold all the aces in making this bill hit the 'Royal Flush'. Our participation is essential.
Final word on our Prime Minister. I am more than sure if left alone to him he will have absolutely no problems in accepting this bill. Unfortunately he is answerable to his coalition partners and 'High Command'. In fact, if this bill is enacted then coalition parties cant hold major parties for ransom in future. Corruption charges will not come under the purview of political parties. It will be under the independent entity of Lokpal.
One more GRAND SALUTE for Anna Hazare and his team. Hoping that the country wakes up.