A government is only as good as the people who make it up >> we are getting a govt just like us. A govt is always elected by us, to rule us in a manner we can bribe them when needed.
Altaf On 18 April 2011 10:37, Dilip Deka <dilipd...@yahoo.com> wrote: > This time you are very correct - cent per cent as my high school math teacher > used to say. > But how do you get the people of integrity to rub shoulders with those that > have no integrity? Draft them? Slowly tempt them in? > Educate them at a young age to join public service and maintain integrity? > > From: Chan Mahanta <cmaha...@gmail.com> > To: Ganesh Bora <ganeshb...@yahoo.com> > Cc: A Mailing list for people interested in Assam from around the world > <assam@assamnet.org> > Sent: Sunday, April 17, 2011 6:07 PM > Subject: Re: [Assam] Will the Jan Lokpal Bill Work? > > Good to hear from you Ganesh. But I don't share your optimism, because > without functioning institutions in place, a watchdog > or watchdogs will eventually become lapdogs. Just look at CBI. > > A government is only as good as the people who make it up. Until such time as > able and people with integrity could not > become a significant part of governance, it is doomed to be what Indian > governance is. > > c-da > > > > > > > On Apr 17, 2011, at 5:55 PM, Ganesh Bora wrote: > >> C' da, >> >> The Jan Lokpal may or may not work! But it scared the corrupt MMS >> government. If Jan Lokpal does not work, some other Watch dog will be born! >> But atleast for some time, government will think (or feel) that some one is >> watching them! This is the beginning of the end of "Governing without >> Accountability"! >> >> Ganesh Bora >> Fargo, ND >> >> >> >> From: Chan Mahanta <cmaha...@gmail.com> >> To: A Mailing list for people interested in Assam from around the world >> <assam@assamnet.org> >> Sent: Sun, April 17, 2011 8:49:34 AM >> Subject: [Assam] Will the Jan Lokpal Bill Work? >> >> >> Prashant Bhushan is a credible person on these issues. But will the 'Jan >> Lokpal ' thing work? What do you think? >> >> I don't think it will. It may have some value temporarily. Something a newly >> independent state may employ to get >> its bearing, like I proposed for an independent Assam. But until such time >> India reforms and fixes its broken, >> dysfunctional system, it will be about as effective as all the other, much >> hyped schemes, programs, laws >> acronyms and whatchmacallits -- like for example Panchayats, Fast Track >> Courts, RTI, CVC and many others. >> >> Why ? >> >> For the simple reason that the dysfunctional system will continue to keep >> producing the corrupt and the inept. >> How will the JL, which is designed only to look after the CENTER - won't >> have anything to do with the states, >> keep the floodgates closed and for how long? That raises another assamnet >> specific question to this 'odhom': >> I was under the impression that it is Assam, and a few other states are the >> truly corrupt entities, not the Center, >> not the 'prospering' states and so forth. Where is the disconnect? >> >> The notion is akin to treating Typhoid with fever control medication. >> >> What is amazing is that no one NO ONE, is talking about fixing the broken >> system. Why? Any thoughts? >> >> Also look up http://www.outlookindia.com/article.aspx?271406. Some very >> fgood points raised in this. >> >> cm >> >> >> http://www.outlookindia.com/article.aspx?271389 >> >> OPINION >> Removing Misconceptions >> Addressing some of the issues and concerns raised by a number of >> commentators on the provisions in the draft of Jan Lokpal Bill >> PRASHANT BHUSHAN >> A number of commentators have raised issues about the provisions in the >> draft of Jan Lokpal Bill, whether it will be effective instrument for >> checking corruption and about the manner in which pressure was brought to >> bear on the government through Shri Anna Hazare’s fast. It is therefore, >> important to understand the provisions of the bill and how it seeks to set >> up an effective institution to deal with corruption. >> >> Corruption in India has grown to alarming proportions; because of policies >> which have created enormous incentives for its proliferation, coupled with >> the lack of an effective institution which can investigate and prosecute the >> corrupt. Under the garb of liberalization and privatisation, we have adopted >> policies by which natural resources and public assets (such as mineral >> resources, oil & gas, land, spectrum, etc) have been allowed to be >> privatised without any transparency or public auction. Hundreds of MoUs have >> been signed overnight, by governments with private corporations, leasing out >> large tracts of land rich in mineral resources, forests and water, which >> allow those corporations to take away and sell these resources by paying the >> government a royalty which is usually less than 1% of the value of >> resources. The Karnataka Lokayukta Justice Santosh Hegde, has pointed out in >> a report on mining in Karnataka, that the profit margins in such ventures, > is often more than 90%; thus leaving a huge scope for bribe giving and > creating huge incentives for corruption. The same thing happened when Mr A. > Raja gave away spectrum without a public auction to companies at less than > 10% of its market price. Private monopolies in water/electricity > distribution, airports, etc; have been allowed to be created where huge and > unconscionable profits can be made by corrupting the regulator and allowing > the private monopoly to charge predatory prices. Tens of thousands of > hectares of land have been given away to corporations for commercialisation > in the guise of airport development, construction of highways, SEZs etc. at > prices which are less than 10% of the value of the those tracts of land. >> >> Apart from creating huge incentives for corruption, such policies have >> resulted in involuntary displacement of lakhs of the poorest people, >> rendering them on brink of starvation and forcing many of them to join the >> Maoists. They have also stripped the country of its natural resources (a >> good deal of which are exported), destroyed the environment and most >> ominously, resulted in creating monster corporations, who are so powerful >> and influential that they have come to influence and virtually control all >> institutions of power as we see from the Radia tapes. In fact it is the >> corporations which have become the fountainhead of corruption, with >> ministers and public servants having become their agents. >> >> While adopting policies which create huge incentives for corruption, we have >> not set up an effective institution to check corruption, investigate and >> prosecute the corrupt and bring them to justice. The CBI continues to be >> under the administrative control of the government, which is seen as >> fountainhead of corruption. Thus no action is usually taken by the CBI to >> effectively investigate high level corruption unless once in a while, the >> court forces its hand. Often, we see the CBI behave in a corrupt manner with >> no other institution, to investigate its own corruption. The Central >> Vigilance Commission (CVC) which is supposed to supervise the CBI has failed >> to act, since its own appointment process is riddled with conflict of >> interest. The Prime Minister, Home Minister and Leader of Opposition (who >> has been a minister and hopes to become Prime Minister one day) want to >> avoid their own accountability and are thus interested in weak and pliable >> persons to > man an institution which is expected to supervise the CBI. Moreover the CVC > and CBI have to seek government sanctions for investigation and prosecutions, > which is usually not given in high level corruption. The CVC depends on > vigilance officers in various government departments who are often middle > level officers from same department and cannot be expected to exercise > vigilance over their bosses who write their confidential reports. The > judiciary, which must try and convict the offenders, has also become > dysfunctional and also corrupt due to lack of accountability of the higher > judiciary. >> >> The draft Jan Lokpal bill seeks to create an institution which will be >> largely independent of those that it seeks to police, and which will have >> effective powers of investigation and prosecuting all public servants >> (including ministers, MPs, the bureaucracy, judges etc.) and those others >> found guilty of corrupting them. Since corruption also involves misconduct >> and gives rise to grievances, the draft bill also proposes that the Lokpal >> will supervise the machinery for disciplinary proceedings against government >> servants (the Vigilance Department) as well as the machinery for redressal >> of grievances. Thus misconduct by government servants and grievances would >> also come under an independent authority rather than under the government >> where it has become ineffective due to conflicts of interest. In addition it >> has also been proposed that if the Lokpal finds that a contract is being >> given for corrupt considerations, it can order the stoppage of the contract. > It cannot otherwise interfere with government decisions or policy. >> >> It has been said that this will create a supercop with enormous powers and >> no accountability. There is a misconception that the Lokpal would have >> judicial powers as well. There is no such thing in the bill. The need of the >> hour is to have an effective policing body which can investigate and >> prosecute the high and mighty without interdiction from the very people who >> need to be prosecuted. Moreover, the bill seeks to make the Lokpal >> accountable in many ways. Firstly, it is mandated to function transparently >> so that everything related to its functioning is known to the people >> (without compromising the investigation itself). Other exemptions from >> disclosure provided in the RTI Act could also be included. Secondly, the >> orders of the Lokpal would be subject to Judicial review in the High Courts >> and the Supreme Court. Lastly, the members of the Lokpal would be removable >> for misconduct by a 5 member bench of the Supreme Court. >> >> There has also been criticism of the Selection Committee and selection >> process of the Lokpal. Given the erosion in the integrity of most of our >> state institutions, it was thought that the best bet was to have a >> broad-based selection committee and build in transparency and some public >> participation in the selection process, while trying to keep out those >> persons who are most likely to be within the ambit of the investigations of >> the Lokpal. That is why ministers were kept out in the draft bill, though >> one criticism has been that this shows a contempt for democracy. We have >> seen how the “democratically elected” PM, HM and leaders of opposition have >> normally selected weak and pliable CVCs. So the draft bill proposes a >> selection committee of Lok Sabha Speaker, Chairman of the Rajya Sabha, CAG, >> CEC, the two senior most judges of the Supreme Court, two senior most Chief >> Justices of the High Court, the Chairman of the NHRC and the outgoing >> members of the > Lokpal. However, this selection committee would certainly be discussed and > perhaps improved during further public consultations and discussions within > the drafting committee, which will now take place. >> >> It has also been said that putting grievance redressal on the plate of the >> Lokpal would make its work unmanageable. Though the Lokpal would only >> reorganize and supervise the grievance redressal machinery (rather than >> dealing with each grievance itself), this is also an issue, which would be >> discussed openly by the Committee. By the next week a website for formally >> taking in all the opinions and suggestions on the Jan Lokpal bill will be >> set up and announced. We would welcome people to read, understand and send >> their comments on it, which will be taken due note of. >> >> One must not however be under any illusion that the Lokpal law itself would >> solve the problem of corruption. Unless we also tackle and change the >> policies which are creating enormous incentives for corruption and creating >> monster corporations, which become too powerful for any institution to >> control, our fight against corruption will be incomplete. The judiciary too >> is in need of comprehensive reforms. But, an independent, credible and >> empowered Lokpal is certainly a necessary, though not a sufficient, >> condition for effectively controlling corruption. Let us work to at least >> put that in place. >> >> One of the original drafters of the Jan Lokpal Bill, Supreme Court lawyer >> Prashant Bhushan is also one of the five nominees of Shri Anna Hazare on the >> government notified Joint Drafting Committee to prepare a draft of the Lok >> Pal Bill. >> >> >> _______________________________________________ >> assam mailing list >> assam@assamnet.org >> http://assamnet.org/mailman/listinfo/assam_assamnet.org > > _______________________________________________ > assam mailing list > assam@assamnet.org > http://assamnet.org/mailman/listinfo/assam_assamnet.org > _______________________________________________ > assam mailing list > assam@assamnet.org > http://assamnet.org/mailman/listinfo/assam_assamnet.org > -- 2 Udayachal Path Christian Basti Guwahati 781 005 India Tel +913612342236 Cell +919435193663 www.sauravkumarchaliha.org _______________________________________________ assam mailing list assam@assamnet.org http://assamnet.org/mailman/listinfo/assam_assamnet.org
