Ram: Hope you all had a good Bihu weekend. We will have our nominal Bihu two weeks from now :-). All our young kharkhowa friends have moved out of St. Louis , robbing us of our Bihu energy that produced a lot of fun last year including an authentic 'meji'.
>There would need to be reforms, > implementation and a follow through (accountability) *** I have been hearing of that demand for at least a quarter of a century. But what have you gotten so far? >The problem probably lies in your solution. > > > An independent Assam is more of an emotional issue for some, **** That may very well be. But for MANY, independence is not a trophy but a tool--to reform Assam governance. Why so you will ask: Because the operating Indian system is the obstacle for reforms. Perhaps you know of a way to effect the reforms within the sacrosanct Indian Constitution and operating within the system, like so many well-meaning folks always declare. Why not tell us how that might happen? I am NOT dedicated to independence. I would take anything that would help Assam dig out from the mire that is its governance, created and operated in the image and aegis of Dilli. What is needed , in tech talk, a CLEAN-INSTALL. The system is so terribly broken, only a complete overhaul will work. It is far too gone to be rescued by yet another scheme like "Jan Lok Pal" however well-intentioned. *** Corruption is a problem, but only ONE of a myriad of problems. And when we speak of corruption it behooves us to examine WHERE corruption gets its sustenance: Corruption is a result of laws, regulations. They are what empowers those with their fingers on power. Try eradicating the corruption empowering laws and regulations working within the Indian system . How do you propose to begin and where? c-da On Apr 18, 2011, at 9:56 AM, Ram Sarangapani wrote: > C'da, > > Happy Rongali Bihu. > >> 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 > > Reading thru the posts, first, I think you make some excellent points > regarding the system itself - ie. how BA - fail ministers are in charge of > departments and are ill managed. And that there very poor choices in the > hands of the electorate. > > In many ways, the system, you so often rightly complain, is at fault, and > many will totally agree with you on that. There would need to be reforms, > implementation and a follow through (accountability) > > The problem probably lies in your solution. > > An independent Assam is more of an emotional issue for some, but definitely > impractical. No one in the last 30 years has been able to prove or convince > that an independent Assam will somehow be better than what we have now.. > Its the proverbial 'out of the frying pan, into the fire'. > > Why would a sane population in Assam agree to let their fate be decided by > some corrupt, violent, gun-totting, insurgents. > > The people may not like the present setup, but at least they have a chance > to turn things around with Hazare's or other similar movements. > > The two articles you forwarded, have plenty of problems, have to write again > on that. But thanks for forwarding - gives one an idea what some people can > come up to label as 'corruption' (from the article). > > --Ram > > > > > On Sun, Apr 17, 2011 at 8:49 AM, Chan Mahanta <[email protected]> wrote: > >> >> 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 >> [email protected] >> http://assamnet.org/mailman/listinfo/assam_assamnet.org >> > _______________________________________________ > assam mailing list > [email protected] > http://assamnet.org/mailman/listinfo/assam_assamnet.org _______________________________________________ assam mailing list [email protected] http://assamnet.org/mailman/listinfo/assam_assamnet.org
