C'da, Our Bihu weekend went off well.
>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. I don't think there is a magic wand that will be a cure all But the first thing, of course, is to define the ambit - in this case the Constitution. Unless, people are willing to work within well-defined boundaries, nothing really will get done. As far as reforms are concerned, it has to start at the top, and flow down. It all looks hopeless, but there are enough Indians who can make changes that will stick. If India is not able or unwilling to do this, it faces a sure and definite downhill path. As far as Assam is concerned, it can reform along with the rest of the states. But it can also have it's own reforms. >But for MANY, independence is not a trophy but a tool--to reform Assam governance Why would you think Assam is any different or has an edge over other states when it comes to combating corruption or roll out reforms as an independent state? No one is stopping Assam in her efforts to reform. Even within a corrupt Indian system, individual states can & do outshine others. Why can't Assam be one of those states? The state has the full authority & control in implementing and enacting state laws without the Center's blessing. The reason probably is there is no will to do so. After being wracked for the past 30 years with violent insurgency outfits running lose, the people, it seems are willing to take anything that is not insurgency & the state's politicians & babus are fully aware of this and take full advantage of this. But I am hopeful. It looks like the state's insurgency is on the wane, and slowly, but surely, people are trying to hold politicians to their election promises. People like Akhil Gogoi and Azare are galvanizing people into demanding accountability. --Ram On Mon, Apr 18, 2011 at 10:49 AM, Chan Mahanta <[email protected]> wrote: > 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 > _______________________________________________ assam mailing list [email protected] http://assamnet.org/mailman/listinfo/assam_assamnet.org
