Hold PM responsible only for direct involvement: Aruna Roy

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Aruna Roy, member of the National Advisory Council and member of the
National Campaign for People's Right to Information, speaks to ET on the
current debate over Lokpal and the need for pre-legislative process.


On the inclusion of the Prime Minister

We are saying that the corruption cases should be looked into against the PM
as well but with certain safeguards as we do feel the office of the PM needs
to be protected. So we are saying that a reference is made to the Chief
Justice of India, who can get the full bench of Supreme Court to deliberate.
If there is prima facie ground for investigation then the lokpal can go into
it. Anyone can move the petition against the PM to the Lokpal. But we
believe that the PM cannot be held responsible for things he is not directly
responsible. No vicarious responsibility. Only if there is a direct case of
direct involvement can there be a case.

On the PM's role in the 2G scam

The supreme court will have to decide whether it was vicarious. If the PM
has called for a file and has signed it, it is clear that there is direct
knowledge. If there is a noting then the court will ascertain if the PM was
involved.

On fixing public grievances

We have suggested a separate law and body to deal with it. The people who
are investigating high-value scams, where there is no direct evidence of
money transfer or favours being done, need a special skill set. They would
be different from the people who would take up an issue like how corruption
takes place in filling potholes or fixing a road. We are suggesting a very
decentralized, close-to-people mechanism of redressing grievances. So it
would be there at every ward. If it is not addressed it can be taken up at
the district, and then at the state level. They will have the powers to
penalise and prosecute. The structure will be similar to RTI-state
information commissions and the central commission.

Civil society as part of the legislative process

There is a pre-legislative process where the civil society or other
stakeholders should play a very important role. We have been working on this
since last year. We have been struggling to establish with the government
that the pre-legislative process should be broad-based with transparency and
accountability. This should be established as a process. Before the
government actually starts making the law it must put it all out in the
public domain where people's views can be sought. Once the comments come in,
the government has the liberty and responsibility and the right to then
formulate a law. Then it goes out of the public domain to the cabinet and
then into Parliament. So public inputs are taken before the process of law
making begins. Once it is introduced in Parliament you have the standing
committee where you can depose with your suggestions.

NCPRI vs Team Anna

We had a problem that instead of demanding a discussion with whole of India
(In NAC we have been fighting for people's participation in the process),
here the struggle was to get five cabinet ministers into the process so that
the cabinet could be by-passed. We did not want that to happen as we believe
that the cabinet has been entrusted with a job to frame people-friendly
laws. We cannot take away the framework of the constitution. Any one
dominant group, whether it is us or IAC, cannot decide the future of the
country. For that we need a more broad-based set of consultations which can
be done through the standing committee. We have seen huge changes in both
the RTI Act and NREGA. We have now applied and we want to depose. The joint
committee did not call us though we wrote to them and were assured by both
Shanti Bhushan and Pranab Mukherjee. There is a need for a pre-legislative
and a legislative process.

-- 
Adv Kamayani Bali Mahabal
+919820749204
skype-lawyercumactivist
*
*
*The UID project i**s going to do almost exactly the same thing which the
predecessors of Hitler did, else how is it that Germany always had the lists

of Jewish names even prior to the arrival of the Nazis? The Nazis got these
lists with the help of IBM which was in the 'census' business that included
racial census that entailed not only count the Jews but also identifying
them. At the United States Holocaust Museum in Washington, DC, there is an
exhibit of an IBM Hollerith D-11 card sorting machine that was responsible
for organising the census of 1933 that first identified the Jews.*
*
*
*http://saynotoaadhaar.blogspot.com/*
*http://aadhararticles.blogspot.com/*
*http://www.facebook.com/home.php?sk=group_162987527061902&ap=1*<
http://www.facebook.com/home.php?sk=group_162987527061902&ap=1>

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