Jan LokPal Bill – Guest post by Sh Ashok Chowgule & Time for Introspection
Dear All: It is my pleasure to publish this guest post by Sh Ashok Chowgule re. some aspects of the Jan LokPal Bill. This post was prompted by – and is in response to – a recent article in The Hindu, titled, Jan Lokpal bill: addressing concerns by Sh Prashant Bhushan. Shri Chowgule has raised some valid points re. specific clauses of the Bill which I believe are worthy of further discussion and debate. Pl read on..
*** Jan LokPal Bill: Guest Post by Sh Ashok Chowgule ***
At two separate places, Shanti Bhushan says: “The Prime Minister, the Home Minister and the Leader of the 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 having weak and pliable persons to man the institution that is expected to supervise the CBI.
and “We have seen how the “democratically elected” Prime Minister, Home Minister and leaders of the opposition have normally selected weak and pliable CVCs.”
In the first quote, the remark “hopes to become Prime Minister one day” is quite uncalled for. In the second quote, the implication is that ALL the CVCs have been weak and pliable. In both the quotes the blame for the Thomas fiasco is also apportioned on the present Leader of the Opposition. Seems that Shantiji is not aware that the Leader of the Opposition had dissented, and her dissent is on record.
Re: “Under the garb of liberalisation and privatisation, India has adopted policies by which natural resources and public assets (mineral resources, oil and gas, land, spectrum, and so on) have been allowed to be privatised without transparency or a process of public auctioning“,  was the previous process transparent?
Re: “Apart from creating huge incentives for corruption, such policies have resulted in the involuntary displacement of lakhs of the poorest people, leaving them on the brink of starvation and forcing many of them to join the Maoists”, where does Shantiji get the data that lakhs of the poorest people have been involuntarily displaced? In fact most cases of involuntary displacement happened in the period up till 1980. The first real scientific rehabilitation project was with the Narmada dam project.
Since then, the model has been followed, which has allowed the displaced to improve their life styles. At the same time, today there are cases when large projects have been stopped by the promoters due to opposition. An opposition that was sometimes instigated by agencies whose agenda is suspect*.
Re: “It is proposed that if the Lokpal finds that a contract is being given for corrupt considerations, it can stop the contract. It cannot otherwise interfere with government decisions or policy”, this one is precious. Given the way many so-called NGOs are operating today, the charge of corrupt considerations WILL be levied on nearly all contracts. We have seen it happen, for example in case of the privatization of BALCO. The Supreme Court set aside the charge, but those who made the frivolous charge are still today at their dirty tricks.
Re: “Exemptions from disclosure provided in the Right to Information Act could be included”, clearly Shantiji thinks the people of this country are idiots. Who is to decide on the exemptions?
Re: “Lastly, the members of the Lokpal could be removed for misconduct, by a five-member bench of the Supreme Court”, when the appointment of the Lokpal is determined by a group where senior members of the judiciary are present, will not the removal reflect poorly on these members? If so, will the five members act impartially?
Re: “Though the Lokpal will only reorganise and supervise the grievance redress machinery (rather than dealing with each grievance itself), this is an issue that will be discussed openly by the committee”, what exactly is meant by reorganize and supervise? Then where is the power of the Lokpal?
Re: “Unless we tackle and change the policies that create enormous incentives for corruption and monster corporations that become too powerful for any institution to control, the fight will be incomplete“, and exactly who will undertake this exercise? Secondly, if this is done, is there a need for Lok pal?
On a related note, please also have a look at the following articles: Ceaser’s wife must be above suspicion, Thanks Anna for exposing nation’s vulnerability and Justice Sawant’s remarks on Anna Hazare
*** Time for Some Introspection ***
Like many of you, I too have been reading and thinking a lot about this issue (“corruption”) for the last few days. I am going to “go quiet” on this for the next few weeks to allow myself time for some serious introspection. I want to dwell on the movement against corruption, the means that were adopted, the personalities, the mobilisation and of course the outcome..and I want to think specifically about some of these points:
- Was a great opportunity to push through some real, tangible reform lost?
- Was this the best means to mobilise public opinion against corruption?
- Could the movement have taken a different turn? Is a fast-unto-death better than a sustained campaign (e.g. the one by Baba Ramdev)?
- Are we – the educated, upwardly-mobile, “middle-class” – over-reacting to this issue? Can this matter really become a turning point in any election at any level?
- Was the mobilisation narrow and mainly urban-based or was it widespread? What role did the broadcast media play in this?
- Will the movement end up with someone actually going behind bars? and I don’t mean the small fry – but the “big fish”?
Comments and thoughts, welcome as always.
Related Posts: Worrying about Anna..and some counter-intuitive stuff… and this category of posts: Corruption in India
Recommended: Jan Lok Pal – Caveat Emptor and Lokpal – report-generator or jail-sender
* In the context of development and displacement, please read: Of Kondhs, Aluminium and Vedantapur
Food for thought: Anna Hazare, suspects cannot be trusted by S Gurumurthy. Do read.
Firstly let me start by saying i support the creation of Lokpal institution.
Secondly, let me also make a point that i dont beleive that corruption can’t be rooted out just by the bill or the lokpal institution alone. this is because corruption is more deep rooted in our society and requires a more bottom up approach of chaging the mindset of younger generation.
Thirdly the lokpal institution, in my view should not be above the legislature and as a constitutionist, i guess it is a dangerous thing to happen. Why create a monster who has a lot of powers without much of a responsibility. If all they require is to bring the PM, President under the ambit of the Lokpal bill, they can build in checks and balances using the legislature. For examaple a suggestion can be if the Lokpal has sufficient evidence against the PM then Lokpal needs to take the President of india permission and the Speaker’s permission for prosecution. Like this the checks and easily be built.
A further suggestion is Lokpal instution can model itself on the lines of Election comission of India.
Dear Shantanu,
The doubt raised by many as to whether the Lok Pal bill will eliminate corruption is a very moot point. It has always been surprising for me that most of us in the blog have been trying to pin responsibility on everybody elase rather than on himself.
I am trying to locate the concept of corruption while on this thought process. Let us look at corruption at the lowest levels; The mostly talked about Police corruption. Are they corrupt or do we mke them corrupt.
How many of us stop at a redlight after 11.00PM in the night? How many of us stop at a redlight when we look around and apprently there is no policeman around.
How many of us do not cut a NO ENTRY when we see there is no policeman around?
How many of us are willing to employ a driver for a late night junket so that we do not indulge in Drunken driving?
How many of us are willing to take test drive to get our licence?
These are a few questions of a very minor in nature if we answer sincerely will look at how corruption cannot be removed by a bill!
Regards,
vck
It is of little consequence that Sh. Ashok Chowgule thinks that that Shanti Bhushan and Prashant Bhushan are one and the same person which is not true.
Mr. Chowgule is only giving a commentary on Prashant Bhushan’s article in the Hindu, I doubt that he has actually read the draft bill.
In the Jan Lokpal bill the Lokpal is mooted as an investigating and prosecuting agency much like the Economic Wing of CBI but with independence from the Home Ministry. It is also meant to take over the role of the CVC but will have actual powers to initiate and undertake investigation and prosecution of the corrupt rather than just be a reccomending authority which CVC is currently. The Lokpal will also oversee and administer the Vigilance Process in the government departments which is a function currently under the ambit of these departments themselves with consequent conflict of interest. If a citizen does not get anywhere with his problem at the level of a department and it’s grievance redressal mechanism, he or she will have the option to invoke the Vigilance Officer, who in the new pradigm proposed by JLB, will be a Lokpal agent and not a member of the erring department as at present.
Lokpal, under JLB proposals, will be policing and prosecuting, not deciding on guilt or innocence, which will still be for the courts. It will have the power to stop ongoing corruption, seize and freeze the loot as Enforcement Directorate and CBI can do at present, but all it’s actions can be reviewed by the courts. It will also have the power to provide immediate relief to the complainant who may be getting the run around from the guily department.
I believe that JLB proposals make a lot of sense and will certainly empower people further to fight corruption and harrasment, much like the RTI law has done before.
Serious commentators should at least read the draft before making judgments. Meaningful argument can only be about specific proposals and not about the record, tactics or imagined motives of the personalities involved.
N.P. Singh
The point is Lokpal Bill (at least the activist’s draft) was an effort to pull a fast one on us. What followed is a dirty war. What Bhushans thought they could pull off with support from lefty ideologues now lies exposed.
Oh, I am not surprised that Gandhi pujaris love it, such totalitarian policy under the garb of democracy has long been the guiding principles of Gandhi-das politics.
@N P Singh (#4),
Please cite me the different clause of proposed drafts of JanLokPal Bill that would force a corrupt Lokpal to prosecute himself. If you can not do that please cite the clause that would help any other authority to over ride a corrupt Lokpal and punish him/her. Once you can convince us on that, we can start another agitation in support.
In response to Sid (#6).
Section 7 deals with removal of a member or chairperson of the Lok Pal for corruption or misconduct which will be effected through the recommendation of a bench of Supreme Court to the President. Supreme Court bench will also direct registration and investigation of prima facie cases of corruption and misconduct by members of the Lokpal.
Section 26 deals with the procedure for handling and disposal of complaints against the staff and officers of the Lok Pal.
Lok Pal is deemed to be an investigating and prosecuting agency in the Jan Lokpal Bill and not a decider of guilt or innocence in cases of corruption which will be decided by special courts in a time bound manner.
Your serious query does raise valid points especially re. section 27 (2) which prohibits judicial review of Lokpal actions in “courts of ordinary civil jurisdiction” but the overall proposals in the JLB are a vast improvement on the present state of affairs where corrupt public servants are law unto themselves, secure in the knowledge that the victims of their corruption have no realistic chance of getting back at them.
I also fully understand that Lokpal Bill by itself will not banish corruption fully from the country but will be a significant advance in the right direction. On balance I am for it.
N.P. Singh
@N P Singh
Let us see. A previous section already suggested that a Lokpal can over-ride supreme court. What happens if a corrupt Lokpal initiates a conviction of an honest officer (admittedly a rare breed) investigating the Lokpal’s own corruption under the SC? Lokpal can suspend the officer even before he completes the investigation and SC can not do a thing because unless SC sees proof against Lokpal it can not even think of over-riding the Lokpal.
I agree that it is indeed time for introspection.. also need introspection in the ‘means’ used.. read this to understand better
http://www.wahsarkar.com/?p=224
I understand from the comments that there are two things –
1. We assume that corruption is indestructible. We are talking about a Lokpal turning corrupt. With such pessimism will we make at positive headway?
2. All this churning is important because only then we can look forward to a sustainable change. For any change to happen, there will be resistance. In the case of Anna Hazare’s initiative, we saw a public upsurge, whether urban or rural, it the strength of intent that is encouraging.
There is an article on Mint titled “Our gold plated culture of corruption ” http://www.livemint.com/2011/04/28200650/Our-goldplated-culture-of-cor.html
The author essentially blames it on our culture, and our religious culture as the root of the pervasiveness of corruption.
Would be interested to hear what others think of this.
Thanks for the link Vidhya…
Poorly argued article and very superficial.
Some quick responses…Anyone who thinks Europe/US is a paragon of virtue or corruption-free needs to look a bit into the past..I am reminded of the series on JFK aired on History Channel recently and the movie Gangs of New York – both show how pervasive corruption was in UK/US.
More recently the expenses scandal in UK has shown that all leaders (and politicians) are mortal and prone to same mistakes – What keeps people straight is the fear of consequences – not any moral cultural fibre.
Secondly re. no schools in Gujarat, Aakar does not mention (or pretends to not know) about Gurukuls…Pl have a look at Dharampal’s research on education in India pre-British..
More later – in a moment of calm. Thanks
After having read this article linking donating to temples and corruption, here are a few thoughts, very specifically to the act of giving in our culture.
In our culture, sharing and giving is an integral part of the life of every Indian. But this giving comes out of a higher understanding that nothing belongs to me, and everything comes from the same supreme, and hence ‘I’ am not the owner. Seeing God in everyone and everything is the basic principle for giving. Now how does this relate to donating money or gold to temples. There are two aspects:
1. The original purpose of temples was both spiritual and social. So any donation made to the temple went for social activities like education, vedic learning, annadanams, helping poor etc. The kings set up large temples and gave large amount of wealth to the temples for this purpose. To a large period this was also done by the temples. However now since the temples are taken over by the government, none of the money goes to good use. I wonder who to blame the person giving, or the government who takes temple money using it for everything else other than welfare of poor hindus.
2. Tyaga or sacrifice is a major aspect of hindu culture. Without sacrificing something small one cannot aim for bigger goals. Initially many of the goals are selfish, and human nature is such. However when humans can give up something they think precious and important to them, slowly the selfishness erodes.
When one prays to God for say curing of some disease and donates gold to some temple, it is guided by faith. When he donates to a temple, his faith promises a reward, but there are no guarantees. God has different ideas based on the intentions of the seeker. There are innumerable stories showing this. A classic example is the story of Vikramaditya: http://moralstories.wordpress.com/2006/10/04/audaaryam/
It is also said if someone is a millionaire and give a few hundred rupees, thats not giving or a sacrifice, though it may be just a small step.
Many of the people who donate aren’t the rich ones waiting to bribe god, but poor people who sacrifice very little of what they have, driven by faith. However the author casts everyone as wanting to bribe god for some small pleasures.
When one is bribing as it happens today, it is not an act of sacrifice of something precious. It is just a short cut for hard work, short cut to taking the Dharmic route. Lack of adherence to Dharma is cause for the state we are in today, and not as the author paints in the article. If the true culture had been taught to people, we would have rulers like the Chozhas who both contributed a lot to the temples, but were also ready to die for Dharma like Manuneedhi Chozhan.
Putting this here for the record:
Civil society members of the Lokpal Bill drafting committee on Sunday came face to face with eminent persons who criticised “over loading” the body with too many powers and suggested that it should be constituted with a focus to catch the “big fish”.
..
Mishra, Dey, Ramanathan and RTI activist Shekhar Singh said there was no second opinion that corruption should be eradicated, but did not agree entirely with the current form of Lokpal Bill, which the civil society members want to cover from a “peon to the Prime Minister”.
..Mishra wanted to know from where the Lokpal would recruit 15,000 people “with impeccable integrity” for its functioning and suggested that this was inviable. His suggestion was that existing institutions can be strengthened.
…Justice Shah said the Prime Minister’s office should be brought under the purview of the Lokpal with a “few safeguards as he is the face of the country”, but warned against including higher judiciary.
There was near unanimity among the panel members on the two issues. Bringing judiciary is not the “right approach” and if Lokpal can supercede the Supreme Court then the “last credible institution in the country will be destroyed”, he said.