The Jan Lokpal Bill, Anna Hazare, and Baba Ramdev

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The Jan Lokpal Bill, Anna Hazare, and Baba Ramdev

Post by Pranay »

Admins: A lot of issues have been interwoven in the 2G thread. Would like to start an Issue based rather than a personality based thread on the LokPal Bill as the current torchbearer Anna Hazare and thousands of others are currently doing in India.

Admins may want to merge all Topic related discussions here or move the thread as desired.

Let's Draft a sample LokPal Bill here from all available inputs that the GOI has not been able to come up with since Independence to hold the high and mighty corrupt in India accountable. It should be such a deterrent that it should put fear in the hearts and minds of the corrupt - who have hollowed out the vitals of the country.



http://www.scribd.com/doc/21632406/Lok- ... n-Analysis

http://en.wikipedia.org/wiki/Lokpal
Lokpal Bill

The first Lokpal Bill was passed in the 4th Lok Sabha in 1969 but could not get through in Rajya Sabha, subsequently, Lokpal bills were introduced in 1971, 1977, 1985, 1989, 1996, 1998, 2001, 2005 and in 2008, yet they were never passed and its pending. [1][2]

The Lokpal Bill provides for filing complaints of corruption against the prime minister, other ministers, and MPs with the ombudsman. The Administrative Reforms Commission (ARC) while recommending the constitution of Lokpal was convinced that such an institution was justified not only for removing the sense of injustice from the minds of adversely affected citizens but also necessary to instill public confidence in the efficiency of administrative machinery. Following this, the Lokpal Bill was for the first time presented during the fourth Lok Sabha in 1968, and was passed there in 1969.

However, while it was pending in the Rajya Sabha, the Lok Sabha was dissolved, resulting the first death of the bill. The bill was revived in 1971, 1977, 1985, 1989, 1996, 1998, 2001, 2005 and most recently in 2008. Each time, after the bill was introduced to the house, it was referred to some committee for improvements - a joint committee of parliament, or a departmental standing committee of the Home Ministry - and before the government could take a final stand on the issue the house was dissolved.

Meanwhile the activists of India Against Corruption (IAC) have prepared a draft for the bill called Jan Lokpal Bill.[2]

History

The basic idea of the Lok Pal is borrowed from the office of ombudsman, which has played an effective role in checking corruption and wrong-doing in Scandinavian and other nations.In early 1960s, mounting corruption in public administration set the winds blowing in favour of an Ombudsman in India too. The Administrative Reforms Commission (ARC) set up in 1966 recommended the constitution of a two-tier machinery - of a Lokpal at the Centre, and Lokayukt(a)s in the states.
[edit]

Duties

Prime Minister or a House of Parliament — to whom a Lokpal sends its report holds that the allegations of corruption made in a complaint against the Prime Minister, or a Minister or MP (present or past) have not been proved, "notwithstanding anything contained in any other law", "no prosecution shall lie on any complaint, report, information or otherwise and no court shall take cognisance of any offence on the basis of the same or substantially the same allegations." Further it says that once a complaint is made to the Lokpal nobody can take up the same complaint or any thing close to it in any court of law through a Public Interest Litigation or otherwise. In such a case there is also a ban on referring it for inquiry under the Commissions of Inquiry Act 1952. To think of it, imagine a situation once the Bill comes into effect, when someone (could well be the accused’s `paid complainant’) approaches the Lokpal with a case, then this could bring to a halt all pending investigations against the accused, a former or present Prime Minister, minister or MP. It could well be the case that the charge of a crime might absolve the criminal of all investigations into his crimes!

The Lokpal is empowered to give directions for deferring or suspending any ongoing police investigations in matters covered by the complaints made to it.

There are many more gems of justice that deserve attention. Contradictory to the government’s claim that the Lokpal would provide the common man with exemplary powers to censure his/her elected representative, every complainant, the government’s ‘common man’, has to pay a fees and take full responsibility for leveling charges and in case the complaint is found to be baseless, to discourage the same ‘common man’, serious punitive action extending to two years in jail and Rs.50,000 in fine will be imposed on the complainant.

Charges of corruption in the Indian legal system are not necessarily covered only under the Prevention of Corruption Act, 1988 but also under many other Acts, but the Lokpal restricts its ambit to the cases under this Act.
Regarding the constitution of the Lokpal, the Chairman of the Lokpal shall be from among past or present chief justices of Supreme Court. But the other two members of the Lokpal may also be from those qualified to be judges of the Supreme Court. The loose end left here makes countless many from India’s entire judiciary eligible for the post including those who are also senior party politicians with legal background.

Another notable point is that the Lokpal has no powers to punish the ‘guilty’. After finding someone guilty Lokpal can only report its findings to the Prime Minister or a House of Parliament and Lokpal is highest institution in India to investigate corruption at higher places in Government. Creation of Lokpal institution is under process. Many previous attempt were unsuccessful due to lack of political support.

This institution will cover all government ministers, officers at centre including Prime Minister (Under Debate).
[edit]

http://en.wikipedia.org/wiki/Jan_Lokpal_Bill
The Jan Lokpal Bill (Citizen's ombudsman Bill) is a draft anti-corruption bill that would pave the way for a Jan Lokpal, an independent body like the Election Commission, which would have the power to prosecute politicians and bureaucrats without government permission.[1]

The bill has been drafted by Shanti Bhushan, former IPS Kiran Bedi, Justice N. Santosh Hegde, renowned advocate Prashant Bhushan, former chief election commissioner J. M. Lyngdoh in consultation with the leaders of the India Against Corruption movement and the civil society. The bill proposes institution of the office of Lokpal (Ombudsman) at center and Lok Ayukta at state level.

Jan Lokpal Bill is designed to create an effective anti-corruption and grievance redressal systems at centre and to assure that effective deterrent is created against corruption and to provide effective protection to whistleblowers.[2][3]

The Lokpal Bill drafted by the government is pending to be passed in the Rajya Sabha since 42 years.[4] The first Lokpal Bill was passed in the 4th Lok Sabha in 1969 but could not get through in Rajya Sabha, subsequently, Lokpal bills were introduced in 1971, 1977, 1985, 1989, 1996, 1998, 2001, 2005 and in 2008, yet they were never passed and its pending. [5]
Last edited by Pranay on 06 Apr 2011 18:16, edited 5 times in total.
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Re: The Lokpal Bill

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http://timesofindia.indiatimes.com/indi ... 883102.cms
I thank young people for their support: Hazare
NEW DELHI: Veteran social activist Anna Hazare, who is on his fast unto death for a stringent anti-corruption law, on Thursday rejected agriculture minister Sharad Pawar's offer to quit from the Group of Ministers (GoM) meant to look into the amendments required in the Lokpal Bill.

Hazare said that Sharad Pawar should quit his ministry anyway.

Pawar on Wednesday had said he would be happy if he was relieved from the GoM on corruption.

When asked to react on Hazare's remarks about him, Pawar made light of the issue, but said: "I will be happy if you relieve me from all GoMs, including that GoM (on corruption)".

Pawar was asked whether he was disturbed by the comments that he should not be part of the GoM on corruption.

Meanwhile, former Haryana chief minister Om Prakash Chautala was shouted out of Jantar Mantar area by anti-graft protesters for being a 'corrupt' politician himself.

Hazare, who has been on an indefinite fast here since Tuesday, is pressing for enactment of the Lokpal Bill with stringent measures against corruption.

The 72-year-old social activist, supported by eminent persons including Kiran Bedi, has been demanding that the drafting committee for the Lokpal Bill to tackle corruption should include members of civil society.

Displaying a lack of trust in some members of the GoM, he had said on Monday, "A minister like Sharad Pawar, who is known for possessing large amounts of land in Maharashtra, is heading a committee that will draft the nill."

The ministerial panel is headed by finance minister Pranab Mukherjee and comprises home minister P Chidambaram, defence minister AK Antony, railway Mminister Mamata Banerjee, law minister Veerappa Moily, parliamentary affairs minister Pawan Kumar Bansal, chemicals and fertiliser minister MK Alagiri and telecommunications minister Kapil Sibal.
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Anna Hazare, Lokpal Bill and Baba Ramdev

Post by Chinmayanand »

Under the honest & incorruptible leadership of Sri Manmohan Singhji , the dream of Gandhiji i.e. establishment of Ram Rajya in India, is being taken to higher level. Entire Congress Party can vouch for MMSji that He is holier than Harischandra Maharaj.If you do not believe , just look at the magnificent management of Adarsh Society scheme, hosting of Common Wealth Games , 2G spectrum allocation . Even Neera Radia will swear that our honourable Prime Minister is clean.

This Anna Hajare is a RSS agent who is out to malign Mr Singh and Soniaji . I say , Anna Hazare must be arrested and booked under POTA . By going on fast unto death, Sri Anna Hazare has questioned the incorruptible charatcter of Sri Manmohan Singh ji and his Cabinet and above all the leadership of Sri Soniaji. This is akin to blasphemy and should be dealt accordingly.

Long Live Sonia ji & Long Live Manmohan Singh ji. We, the poor souls in India, are blessed to have leaders like these. GOD bless them.

Yeah!!! Down with Anna Hazare.
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Re: Anna Hazare and Lokpal Bill

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IB4TL..
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Re: Anna Hazare and Lokpal Bill

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What is the Jan Lokpal Bill, why it's important
The Jan Lokpal Bill (Citizen's ombudsman Bill) is a draft anti-corruption bill drawn up by prominent civil society activists seeking the appointment of a Jan Lokpal, an independent body that would investigate corruption cases, complete the investigation within a year and envisages trial in the case getting over in the next one year.

Drafted by Justice Santosh Hegde (former Supreme Court Judge and present Lokayukta of Karnataka), Prashant Bhushan (Supreme Court Lawyer) and Arvind Kejriwal (RTI activist), the draft Bill envisages a system where a corrupt person found guilty would go to jail within two years of the complaint being made and his ill-gotten wealth being confiscated. It also seeks power to the Jan Lokpal to prosecute politicians and bureaucrats without government permission.

Retired IPS officer Kiran Bedi and other known people like Swami Agnivesh, Sri Sri Ravi Shankar, Anna Hazare and Mallika Sarabhai are also part of the movement, called India Against Corruption. Its website describes the movement as "an expression of collective anger of people of India against corruption. We have all come together to force/request/persuade/pressurize the Government to enact the Jan Lokpal Bill. We feel that if this Bill were enacted it would create an effective deterrence against corruption."

Anna Hazare, anti-corruption crusader, began a fast-unto-death today, demanding that this bill, drafted by the civil society, be adopted. The website of the India Against Corruption movement calls the Lokpal Bill of the government an "eyewash" and has on it a critique of that government Bill. It also lists the difference between the Bills drafted by the government and civil society.

A look at the salient features of Jan Lokpal Bill:

1. An institution called LOKPAL at the centre and LOKAYUKTA in each state will be set up

2. Like Supreme Court and Election Commission, they will be completely independent of the governments. No minister or bureaucrat will be able to influence their investigations.

3. Cases against corrupt people will not linger on for years anymore: Investigations in any case will have to be completed in one year. Trial should be completed in next one year so that the corrupt politician, officer or judge is sent to jail within two years.

4. The loss that a corrupt person caused to the government will be recovered at the time of conviction.

5. How will it help a common citizen: If any work of any citizen is not done in prescribed time in any government office, Lokpal will impose financial penalty on guilty officers, which will be given as compensation to the complainant.

6. So, you could approach Lokpal if your ration card or passport or voter card is not being made or if police is not registering your case or any other work is not being done in prescribed time. Lokpal will have to get it done in a month's time. You could also report any case of corruption to Lokpal like ration being siphoned off, poor quality roads been constructed or panchayat funds being siphoned off. Lokpal will have to complete its investigations in a year, trial will be over in next one year and the guilty will go to jail within two years.

7. But won't the government appoint corrupt and weak people as Lokpal members? That won't be possible because its members will be selected by judges, citizens and constitutional authorities and not by politicians, through a completely transparent and participatory process.

8. What if some officer in Lokpal becomes corrupt? The entire functioning of Lokpal/ Lokayukta will be completely transparent. Any complaint against any officer of Lokpal shall be investigated and the officer dismissed within two months.

9. What will happen to existing anti-corruption agencies? CVC, departmental vigilance and anti-corruption branch of CBI will be merged into Lokpal. Lokpal will have complete powers and machinery to independently investigate and prosecute any officer, judge or politician.

10. It will be the duty of the Lokpal to provide protection to those who are being victimized for raising their voice against corruption.


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Re: Anna Hazare and Lokpal Bill

Post by Chinmayanand »

Lokpal Bill lacks teeth, activists fume
Under the Lokpal Bill in its current form, the Lokpal cannot investigate the Prime Minister on issues of defence and external affairs, nor does it have any jurisdiction over Parliamentarians.
Apart from activists, putting pressure on the Government is National Advisory Council, which is taking a keen interest in the Bill.
Veteran Gandhian Anna Hazare has made his intent clear. "I will go on a fast and will not return to Maharashtra until the Lokpal Bill is passed," he said.
Prime Minister Manmohan Singh, aware of the deep potential for embarrassment, has already appealed to the veteran leader not to go on a fast.
In its current form the Lokpal will not have powers to enquire into matters suo motto and would need the recommendation of the Speaker.
It will not be able to act against Members of Parliament it finds guilty of corruption, in fact, its findings can also be rejected.
Only retired judges are allowed to be members, which excludes a whole lot of other people.
The present disagreement is over the formation of a joint committee. While the Government says there is no precedent, activists point out that it has happened in Maharashtra before.
Civil society activists have presented their own form calling it the Jan Lokpal Bill.
"The GoM on the Lokpal Bill has Sharad Pawar and Kapil Sibal, who never see corruption anywhere," said activist Arvind Kejriwal.
What is adding to the pressure on the Government is that Sonia Gandhi-led National Advisory Council has also taken a keen interest in the Bill.
"If there is a difference in opinion in the approach to the Bill, democracy is the process of really harmonising those differences and then coming to a best possible solution that a bill can offer," said Congress spokesperson Manish Tewati.
For Manmohan Singh, with his emphasis on a clean image already in tatters, the Lokpal controversy is going to be a tight rope walk.
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Re: Anna Hazare and Lokpal Bill

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BJP in two minds over Hazare''s version of Lokpal Bill


BJP appears to be in two minds on social activist Anna Hazare's indefinite fast against corruption with some leaders openly expressing their support to it and others privately airing reservations on his version of the Lokpal Bill. Senior BJP leaders like Rajnath Singh, Maneka Gandhi, Tarun Vijay, Prakash Javadekar and party's former Hindutva face Uma Bharti have expressed their support to Hazare's fast and the cause he is espousing. However, there is utter confusion on whether joining Hazare in the fight against corruption- an issue the BJP has been raising in and outside Parliament over the last several months- is enough or the party should go ahead and accept his draft of the Lokpal Bill which states that the Prime Minister should also be in its ambit. Vijay, who had visited Hazare yesterday at Jantar Mantar, said BJP wants that the opinion of all parties and interested NGOs should be sought before finalising the Bill. He sought to put all the blame for corruption on the Congress-led government. "Congress should apologise to the people of India. It has forced an octogenerian Gandhian to sit on a fast," Vijay said. Asked about the Jan Lokpal Bill, he said, "We are with every effort which is made to fight corruption. We want that more and more strict laws are made to check corruption." While Hazare himself has criticised both the Congress and the BJP, some leaders from the principal opposition feel supporting the social activist on corruption is fine as it corners the UPA government. However, other BJP leaders are apprehensive. "We cannot support bringing the Prime Minister in its ambit. There are several decisions- pertaining to foreign policy, defence, intelligence services and the like- on which the PM cannot be made answerable," a senior leader said. Such leaders are also against making NGOs and social activists too powerful in fixing accountability as envisaged in the Jan Lokpal Bill. "They will become more powerful than elected representatives and legislators," a senior BJP leader said. The Lokpal would get too much power, feel some leaders, if Hazare's views are incorporated. BJP has already learned it the hard way in Karnataka where Lok Ayukt Santosh Hegde has made life difficult for the B S Yeddyurappa dispensation by asking uncomfortable questions on out of turn allotments and other issues of corruption.
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Re: Anna Hazare and Lokpal Bill

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Modi supports Hazare’s demand for Lokpal bill
Bihar Deputy Chief Minister S.K. Modi on Tuesday lent his full support to eminent social worker Anna Hazare and other activists in their ongoing campaign for a comprehensive Lokpal bill for weeding out corruption.

“I have full personal support to Maharashtra’s eminent social activist Anna Hazare and other activists for a comprehensive Lokpal bill for uprooting corruption,” Mr. Modi told reporters on the sidelines of his ‘Janata Darbar’ programme.

Stressing that the social activists had prominently raised their voice against corruption, Mr. Modi said the Centre should seriously consider their view and act swiftly instead of “taking it as a prestige issue.”

Referring to 2G spectrum scam, he said, “Several layers of corruption involving the issue had surfaced and the UPA government should take it seriously.”
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Re: Anna Hazare and Lokpal Bill

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Lokpal Bill hanging fire for 42 years
Successive governments have tried to put in place for the past 42 years a law that would enable citizens to sue even the most powerful arm of the state for corruption.

The short-lived IK Gujral government made an unsuccessful attempt in 1996 to pass the Lokpal bill, a proposed enactment that had fallen five times since 1968.

AB Vajpayee’s NDA governments in 1998 and 2001 also made similar failed bids.

Prime Minister Manmohan Singh said in September 2004 that the Congress-led UPA government would lose no time in enacting the bill. But a small clique in the UPA and a strong lobby in the opposition, which has always felt that transparency isn’t conducive to a multi-party government, blocked it.

The Lokpal Bill, 2010, which awaits a select committee’s nod, provides for filing complaints of corruption against the prime minister, other ministers, and MPs with the ombudsman.

Corruption in various segments of public life is eating into the vitals of our nation. India has slipped from 84th to 87th position on the global corruption perception index. As a result, we have 1 lakh billionaires and 8.7 crore below-poverty-line families (about 40 crore people).

A Raja, former telecommunications minister in the UPA government, is alleged to have deprived the exchequer of Rs1.76 lakh crore. The key players in the Commonwealth Games scandal also belong to the ruling Congress.

Former chief justice of the Delhi high court and rights activist Rajinder Sachar, however, says the Lokpal Bill is “shamefully toothless and meant just to give a false reassurance to the people that the government is serious in its fight against corruption”.

On the other hand, former chief justice of India MN Venkatachelliah, who had headed a national committee to review the working of the Constitution set up by the Vajpayee government, has recommended that the prime minister be kept out of the Lokpal’s purview since “he occupies a unique position and is head of the entire governmental structure”.

But it would be worth an exercise to examine the issue in the light of the Raja row.
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Re: Anna Hazare and Lokpal Bill

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Re: Anna Hazare and Lokpal Bill

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Re: Anna Hazare and Lokpal Bill

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Image

Hunger strike over Lokpal Bill as thousands protest corruption
Social activist Anna Hazare on Tuesday began a “fast unto death” demanding the government enact a tough anti-corruption law that would lead to prosecution of officials and lawmakers.

In the capital, flag-waving protesters converged near the historic Jantar Mantar monument to join 72-year-old Hazare and other leading activists like Swami Agnivesh, Kiran Bedi and Arvind Kejriwal in demanding greater probity in public life.

Thousands joined the protests in different cities including Mumbai, Lucknow and Jaipur with activities ranging from hunger strikes to candlelit vigils.

The Congress-led coalition has been hit by a series of corruption scandals in recent times, leading to calls for adoption of the Lokpal bill which aims to bring the prime minister’s office and lawmakers under the purview of an anti-corruption ombudsman.

Activists reject the current draft of the bill which suggests the Lokpal (or ombudsman) be a recommending authority without prosecuting powers.

They have come up with an alternate draft, the Jan Lokpal bill, which gives the Lokpal punitive powers and makes completing investigations within a year mandatory.

“We are demanding the formation of a joint committee, with half the members from the civil society which will formulate the Lokpal bill,” said Aswathi Muralidharan from ‘India Against Corruption’ campaign, which is organising the protests.

Hazare, a social reformer and a right to information crusader, said he decided to undertake a hunger strike after Prime Minister Manmohan Singh did not form a joint committee for the Lokpal bill as demanded by activists.

“We need to change the system. We need to get corruption under control,” Hazare said.

Several corruption scandals, from the Commonwealth Games to the multi-billion telecoms scam, have damaged the government’s credibility and people from all age groups came together on Tuesday to demand accountability in public life.

“This protest is for welfare of the general public,” said Archana, a protester in New Delhi.
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Re: Anna Hazare and Lokpal Bill

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Re: Anna Hazare and Lokpal Bill

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Aamir Khan says Hazare deserves greater support than cricket team
Actor Aamir Khan says the country should extend greater support to Anna Hazare's struggle for a strong anti-corruption law than it did to the Indian cricket team's quest for the World Cup. In a letter to the social activist, who is on fast unto death demanding that the government co-opt the civil society in drafting the Lokpal Bill, the actor said the struggle against corruption was "infinitely more important, and affects each and every one of us".

In the letter sent on April 6, the actor called Hazare an inspiration for the youth of India and said that he had written to Prime Minister Manmohan Singh asking him to pay heed to Hazare's appeal.

In his letter to the Prime Minister, Khan said: "I would like to humbly submit to you that, based on all the material that I have read, what Mr Hazare is saying makes a lot of sense to me."

"I am one of over a billion citizens of this country who is affected by, and most concerned about, corruption in our country. The last few months have witnessed some shocking exposés. In fact our society has been plagued by this sickness over the last few decades. I am one of the many who feel that strong steps need to be taken as corrective measures," the actor wrote to the Prime Minister.

He further wrote: "It is therefore with great hope and all humility that I request you to pay heed to the voice of Mr Anna Hazare. I would like to submit to you that the nation is slowly but surely collecting behind Mr Hazare in appreciation for what he is fighting for. I am merely one of many who support Mr Hazare and have come to appreciate that this upright 72-year-old man is willing to sacrifice his life in the fight against corruption."
Amir Khan should start expecting IT guys at his doorstep soon.
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Re: Anna Hazare and Lokpal Bill

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Sharad Pawar quits corruption panel as support for Anna Hazare grows

The Anna Hazare-led anti-corruption agitation claimed its first victim on Wednesday as agriculture minister Sharad Pawar resigned from the group of ministers (GoM) on corruption after being held up as an example by Hazare of a "corrupt" minister who is member of the government body considering measures to check graft.

Even as support for Hazare spread across the country with civil society holding sit-ins in several cities, Pawar made his announcement at a public function. However, Hazare was unimpressed, saying he should resign as minister also.

"When he (Pawar) was chief minister, I returned the Padma Shri. Our problem has not been resolved by Pawar resigning from the GoM. One Pawar goes, another will come. We want a joint committee," Hazare said.

Hazare had earlier also made a dig at Kapil Sibal, another member of the GoM on corruption, for seeking to downplay the 2G scam by claiming it caused "zero loss" to the exchequer.
I hope Sri Hazare knows who he is up against .He is up against The Kansa Kutumb and he is no Sri Krishna.
This pack of wolves can easily wait till he succumbs to his hunger.
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Re: Anna Hazare and Lokpal Bill

Post by ShauryaT »

Lok Pal Bill


http://www.annahazare.org/

Facebook Link:

http://www.facebook.com/pages/Anna-Haza ... 66?sk=wall

Watch the press conference last week for a back grounder.


More in Marathi.
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Re: Anna Hazare and Lokpal Bill

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PRS is one of the few sites, that tracks Indian bills and has views on them.
Issue Brief on Lok Pal Bill
The stand-off between the government and Shri Anna Hazare, social activist has brought the issue of the Lok Pal Bill to the forefront. First introduced way back in 1968, the Bill was introduced eight times in Parliament. However, it lapsed each time after the Lok Sabha dissolved. The note gives some historical background on the Bill as well as the recommendations of various commissions on the office of the Lok Pal

Context

The central government is considering the introduction of a Lok Pal Bill to put in place a mechanism to tackle corruption.1 Currently, public servants (such as government employees, judges, armed forces, police) can be prosecuted for corruption under the Indian Penal Code, 1860 and the Prevention of Corruption Act, 1988. However, the Code of Criminal Procedure and the Act require the investigating agency (such as CBI) to get prior sanction of the central or state government before it can initiate the prosecution process in a court.2 The Supreme Court in the 1998 P.V. Narasimha Rao bribery case ruled that Members of Parliament (MPs) fall within the ambit of the definition of “public servant” in the Prevention of Corruption Act, 1988. However, opinion among the judges was divided over the issue of previous sanction with one side stating that MPs could not be prosecuted since there was no authority competent to give sanction and the other suggesting that till the law is suitably amended, the Speaker of the Lok Sabha and Chairman of the Rajya Sabha should give the necessary sanction.3

The idea of constituting an Ombudsman type institution to look into the grievances of individuals against the administration was first mooted in 1963 during a debate on Demands for Grants for the Law Ministry.4 In 1966, the First Administrative Reforms Commission recommended that two independent authorities at the central and state level be established to enquire into complaints against public functionaries (including Members of Parliament).4

The Lok Pal Bill was introduced for the first time in 1968 but it lapsed with the dissolution of the Lok Sabha. It was introduced seven more times in Parliament, the last time in 2001. However, the Bill lapsed each time except in 1985 when it was withdrawn.5 At the state level, so far 18 states have created the institution of the Lokayukta through the Lokayukta Acts.6

In 2002, the report of the National Commission to Review the Working of the Constitution urged that the Constitution should provide for the appointment of the Lok Pal and Lokayuktas in the states but suggested that the Prime Minister should be kept out of the purview of the authority.7 In 2004, the UPA government’s National Common Minimum Programme promised that the Lok Pal Bill would be enacted.8 The Second Administrative Commission, formed in 2005, also recommended that the office of the Lok Pal be established without delay.9

In January 2011, the government formed a Group of Ministers, chaired by Shri Pranab Mukherjee to suggest measures to tackle corruption, including examination of the proposal of a Lok Pal Bill.10

While drafting or examining the Lok Pal Bill, it may be useful to have clarity on certain issues: (a) composition and manner of appointment of the Lok Pal; (b) whether its jurisdiction should include all public servants or only political functionaries such as Ministers, Prime Minister and Members of Parliament; (b) whether CVC and CBI should be brought under the Lok Pal to create a single independent body to deal with corruption cases; (c) whether Lok Pal’s role should be advisory or should it have powers to prosecute; (d) whether it should have suo motu powers to investigate or would require a written complaint; (e) whether the Prime Minister should be exempt; and (f) whether prior sanction should be required to initiate inquiry against an MP or Minister.
Key recommendations of Commissions

A number of commissions have made recommendations on various aspects of the office of Lok Pal including procedure of appointment, powers of inquiry, and powers of prosecution.

First Administrative Reforms Commission (1966)

A citizen has the right to seek redressal against administrative acts of the government. He can either move court or seek other remedies such as petitioning his Member of Parliament. However, these remedies are limited because they maybe too cumbersome or specific grievances may not be addressed. Therefore, a more effective and simpler machinery is required to redress specific grievances of citizens against the administration.

Each government department should have a suitable machinery to receive and investigate complaints and set in motion the administrative process to provide remedies. There should also be two independent authorities to redress grievances: (a) Lok Pal, which shall deal with complaints against the administrative acts of Ministers or secretaries of government at the centre and the state; and (b) Lokayukta in each state and at the centre, which would deal with complaints against the administrative acts of other officials.
These authorities should be independent of the executive as well as the legislature and the judiciary. The Lok Pal should be appointed by the President on the advice of the Prime Minister. The PM shall consult the Chief Justice of India and the Leader of the Opposition. The Lok Pal shall have the same stature as the Chief Justice of India and can be removed only by impeachment. The Lokayuktas shall have similar powers as the Lok Pal and shall be equivalent to the Chief Justice of a High Court. Their appointment should, as far as possible, be non-political.

The Lok Pal may either act on the complaints made by an affected citizen or on his own cognition. He shall investigate cases related to maladministration, which involves acts of injustice, corruption and favouritism. The investigations and proceedings should be conducted in private and should be informal.

On receiving a complaint, the Lok Pal shall decide whether it is worth investigating, then send for comments to the concerned department. After getting the report, the Lok Pal shall decide if he wants to proceed or not. If he investigates and finds that injustice has been done, he shall suggest remedial action to the department. If the department does not act on it, he can report to the Prime Minister or the Chief Minister, who shall report back within two months. If he is not satisfied, then he may bring it to the notice of the Parliament or the Legislature. If there are criminal charges against a public official, he can bring it to the notice of the Prime Minister or the Chief Minister and they can then set the machinery of law in motion and inform the Lok Pal.
National Commission to Review the Working of the Constitution (2002)

The Constitution should provide for the appointment of the Lok Pal. But the office of the Prime Minister should be kept out of the purview of the Lok Pal.
Its findings should be final and form the basis for action by the government.
The Constitution should make it obligatory for states to establish the institution of Lokayuktas.
The Constitution should be amended to state that Members of Parliament may be prosecuted for the offence of giving or receiving monetary or other valuable considerations for voting in a particular manner or not voting.
An MP can be prosecuted after the investigating agency receives prior sanction from a committee constituted by the President. The committee shall have five MPs, nominated by the President in consultation with the Speaker of the Lok Sabha and the Chairman of the Rajya Sabha.

Second Administrative Reforms Commission (2007)

Lok Pal

The Constitution should be amended to provide for a national Ombudsman called the Rashtriya Lokayukta. The role and jurisdiction of the Rashtriya Lokayukta should be defined in the Constitution while the composition, mode of appointment and other details can be decided by Parliament through legislation.

The jurisdiction of Rashtriya Lokayukta should extend to Ministers (except the Prime Minister), Chief Ministers, and Members of Parliament. In case the enquiry establishes the involvement of any other public official, it can enquire against such public servants.
The Prime Minister should be kept out of the jurisdiction of the Rashtriya Lokayukta.

The Rashtriya Lokayukta should consist of a serving or retired Judge of the Supreme Court as the Chairperson, an eminent jurist as Member and the Central Vigilance Commissioner as the ex-officio Member.

The Chairperson and members of the Rashtriya Lokayukta should be selected by a Committee consisting of the Vice President, the Prime Minister, the Leader of the Opposition, the Speaker of the Lok Sabha and the Chief Justice of India. The Chairperson and Member should be appointed for only one term of three years and they should not hold any public office later, except if they can become the Chief Justice of India.
Lokayukta

The Constitution should make it obligatory on the part of state governments to establish the institution of Lokayukta and stipulate the general principles about its structure, power and functions.

The Lokayukta should be a multi-member body consisting of a judicial Member in the Chair, an eminent jurist or eminent administrator as Member and the head of the State Vigilance Commission as ex-officio Member.

The Chairperson and member of the Lokayukta should be selected by a Committee of the Chief Minister, Chief Justice of the High Court and the Leader of the Opposition in the Legislative Assembly. There is no need to have an Uplokayukta (deputy Lokayukta).
The Chairperson and members of the Lokayukta should be appointed strictly for one term only and they should not hold any public office under government thereafter.

The Lokayukta should have its own machinery for investigation. Initially, it may take officers on deputation from the state government, but over a period of five years, it should take steps to recruit its own cadre, and train them properly.
All cases of corruption should be referred to Rashtriya Lokayukta or state Lokayukta and these should not be referred to any Commission of Inquiry.

The jurisdiction of the Lokayukta would extend to only cases involving corruption. They should not look into general public grievances. The Lokayukta should deal with cases of corruption against Ministers and MLAs.

Each State should constitute a State Vigilance Commission to look into cases of corruption against state government officials. The Commission should have three Members and have functions similar to that of the Central Vigilance Commission. The Anti Corruption Bureaus should be brought under the control of the State Vigilance Commission.

Ombudsman at local level

A local bodies Ombudsman should be constituted for a group of districts to investigate cases against the functionaries of the local bodies. The State Panchayat Raj Acts and the Urban Local Bodies Act should be amended to include this provision.

The local bodies Ombudsman should be empowered to investigate cases of corruption or maladministration by the functionaries of the local self governments, and submit reports to the competent authorities for taking action. The competent authorities should normally take action as recommended. In case they do not agree with the recommendations, they should give their reasons in writing and the reasons should be made public.

Investigation and Prosecution

The State Vigilance Commissions and Lokayuktas should supervise the prosecution of corruption related cases.
The investigative agencies should acquire multi-disciplinary skills and should be thoroughly conversant with the working of various departments. Modern techniques of investigation should be used such as electronic surveillance, video and audio recording of surprise inspections, traps, searches and seizures.

A reasonable time limit for investigation of different types of cases should be fixed for the investigative agencies.
There should be sustained step-up in the number of cases detected and investigated. The priorities need to be reoriented by focussing on ‘big’ cases of corruption.

The prosecution of corruption cases should be conducted by a panel of lawyers prepared by the Attorney General or the Advocate General in consultation with Rashtriya Lokayukta or the Lokayukta.

The anti-corruption agencies should conduct surveys of departments with particular reference to highly corruption prone ones in order to gather intelligence and to target officers of questionable integrity.

The economic offences unit of states needs to be strengthened to effectively investigate cases and there should be better coordination among the existing agencies.

Comparison of Lokayuktas

Till 2010, 18 states have enacted laws to establish Lokayuktas. They are: Andhra Pradesh, Assam, Bihar, Chhattisgarh, Delhi, Gujarat, Jharkhand, Haryana, Himachal Pradesh, Karnataka, Kerala, Madhya Pradesh, Maharashtra, Orissa, Punjab, Rajasthan, Uttarakhand, and Uttar Pradesh. In Appendix 1, we have compared some of the Lokayukta Acts on certain parameters.
ShauryaT
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Re: Anna Hazare and Lokpal Bill

Post by ShauryaT »

Is this our revolution?
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Re: Anna Hazare and Lokpal Bill

Post by Jeff Lira »

I was reading a comment on a website in which the person said few good points and asked if we want to support Anna Hazare, then how can we do that? We can join him in rally and in hunger strike, but what about those of us who want to join cannot. he listed some very small things like not paying bribe to traffic officer to prevent paying for challan and not purchasing tickets in government buses is our part of corruption. And to support him we have to stop doing that. Can we think of something more which we can do to support him?
We feel good when such people come out and lead such movements for the good of the nation. We should support him.

Good to see that so many of us are supporting him.

Some can join him on hunger strike, But those of us who may not be able to join let us support in some or the other way.

1. Stop paying bribe to traffic police officers to avoid challan. If you did as mistake you deserve paying that money.

2. Purchase tickets in Public buses and always ask for the ticket if you have paid for the ticket.

3. Pay Taxes; saving taxes is different thing and not paying them is different thing. Government provide many options to save tax. Learn and follow them.

Government is not too nice as it steals our money, but are we?

Please tell me if you agree with this, and please suggest more how can we help Anna Hazare.
http://www.theworldreporter.com/2011/04 ... -anna.html
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Re: Anna Hazare and Lokpal Bill

Post by Arya Sumantra »

Chinmayanand wrote:BJP in two minds over Hazare''s version of Lokpal Bill
Such leaders are also against making NGOs and social activists too powerful in fixing accountability as envisaged in the Jan Lokpal Bill. "They will become more powerful than elected representatives and legislators," a senior BJP leader said.
And guess who funds and controls the NGOs.
Chinmayanand wrote:BJP in two minds over Hazare''s version of Lokpal Bill
There are several decisions- pertaining to foreign policy, defence, intelligence services and the like- on which the PM cannot be made answerable," a senior leader said.
As long as there exists NO way for a leader to talk to his own people ONLY without letting others know about it there should not be forced transparency on critical issues.
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Re: Anna Hazare and Lokpal Bill

Post by Ardeshir »

Here's a an alternative perspective on the Jan Lokpal Bill. Gents, we are being sold snake oil.
http://realitycheck.wordpress.com/2011/ ... at-emptor/

I sensed bullshit as soon as I heard Medha Patkar was one of the campaigners. That should set off anyone's BS Alarms.
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Re: Anna Hazare and Lokpal Bill

Post by Narad »

Please Keep the thread. This has potential to become an epic in coming days.
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Re: Anna Hazare and Lokpal Bill

Post by Sri »

Admins, it is important to keep this thread alive. Students, Croporate Executives, housewives and people from every strata are participating in this. Least we could do is to keep this thread alive.
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Re: Anna Hazare and Lokpal Bill

Post by Ardeshir »

From http://www.annahazare.org/pdf/Jan%20lok ... 0(Eng).pdf
A selection committee consisting of the following shall be set up:
a. The Chairpersons of both Houses of Parliament
b. Two senior most judges of Supreme Court
c. Two senior most Chief Justices of High Courts.
d. All Nobel Laureates of Indian Origin
e. Chairperson of National Human Rights Commission
f. Last two Magsaysay Award winners of Indian origin
g. Comptroller and Auditor General of India
h. Chief Election Commissioner
i. Bharat Ratna Award winners
j.After the first set of selection process, the outgoing members and Chairperson of
Lokpal.
So this Kejriwal fellow and Ms Bedi have been automatically selected to the panel. And Swami Agnivesh and Medha Patkar as key supporters. :roll:
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Re: Anna Hazare and Lokpal Bill

Post by Arya Sumantra »

Prasant wrote:From http://www.annahazare.org/pdf/Jan%20lok ... 0(Eng).pdf
A selection committee consisting of the following shall be set up:
.........
d. All Nobel Laureates of Indian Origin
........
f. Last two Magsaysay Award winners of Indian origin
With anglo-saxon habit of giving political dissidents a nobel prize and other awards, one can see who all "they" want to push in to committee. Why should anyone "awarded" by an overseas committee based on their critieria ever be on our political committees ? :roll:
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Re: Anna Hazare and Lokpal Bill

Post by Ardeshir »

So really, Sweden and Norway is going to play a key role in our lives, along with the Filipino government.
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Re: Anna Hazare and Lokpal Bill

Post by Dmurphy »

A superb read in this context:

Of the few, by the few - Pratap Bhanu Mehta
Sometimes a sense of unbridled virtue can also subvert democracy. The agitation by civil society activists over the Jan Lokpal Bill is a reminder of this uncomfortable truth. There is a great deal of justified consternation over corruption. The obduracy of the political leadership is testing the patience of citizens. But the movement behind the Jan Lokpal Bill is crossing the lines of reasonableness. It is premised on an institutional imagination that is at best naïve; at worst subversive of representative democracy.
The morality of fasting unto death for a political cause in a constitutional democracy has always been a tricky issue. There is something deeply coercive about fasting unto death. When it is tied to an unparalleled moral eminence, as it is in the case of Anna Hazare, it amounts to blackmail. There may be circumstances, where the tyranny of government is so oppressive, or the moral cause at stake so vital that some such method of protest is called for. But in a functioning constitutional democracy, not having one’s preferred institutional solution to a problem accepted, does not constitute a sufficient reason for the exercise of such coercive moral power. This is not the place to debate when a fast-unto-death is appropriate. But B.R. Ambedkar was surely right, in one of his greatest speeches, to warn that recourse to such methods was opening up a democracy to the “grammar of anarchy”.
Corruption is a challenge. And public agitation is required to shame government. But it is possible to maintain, in reasonable good faith, that the Jan Lokpal Bill is not necessarily the best, or the only solution to the corruption challenge. We should not turn a complex institutional question into a simplistic moral imperative. Many of the people in the movement for the Jan Lokpal Bill have set examples of sacrifice and integrity that lesser mortals can scarcely hope to emulate. But it is the high vantage point of virtue that has occluded from view certain uncomfortable truths about institutions.
The various drafts of the Jan Lokpal Bill are, very frankly, an institutional nightmare. To be fair, the bill is a work in progress. But the general premises that underlie the various drafts border on being daft. They amount to an unparalleled concentration of power in one institution that will literally be able to summon any institution and command any kind of police, judicial and investigative power. Power, divided in a democracy, can often be alibi for evading responsibility. But it is also a guarantee that the system is not at the mercy of a few good men. Having concentrated immense power, it then displays extraordinary faith in the virtue of those who will wield this power. Why do we think this institution will be incorruptible? The answer seems to be that the selection mechanism will somehow ensure a superior quality of guardians. Why? Because the selection committee, in addition to the usual virtuous judges, will have, as one draft very reassuringly put it, two of the “most recent Magsaysay Award Winners”. Then there is no sense of jurisdiction and limits. It is not going to look at corruption only. It can even look into “wasteful” expenditure. They can, potentially usurp all policy prerogatives of democratic governments. So many accountability institutions, in the name of accountability, are not distinguishing between policy issues and corruption. They are perpetuating the myth that government can function without any discretionary judgment.
But the demand is premised on an idea that non-elected institutions that do not involve politicians are somehow the only ones that can be trusted. This assumption is false. Institutions of all kinds have succeeded and failed. But the premise of so much accountability discourse is not just contempt of politicians, but contempt of representative democracy. This contempt is reflected in two ways. There are several mechanisms of accountability in place. They have not worked as well as they should; vested interests have subverted them. But interestingly, despite those interests, governments are being called to account. Most of us are as aghast as any of the agitators about the evasions of government. But it does not follow that creating a draconian new institution that diminishes everything from the Prime Minister’s Office to the Supreme Court is a solution. The net result of a “Lokpal” will be to weaken the authority of even other well-functioning institutions. No agitation focuses on sensible, manageable reform of representative institutions; all agitative energies are premised on bypassing them. Perhaps some version of a Lokpal is desirable. But reasonable people can disagree over this matter. To many of us, this proposal seems like the way we approached educational reform: if BA is not good quality, introduce MA; since MA does not work, have MPhil; since we can’t trust our PhDs, have a further NET exam, endlessly deferring to new institutions at the top of the food chain without attending to basics. We should, as citizens, not be subject to the moral coercion of a fast-unto-death on this issue. But the claim that the “people” are not represented by elected representatives, but are represented by their self-appointed guardians is disturbing. In a democracy, one ought to freely express views. But anyone who claims to be the “authentic” voice of the people is treading on very thin ice indeed. It is a form of Jacobinism that is intoxicated with its own certainties about the people. It is not willing to subject itself to an accountability, least of all to the only mechanism we know of designating representatives: elections. The demand that a Jan Lokpal Bill be drafted jointly by the government and a self-appointed committee of public virtue is absurd. Most of us sharply disagree with elected government on matters even more important than corruption. But no matter how cogent our arguments, it does not give us the right to say that our virtue entitles us to dictate policy to a representative process.
In an age of cynicism, Anna Hazare is a colossus of idealism. His sacrifices should cause all of us to introspect. It should be in the service of self-transformation, not a vilification of political processes. Virtue has an impatience with processes and institutions that needs to be checked. It is a dangerous illusion to pedal that badly designed new institutions will be a magic wand to remove corruption. All they will do is promote wishful thinking and distract from the myriads of prosaic decisions that will be required to get a better politics.
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Re: Anna Hazare and Lokpal Bill

Post by suryag »

My take on the composition/recruitment of the Apex Ombudsman body.
Intention : To have people with exceptional integrity and probity serve in these bodies and to make it as difficult as possible to cover up corruption
Overall structure: National Apex body of Ombudsman, State level Apex body of Ombudsman, District level Apex body of Ombudsman, Inter-District Ombudsman, Inter-state Ombudsman
Appointment to these bodies
1. Create a service in the civil services, Indian Vigilance service so that common citizens can participate via UPSC exam, a percentage of service personnel can also be deputed from Indian armed forces.
2. Indian Vigilance commissioner who heads the IVS can only be impeached by a majority in both houses of the parliament
3. His recruitment is derived from seniority, performance as gauged by electoral college across the country and by corruption indices calculated at state and national levels by three independent bureaus. These bureaus will be funded by citizens individual contribution. Individual contribution is mandatory and deducted at source. However, the choice of the bureaus is left to the person paying the tax. The bureau that presents the most accurate assessment will be chosen by people by nominating that bureau to receive contribution
4. The number of bureaus is not fixed if some enterprising individual wants to start a bureau they are free to do so, however, they need to reach a critical mass when it comes to exposing corruption following which they will be eligible to be listed as potential beneficiaries
5. The vigilance service will have mandate to choose judges from state level judiciary or retired judges to judge cases of corruption in special vigilance courts. The vigilance service will be the prosecutor while the defendant is free to choose any qualified lawyer from the bar to defend himself.
6. Complaints if any should be made to the Local Lok Ayukta office with preliminary evidence this could include but not limited to eyewitnesses, digital media recordings and documents depicting disproportionate assets.
7. Only one chance of appeal to the defendant. the defendant is free to choose a judge from the available panel to hear his appeal.
8. A percentage of money retrieved will be paid to all employees of the vigilance service with each employee getting a weighted sum that is proportional to their pay scale.
Punishments for accused vary
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Re: Anna Hazare and Lokpal Bill

Post by Atri »



in Hindi

Note: there is difference between good guys and assholes trying to pose as good guys.. If assholes start supporting a good guy on particular issue, it is not mandatory to conclude that the good guy is an asshole too.. as long as good guys do not start thinking like "great souls" and making "experiments", I think aal ij well..
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Re: Anna Hazare and Lokpal Bill

Post by Surya »

why is this in Burkha thread compared to hazaar nonsense piskology threads

Corruption is the biggest security problem we are facing!!
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Re: Anna Hazare and Lokpal Bill

Post by Singha »

imo his list of potential selection commitee shows him as well meaning but naive. there was an era where a 'senior' govt servant was expected to be capable and have integrity. now it varies and is not a function of age or experience. also most international awards are in pursuit of an agenda either for the giver or givee or both.

the sharks will subvert his cause and eat him alive .. he wont last 5 mins in the company of 'professional' players like medha patkar and swami agnivesh.
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Re: Anna Hazare and Lokpal Bill

Post by Dilbu »

Okay he is a bit naive but it is a good cause. The current situation where corrupt politicians and bureaucrats have no consequences to fear has to change.
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Re: Anna Hazare and Lokpal Bill

Post by Lalmohan »

actually, lets just have ratan tata run governance for the country
he's the best dude by far
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Re: Anna Hazare and Lokpal Bill

Post by Pranav »

Arya Sumantra wrote: With anglo-saxon habit of giving political dissidents a nobel prize and other awards, one can see who all "they" want to push in to committee. Why should anyone "awarded" by an overseas committee based on their critieria ever be on our political committees ? :roll:
Yes that was a flaw, but has been corrected in the latest version of the bill http://indiaagainstcorruption.org/docs/ ... %202.1.doc
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Re: Anna Hazare and Lokpal Bill

Post by Pranav »

Dmurphy wrote:A superb read in this context:

Of the few, by the few - Pratap Bhanu Mehta
Mehta is trying to pull a fast one. Fast track courts does not mean that the Lok Pal has judicial powers.
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Re: Anna Hazare and Lokpal Bill

Post by Rahul M »

times now had a pretty good panel on this yesterday. harish salve and soli sorabjee were on it. both, while very supportive of the general aspects of this movement came down hard on the current draft (salve was dismissive of the UPA draft, he refused to discuss it at all calling it was a waste of time) saying that it gives the lokpal unprecedented powers and it will end up subverting democracy and anti-development. going by the draft I agree completely, this is at best a naive movement, at worst a very dangerous one.

Indian democracy has survived due to the checks and balances that doesn't allow any one person to concentrate all power in his hands. take that away and we will become another ploglessive countly.
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Re: Anna Hazare and Lokpal Bill

Post by Arya Sumantra »

When one is naive, one lends his shoulder as support to all and sundry firing at others for their purpose. That is what I fear this man will end up becoming - a useful tool for naxals, EJs and the like who will use the frustration with corruption as an alibi for their aims. They(vested background interests) will push for clauses of snooping into every conceivable info/file of interest in the name of accountability, and ask for the watchdog and arbiter powers to miscellaneous unelected people rendered famous by paid media, awarded by foreign committees, leaders of shady NGOs propped by foreign funds etc. And this naive unsuspecting man will just forward those demands.

If you are leader you don't allow yourself to be used but rather take control and charge of people around you. Merely having good intentions and personal record doesn't cut it if you don't have concrete plans and can't control people. Let this man(Hazare) convince the people that he himself is the origin of the all demands and justify each and every clause that he is demanding with reasons in support and how are his demands free from any loopholes.

There never is a substitute for human morality. You can only add to more bureaucracy and stalemate by throwing in more people to check on people. Eventually corruption finds its way to beat any new system as well.

Time to keep a watch on maoists and EJs getting into this man's morchas. Don't let our frustration with corruption get the better of our guard and vigil.
Last edited by Arya Sumantra on 07 Apr 2011 16:59, edited 1 time in total.
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Re: Anna Hazare and Lokpal Bill

Post by Muppalla »

A lot of anti-development NGOs got a sellable platform in the form of anti-corruption. Public anger against corruption is high and these NGOs were successful in sabotaging for their ends.
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Re: Anna Hazare and Lokpal Bill

Post by Chinmayanand »

Lalmohan wrote:actually, lets just have ratan tata run governance for the country
he's the best dude by far
Neera Radia , 2G ghapla :oops:
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