Under the current Constitution of India Legislature trumps all other organs of the government in its ability to overrule and execute its decisions. By virtue of its powers it is the ultimate source of legitimacy for the state. A committee or more precisely a Joint Parliamentary Committee (JPC) is a very potent body in terms of powers and privileges it has. Hence it will be a platform (to probe) more potent than courts or investigative agencies who have very limited mandate to investigate.VikasRaina wrote:Can someone tell me how constituting JPC would help resolve this 2G scam ?
Typical response to above lines would be big deal? Huh? So...? And the point being?
Well to carry it forward let me quote the Constitution of India (yes the very document our thought police refuses to read or even care about as long as they can save the country from spaghetti monster).
Art.105 (3)
The committees of the house or parliament have all the immunities or the powers of the parliament as delegated to them. Now the committees of the house are of two types (a) Standing Committee (b) Ad-Hoc ones. The Standing Committees are the permanent committees created for specific tasks and mandated with specific powers. All financial committees like the Public Accounts Committee (PAC) headed by Mr MM Joshi are Standing Committees. The Prime Minister had cleverly told the nation that he will appear before the PAC and sought to create an image that he was amenable to a parliamentary probe.In other respects, the powers, privileges and immunities of each House of Parliament, and of the members and the committees of each House, shall be such as may from time to time be defined by Parliament by law, and, until so defined, 1[shall be those of that House and of its members and committees immediately before the coming into force of section 15 of the Constitution (Forty-fourth Amendment) Act, 1978.
However this is as far from truth as purelanders being true arabs! The PAC is limited in its mandate to ONLY go through public accounts of the processes being probed and has no powers to summon an officer above the level Secretary to Government of India. The JPC on the other hand will not only have the powers to summon the PM himself (including any official of the PMO) it will also carry administrative powers to direct investigative agencies to divulge information. Further to that its report will be a public submission to the houses concerned on the floor of respective houses. Hence everything will on record and nothing will be lost in the maze of babucracy. In short a verdict of "guilty" from JPC on the floor of the house will make it impossible for the scamsters to go scot free.
I am really not into Rahul M(ehta) like CTs but clearly in this case the denial of JPC by this government leaves much to be desired and infact raises suspicion regarding certain high offices of the nation. Mark it, without a JPC the government will easily subvert all investigative processes, with an invisible MiniTru working overnight to help the scamsters JPC is the only way out. There is no point in having a parliament if it cannot investigate a scam of galactic proportions. Actually we must be asking the GOI to let parliament do its job and constitute the JPC. Not the other way round as the MiniTru desires us to think...VikasRaina wrote:What exactly are they going to unearth when all of them are naked in this bath tub ? Another day on office shouting slogans and not letting parliament work. Wonder why MMS and his cohorts are so scared. Constitute JPC and every one goes back home happy and satisfied.