Hello Readers,
So this not not something about creating a blog , making a twitter bird fly through posts or html & javascript codes for making blogs attractive! This post is something that i wish to share with you about the burning issue of India today .... According to the data provided by the Swiss bank, India has more black money than rest of the world combined. India topping the list with almost Rs69,232.05 Billion black money in swiss banks, followed by Russia Rs 21,692.71 Billion, K Rs 18,000.33Billion, Ukraine Rs 4,615.47 Billion and China with Rs 4,430.85 Billion.
It’s embarrassing for any country to top the list of black money holders. The money which belongs to the nation and it’s citizens, is stashed in the illegal personal accounts of corrupt politicians, IRS, IPS officers and industrialists. An amount which is 13 times larger than the nations foreign debt. Every year this amount is increasing at a rapid speed but the Indian government seem to be silent over this matter from a very long time. The total black money accounts for 40% of GDP of India, if all the money comes back to India then that could result in huge growth burst for India.
For the first time in the 63 year history of our nation, the citizens have the opportunity to directly participate in the making of a law that will have significant and direct impact on their lives and the life of the nation. The country is today ridden by corruption. Whether it be routine transactions that involve the government or services and amenities and benefits provided through the public exchequer, the ordinary citizen pays a price daily in terms of harassment, delays, poor quality, absent infrastructure and in-equal access. What we need is an effective and independent institutional mechanism for tackling the malaise of corruption in this country. That institution is the Jan Lokpal. That corruption is a disease consuming the body politic is a fear expressed by dignitaries in India over many years. As far back as 1979, Justice V.R. Krishna Iyer observed in a judgment in his inimitable style: “Fearless investigation is a ‘sine qua non' of exposure of delinquent ‘greats' and if the investigative agencies tremble to probe or make public the felonies of high office, white-collar offenders in the peaks may be unruffled by the law. An independent investigative agency to be set in motion by any responsible citizen is a desideratum.”
Mark the words: fearless investigation by an independent investigative agency against delinquent ‘greats'. A good Lokpal bill has to be nothing less.
Jan Lokpal BilL
The Jan Lokpal Bill ,also referred to as the citizens' ombudsman bill is a proposed independent anti-corruption law in India. Anti-corruption social activists proposed it as a more effective improvement to the original Lokpal bill, which is currently being proposed by the Government of India.
The Jan Lokpal Bill aims to effectively deter corruption, redress grievances of citizens, and protect whistle-blowers(a person who tells the public or someone in authority about dishonest or illegal activities occurring in a government department, public or a private organization or a company). If made into law, the bill would create an independent ombudsman body similar to the Election Commission of India called the Lokpal (Sanskrit: protector of the people). It would be empowered to register and investigate complaints of corruption against politicians and bureaucrats without prior government approval. First passed the Lok Sabha in 1968, the bill has failed to pass the Rajya Sabha and become law for over four decades
Difference between government and activist drafts :
Jan Lokpal Bill (Citizen's Ombudsman Bill) | Draft Lokpal Bill (2010) |
Lokpal will have powers to initiate suo motu action or receive complaints of corruption from the general public. | Lokpal will have no power to initiate suo motu action or receive complaints of corruption from the general public. It can only probe complaints forwarded by the Speaker of the Lok Sabha or the Chairman of the Rajya Sabha. |
Lokpal will have the power to initiate prosecution of anyone found guilty. | Lokpal will only be an Advisory Body with a role limited to forwarding reports to a "Competent Authority". |
Lokpal will have police powers as well as the ability to register FIRs. | Lokpal will have no police powers and no ability to register an FIR or proceed with criminal investigations. |
Lokpal and the anti corruption wing of the CBI will be one independent body. | The CBI and Lokpal will be unconnected. |
Punishments will be a minimum of 10 years and a maximum of up to life imprisonment. | Punishment for corruption will be a minimum of 6 months and a maximum of up to 7 years. |
§ 1968 - Rs 3 lakh
§ 1971 - Rs 20 lakh
§ 1977 - Rs 25 lakh
§ 1985 - Rs 25 lakh
§ 1989 - Rs 35 lakh - PM under lokpal
§ 1996 - Rs 1 crore - PM under lokpal
§ 2001 - Rs 1.5 crore - PM under lokpal
- 2011 - Rs 1700 crore
The Constitution :
Under the Indian Constitution there is no provision to give immunity to the Prime Minister, Chief Ministers or Ministers. Under Article 361, immunity from criminal proceedings is conferred on the President and the Governor (formerly the Rajpramukh) only “during his term of office.”
So what is the principle behind such immunity being given? The line is clearly drawn. Constitutional heads who do not directly exercise executive powers are given immunity as heads of state. Active politicians such as Ministers, who cannot remain aloof from the hurly-burly of electoral and party politics, ethical or unethical, honest or corrupt, are not given any immunity. They are subject to penal laws and criminal liability.
The basic structure of the Constitution clearly denies immunity to the Prime MinisterTHE OTHER SIDE :
The emphasis on the Lokpal Bill has become critical for a country that has seen its government's corruption hit over-achiever levels. So what exactly is this bill going to do.? Evary coin has two sides... So has this bill too.. Please note that I do not have any pre-conceded thoughts to write against The Lokpal. These are the general critics being offered against the lokpal bill...
1. Team Anna wants PM to be covered under the lokpal bill..
The first one runs thus: “The simple answer is, if the Prime Minister is covered under ordinary law (the Prevention of Corruption Act), you don't need him covered under Lokpal.” This is a view that has been attributed to the former Chief Justice of India, J.S. Verma . Tamil Nadu Chief Minister Jayalalitha has said she was against bringing the Prime Minister under the Lokpal’s ambit as it would undermine his authority and pave way for a ”parallel government.”
Expressing fears that the bill could be used by foreign powers to “destabilise” the nation, she said if the Prime Minister was included under the Bill, he cannot function as he would have to focus more on defending himself against the accusations.
“It would seriously dent the PM’s authority even if charges were proved wrong. The Prime Minister will be put on the defensive and he has to constantly defend himself,” she said but added that the state government will give its opinion on this issue only after getting the final draft which would be tabled in Parliament.
SO if the prime minister is going to be questioned by anyone... what about the dignity of the post? What if the opposition parties misusing this opportunity for personal vengeance? Then the prime minister has to keep on defending himself against each and every complaint registered... I don’t mean that prime minister cant be faulty but this could not be the right approach as far as prime ministers office is concerned
2. Team Anna wants to frame a committee which includes people who have clean track records.
People with clean records??????? That is a million dollar question in todays India! It remains unsure whether Many of the celebreties who are supporting the passing of the bill have payed their income tax properly or not . They have included the people who in past where the Judges or Advocates of High Court or Supreme Court. How can one be sure if these people have clean records or they are puppets in the hands of some political party??
3. Team Anna wants PM ManMohan Singh in the lokpal committee..
'Whether it be the 2G spectrum affair or the KG Basic gas contract issue or the appointment of Kalmadi as chairman of the CWG (Commonwealth Games) Organising Committee, the role of the prime minister is questionable,' – CPI
The role of the Prime Minister Manmohan Singh and Home Minister P. Chidambaram over their alleged involvement in facilitating the 2G spectrum telecom scam. Has been questioned by Tamilnadu chief minister...
Well all mistakes set apart.. today almost whole india knows the puppet show being played and i hope you will be able to figure out what i mean ! Why? Even if he is included in the bench, he will do what Sonia madam will ask him to do
4. Appeals against the lokpal order will be preceded to the High Court.
So we are back to the most corrupted place on the Earth! The entire meaning of the lokpal bill stands null.The Govt’s format of Lokpal is worthless & useless. But even the Anna’s Lokpal is impractical to some extent. Anyways, the fight against corruption has started and there would surely be some good outcome to it. All in all, it's good for the country. A good start. No one should think that just getting a strong Lokpal will eliminate corruption. But at least, it will make every attempt to arrest it as far as possible. As time goes along, it can be improved with experience. Let's not delay it. Sooner the better.
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