| 'తానా' సభలకు లోక్ సత్తా నేతలు Posted: 30 Jun 2011 07:55 AM PDT |
| లోక్ పాల్ బిల్లులోనే రాష్ట్రంలో లోకాయుక్తలకు ఏర్పాటు ఉండాలి - కీలక సూచనలతో ప్రధానికి జేపీ లేఖ Posted: 30 Jun 2011 07:54 AM PDT |
| తెలంగాణాపై వెంటనే తుది నిర్ణయం తీసుకోండి - కేంద్రానికి జేపీ డిమాండ్ Posted: 30 Jun 2011 07:53 AM PDT |
| Lok Satta delegates to TANA Posted: 30 Jun 2011 07:28 AM PDT Lok Satta Party leaders Katari Srinivasa Rao and P. Rohit Kumar will be taking part in the TANA (Telugu Association of North America) conference beginning on July 1 at Santa Clara, California, US.
During their visit until July 17, they will interact with People for Lok Satta chapters and take part in the Los Angeles Telugu Association meetings.
 |
| Dr.JP's Letter to the Prime Minister on Lokpal Bill Posted: 30 Jun 2011 07:29 AM PDT Dr. Manmohan Singh
The Prime Minister of India
Room No. 148 B,
South Block, Raisina Hill
New Delhi – 110 001
Esteemed Prime Minister Dr Manmohan Singh ji,
Sub: Lokpal Bill – Reg.
Kindly recall our letter dated 11th May 2011 to you and leaders of major political parties, conveying the views of the Round Table of eminent citizens on Lokpal Institution conducted on April 24, 2011 in New Delhi. I am enclosing for your ready reference my earlier letter along with the views of the Round Table, and the background reference documents and a comparative statement of views and recommendations of various expert bodies.
Subsequent to that, the government substantially revised the official draft Lokpal Bill. Many significant provisions incorporated in the draft Bill make Lokpal a robust, effective and independent anti-corruption institution. For instance, the appointment by a collegium (section 4), and the provision for Search Committee if considered necessary, ensure appointment of persons of high standing and credibility. Protection of conditions of service (section 7), and the procedure for removal only on the recommendation of the Supreme Court ensure the independence of the high institution of Lokpal. Power to appointment Director of Prosecutions and guide the prosecution process (section 15) strengthens a vital weak link in the chain of action against corruption. Charging the expenditure of the Lokpal to the Consolidated Fund of India (section 16), while it is largely symbolic, preserves the prestige and dignity of the high office of Lokpal. Section 18 gives Lokpal powers to investigate even those allegations which are pending before any court or committee. The power to constitute benches (section 19) facilitates effective functioning of the institution. Lokpal would not need any sanction or permission to investigate, and complaints filed by Lokpal shall be taken cognizance by the Special Court (section 26), giving Lokpal teeth in combating corruption. Section 28 empowers Lokpal to file a case in a Special Court. Section 32 and 33 provide for attachment of properties by Lokpal, and confirmation by special courts, and confiscation on conviction. Section 38 provides for constitution of Special Courts as recommended by Lokpal.
All these are extremely salutary provisions which go a long way in creating a strong, independent, robust anti-corruption institution. While a lot more needs to be done to curb corruption, this legislation will certainly mark a new beginning in our quest for clean and good governance. We sincerely hope that all the political parties will transcend their differences and come together to make the enactment in Parliament swift and unanimous, so that a strong signal can be sent to the nation and the global community.
There are however, four specific issues which merit serious consideration while creating a strong anti-corruption institution. The Round Table on Lokpal in which eminent and credible citizens, many of whom with rich and varied experience in high office including in higher judiciary and constitutional authorities, made unanimous recommendations after extensive deliberations on these issues. I therefore feel it is my duty to bring to your notice the views of the Round Table on these four issues, and urge you to give these due consideration and incorporate them in the draft Bill. The four issues are as follows:
1. A Single Legislation by Parliament applicable to the Union and States:
On May 1, 2011 India has ratified the United Nations Convention Against Corruption (UNCAC). Once this convention is ratified, Article 253 automatically empowers Parliament to make laws for the whole nation in order to implement any international treaty, agreement or convention. Therefore the Parliament has the power and duty to make laws applicable to the Union, States and local governments in respect of anti-corruption institutions and other related matters in pursuance of the UNCAC. The problem of corruption is not limited to the Union government. By common admission, corruption is as wide-spread in our states and local governments.
Therefore it is vital that the draft Bill provides for a Lokayukta in each state, and local ombudsmen in each district or group of districts and local governments very similar to Lokpal in composition, powers, functions and institutional mechanisms. In respect of the Right to Information Act, the Parliament made a law applicable to all states and local authorities in a similar manner. The priceless opportunity available to us to address corruption across the board should be seized with alacrity.
The Round Table on Lokpal unanimously recommended that a single, effective legislation should be make by the Parliament applicable for the entire country – Lokpal for the Union, Lokayukta for States, and Local Ombudsmen for local governments – with each institution having identical functions and powers within their respective jurisdictions.
That some states are less than eager to have such a law cannot be a sound argument for Parliament not creating the anti-corruption institutions in states. We hope the political parties, the Union Cabinet, and the Parliament will act in the national interest.
2. Seamless Integration of CVC with Lokpal:
The draft Bill provides for an eleven-member Lokpal. The jurisdiction of the Lokpal (Section17) extends to Ministers, Members of Parliament, Group A officers and senior functionaries of public sector undertakings. Such a well-defined jurisdiction limited to senior officials and elected officials ensures that Lokpal is a high ombudsman effective in curbing corruption in the top echelons of government. Under the Central Vigilance Commission Act, 2003, a three-member CVC is constituted with jurisdiction over all public servants and vigilance wings of various departments and agencies.
The Lokpal Round Table unanimously recommended that the CVC should be retained and strengthened; the appointment of CVC should be in a like manner as Lokpal; and CVC should be made ex-officio members of Lokpal. CVC's participation in Lokpal would facilitate harmonious integration and minimize duplication of efforts. When new institution is created, effective coordination and integration with existing institutions is vital. As Lokpal is contemplated with a chairman and ten members, it would be appropriate if three of the ten members are chairman and members of CVC in ex-officio capacity. The CVC chairman and members could be appointed in the same manner as the Lokpal. That would ensure seamless integration of CVC with Lokpal, while fully utilizing the institutional strength and experience of CVC.
3. Chief Ministers to be brought under Lokpal jurisdiction:
The draft Bill on Lokpal rightly excludes the Prime Minister from the purview of Lokpal. The Second Administrative Reforms Commission, the National Commission to Review the Working of the Constitution, and several eminent experts who held high Constitutional office have argued that Prime Minister occupies a pivotal position in our Parliamentary democracy. They recommended that the Prime Minister should be accountable only to Parliament and not to any extra-Parliamentary institution in order to protect the stability of the country and preserve the authority of Parliament.
Similar arguments can be advanced in respect of Chief Ministers in Stares vis-à-vis Lokayukta. Therefore the Lokpal Round Table recommended that the Chief Ministers of the States should be brought under the jurisdiction of Lokpal at the national level. This will preserve the stature of Chief Ministers while at the same time ensuring probity and integrity in state governments.
4. Anti-Corruption Wings of CBI and ACBs to be brought under Lokpal's protective umbrella:
The heart of rule of law is independent and impartial crime investigation. Normatively independent investigation of corruption offences is accepted in our country. However, it is widely believed that the professionalism and efficacy of CBI and ACBs are compromised by undue interference in their investigations. The Supreme Court, in its Hawala case judgment in 1997 directed certain measures to protect autonomy of CBI. Later, the CVC Act in 2003 gave effect to the Supreme Court judgment. However, it is vital that the anti-corruption wing of CBI and ACBs are taken out of partisan control, and their autonomy and professionalism are protected. If the anti-corruption wing of CBI is separated, and brought under the broad supervision of Lokpal, it will serve the purpose. In states, the Anti Corruption Bureaus (ACBs) should be similarly brought under the supervision of Lokayukta. The Lokpal Round Table unanimously recommended that the anti-corruption wing of the CBI should be separated. It should report to the Lokpal which would exercise broad superintendence. Accountability mechanisms should be evolved through a committee of Lokpal, CAG and CVC. Similar provisions should be made in states in respect of ACB and Lokayukta.
These four specific recommendations of the Round Table on Lokpal are well-reasoned, well-researched, and are based on the considered views of eminent citizens, especially experienced Constitutional functionaries. Therefore, we urge you to give due consideration to these views and ensure that draft legislation incorporates them in the larger public interest. The nation cannot have a better opportunity than today in creating a robust, effective anticorruption institutional mechanism within the framework of democratic accountability and constitutional checks and balances. We are confident that you will utilize your good offices to ensure a robust legislation with bipartisan consensus in Parliament.
With warm personal regards,
Yours sincerely,
Jayaprakash Narayan
 |
| Lokpal Bill should provide for Lokayuktas in States: Dr. JP Posted: 30 Jun 2011 07:20 AM PDT Lok Satta Party President Dr. Jayaprakash Narayan today demanded that the proposed Lok Pal Bill also provide for the appointment of a Lokayukta in each State and an ombudsman in each district of the country.
In a letter to Prime Minister Dr. Manmohan Singh and leaders of all parties, Dr. JP said that Parliament can now make a law to tackle corruption all over the country with the Government of India ratifying the United Nations Convention against Corruption (UNCAC). Article 253 automatically empowers Parliament to make laws for the whole nation in order to implement any international treaty, agreement or convention. He recalled that in 2005 Parliament had adopted the Bill on right to information applicable to all States and local authorities.
In his letter, Dr. JP said, "The problem of corruption is not limited to the Union Government. By common admission, corruption is as widespread in our States and local governments. That some States are less than eager to have such a law cannot be a sound argument for Parliament not creating anti-corruption institutions in States."
If the Lokpal law is not made applicable to states, it will be a great betrayal of the trust of the people, and unacceptable abdication of responsibilities by the Union government. "In all the debate on Lokpal, we are missing the wood for the trees", Dr JP said.
Addressing media, Dr. JP said that the official draft Lokpal Bill contained many provisions which make the Lokpal a robust, effective and independent anti-corruption institution. He, however, drew the Prime Minister's attention to the recommendations made by a Round Table of eminent citizens conducted in New Delhi on April 24, 2011.
The Round Table unanimously recommended that a single, effective legislation should be made by Parliament applicable for the entire country. It should provide for a Lokpal for the Union, Lokayukta for States, and Ombudsmen for local governments, with each institution having identical functions and powers within their respective jurisdictions.
The Lokpal Round Table recommended that the three members of the Central Vigilance Commission be made ex-officio members of the Lokpal to facilitate effective coordination and integration with existing institutions. The CVC has jurisdiction over all public servants and vigilance wings of various departments and agencies.
Dr. JP said that the draft Bill on Lokpal rightly excludes the Prime Minister from the purview of the Lokpal. Since the Prime Minister occupies a pivotal position in our parliamentary democracy, many authorities have recommended that the Prime Minister be accountable only to Parliament and not to any extra-parliamentary institution to protect the stability of the country and preserve the authority of Parliament.
The Lokpal Round Table recommended that Chief Ministers should be brought under the jurisdiction of Lokpal at the national level to preserve their stature and ensure probity and integrity in State Governments.
It also recommended that the anti-corruption wings of the CBI and ACBs be brought under Lokpal's protective umbrella to ensure independent and impartial crime investigation. This is in the context of the widespread belief that the professionalism and efficacy of the CBI and ACBs are compromised by undue interference in their investigations. The anti-corruption wing of the CBI should be separated and brought under the broad supervision of the Lokpal and the Anti Corruption Bureaus (ACBs) in states under the supervision of Lokayuktas.
Dr. JP listed the following as among salutary provisions in the official draft Lokpal Bill:
- Appointment of the Lokpal by a collegium, and the provision for a search committee if necessary
- Removal of Lokpal only on the recommendation of the Supreme Court
- Power to the Lokpal to appoint Director of Prosecutions and guide the prosecution process
- Charging the Lokpal expenditure to the Consolidated Fund of India
- Power to the Lokpal to investigate even allegations pending before any court or committee
- Power to the Lokpal to constitute benches
- Making any sanction or permission unnecessary for the Lokpal to investigate
- Powers to the Lokpal to file a case in a special court
- Constitution of special courts as recommended by the Lokpal.
- Provisions for attachment of properties and confiscation on conviction of the guilty
 |
| Don’t dither further on Telangana, Dr. JP tells Center Posted: 30 Jun 2011 07:18 AM PDT Lok Satta Party President Dr. Jayaprakash Narayan today demanded that the Union Government take a decision on the demand for and against a separate Telangana State without further delay.
The Union Government has subjected Telugu-speaking people to incalculable harm by dithering on the issue for the last one year and a half. Politicians at the Delhi end seem to view Andhra Pradesh as a colony providing voting machines in flesh and blood to serve their narrow partisan interests. The State has suffered a setback to industrialization and its youth have lost employment opportunities.
The Union Government's decision, he said, should serve the interests of people in all the regions of the State and not run counter to national interests. It should be rational and logical, transparent and practicable.
Dr. JP reiterated the Lok Satta's contention that the Union Government straightway delete Clause 14 (F) of the Presidential Order of 1975. He recalled that at the Lok Satta Party's initiative, the Assembly had unanimously adopted a resolution seeking deletion of the controversial clause.
Pointing out that the clause and the fears of 'free zone' were the sparks that triggered the Telangana agitation in 2009 Dr. JP accused the Union Government of abdicating its governance responsibility by not heeding the State Assembly's plea. He wanted the Union Government not to play football with Andhra Pradesh people's aspirations.
 |
| Dr.JP's Response On Srikrishna Committee Report Posted: 29 Jun 2011 11:28 PM PDT It is a deep tragedy that intemperate remarks of those in authority are adding fuel to the fire. It is expected that those in high positions or those who are entrusted with complex issues act with maturity, fairness, objectivity and restraint. Clearly, the alleged 8th chapter of Srikrishna Committee was uncalled for. There cannot be secret reports in a public enquiry, except on matters relating to national security. I have only seen excerpts of the undisclosed report in the media. I have not gone through the document myself; but what appeared in the media, and the comments of the high court give us an inkling of it. We should unreservedly oppose such casual, improper and unethical comments on an extremely sensitive and serious issue.
It is always a difficult decision as to when we should make public comment, and when to maintain silence. As it is, in a noisy and argumentative culture, a lot of cacophony prevails. There is a natural propensity in Lok Satta to refrain from adding more to the cacophony on a variety of issues in the country. Informed, balanced public debate is not the forte of our society or politics. Therefore, all of us who have limited energies should exercise enormous restraint and focus on core areas of national concern. Lok Satta is usually averse to saying the same thing which is being said by all, unless we add significant value. Dignified silence is not a sign of acquiescence; it is often an expression of quiet disapproval.
However, SKC (if the committee has indeed endorsed the secret report) has done a great disservice to the nation, the state of Andhra Pradesh, and the people of Telangana. Lok Satta has always appealed to people with influence to act with dignity, restraint and fairness. The secret chapter has failed that test.
Whatever be the underlying factors for dissatisfaction in Telangana region, and the fears in other regions, we have a very complex problem on our hands. When people view development, growth and prosperity as zero-sum issues, we always have fierce contention and deep distrust. We see that in respect of reservation; political representation; regional agitations; communal riots, and a host of other diversities which are part of India.
Our federalism has matured a great deal over the past three decades. We have to find innovative solutions to accommodate the aspirations of all states and sub-regions, without stoking mistrust or fears. Our constitution is flexible, and our political system, despite the obvious flaws, is robust. It is our duty as enlightened citizens not to be apoplectic on sectarian issues, and help restore calm and push for a balanced, acceptable solution which strengthens our federalism, democracy and national unity. I am sure seemingly intractable problems can be resolved fairly through patience, empathy, dialogue, mutual understanding, and love for justice.
Sadly, all over the world, and certainly in India, there is often a combination of arrogance and ignorance that makes people bigoted. Unreasonable pride in 'my dialect', 'my language', 'my culture', or 'my religion' often gives way to prejudice. The regions and groups which had earlier access to the tools of modernization often used their advantage to perpetuate a myth about the 'inadequacies' and 'cultural backwardness' of those who were not part of the modernization band wagon. However, many wise people have always rejected such unfounded notions of superiority in language, dialect, or culture. Nevertheless, when popular art is dominated by a certain dialect or cultural idiom, those who are left out feel genuinely aggrieved. Telengana has always been home to the richest Telugu indigenous (as opposed to the highly Sanscritized) vocabulary. But our popular films, media and literature have increasingly homogenized Telugu language and culture, and have lead to alienation and a sense of marginalization of the local dialects in Telangana and elsewhere. Language is the basis of communication and mutual understanding. It is sad that language has become the source of discord between Telugu-speaking peoples of different regions. Someone said, Britain and the US are two nations separated by English language!
Clearly, we all need to do a lot to bridge this gap, and remove the sense of discrimination and alienation. The government should use all its leverage to promote diversity in culture and dialect. But the media, popular art and literature have a far greater role than the government and politics in recognizing and respecting local cultures and dialects. Lok Satta has generally not ventured into issues which are largely beyond state control; because our core area of concern is governance reform and fulfillment of human potential. But we should recognize that often social or cultural challenges find expression in the political arena, and we have to deal with them with integrity and fairness.
I urge all friends to help amicably resolve the crisis Andhra Pradesh is facing. Poverty, unfulfilled potential, avoidable suffering, hunger, disease, unemployment and corruption - all these scourges are non-denominational. In combating these humongous problems, we need to keep in mind at all times that we are all brothers, and we share a lot more than the small differences that keep us apart.
Hatred, prejudice, arrogance, exploitation, and plunder in all forms should end, if we claim any semblance of humanity. At the end of the day, as individuals we all perish. But our society and civilization will live on. We need to cherish our diversity, even as we promote national unity. As a student of biology, anthropology and history, I find it impossible to harbour prejudice against any human being on grounds of caste, region, religion, language, or race. Even nationality cannot be source of discord in a civilized world. Too many of us are swayed by the swift currents of emotion. What we need is the placid calm of the deep high sea.
I urge all friends to vigorously debate these issues. But at all times we need to talk to each other, not shout at each other. We need to respect diversity of opinions without being judgmental. Above all, we need to recognize that beneath the veneer, we are all one, and we share common goals and aspirations. I am sure frank exchange of views and reasoned debate will help us bridge the unfortunate chasm that has developed in recent times between well-meaning and compassionate people speaking the same language and proudly sharing the same history and culture. A satisfactory solution to the vexed problems plaguing us can be found if we are patient and fair to each other.
- Dr.Jayaprakash Narayan
 |
