Sunday, August 28, 2011

NDTV closes Anna's second fast with a good gathering - "We the People Must Stay Engaged with We the Elected"

Saturday, August 27, 2011

India Against Corruption Photo Gallery from Saturday, August 27th at Ramlila Maidan


Anna Hazare: "We have only won half the battle."

The spirit was infectious. The crowds were well-mannered and orderly. Not to mention enthusiastic and vocal. "Every section of society is here", noted a young boy walking past. "Babu-ji, dekhna, Anna-ji ki jeet hogi", insisted a white haired toothless man. The police was calm and pleasant. I may have missed Aamir Khan but I did meet Dr. Naresh Trehan who assured me Anna Hazare was fine. The crowds cheered and clapped with hands over heads when it was announced the Parliament would finally take a voice vote. Anna Hazare has lost 7 kilograms in 12 days but the protest is far from over. Indian politics will never be the same again.

Photo Gallery: http://www.flickr.com/photos/62586236@N02/sets/72157627530370188

Tuesday, August 23, 2011

A time to talk. A time to do.

Anna Hazare - DelhiImage by vm2827 via FlickrWhile many are coming round to the view that a wider consultation is necessary to fend off a terrible government bill, Anna Hazare is in no mood to allow the government to waste any more time.

If the government does not show sincerity now, this situation is likely to spiral out of control. Despite appeals from Justice Hegde and others to stop his fast, Anna Hazare is in no mood to relent before his mission is completed.

Reminder: Anna Hazare is only asking for the government to introduce the Janlokpal draft in the Lok Sabha.

Friday, August 19, 2011

Reporting with a difference: a NDTV Interview and a Times Now NewsHour Debate

Thursday, August 18, 2011

Corruption in India: The Premise We Cannot Pretend to Ignore

Overview of the Corruption Perceptions Index (...Image via WikipediaThis is a guest post by SCT discussing the substantive issues and contextual approach towards drafting multiple versions of the Lokpal Bill which guides on the question of including the PMO, Judiciary, Members of Parliament and junior officers in the ambit of the Lokpal or not.

There are three drafts on Lokpal bill coming in public domain. I do not to wish to go into details as the drafting details can be taken care later on if we are clear about the substantive issues to be tackled.

The popular perception is that corruption at high places of executive, legislature and judiciary has reached unacceptable levels and people at the top level of all the three wings of State are unwilling or unable to do anything. Recent examples of the PM office coming in disrepute over several large scams, Ministers or equivalent directly found prima facie accused of mammoth corruption, eight former Chief Justices accused of corruption in a petition before the Supreme Court, Parliament accepting shameful act open bribing on issue of "No Confidence", have made informed persons desperate.

Corruption has entered every institution and every walk of life and people feel that it flows from top. In such a situation, we have to have a mechanism for dealing with corruption by PM or his office, as also the corruption in higher judiciary particularly in the various High Courts.

If this is accepted, the drafts can be examined and seen as to which is most appropriate or that another draft with parallel bills for Judicial Accountability and Codification of Parliamentary Privileges be taken up. The problem is neither in drafting nor in any constitutional infirmity, it is in some of these "highest vested interests" agreeing to be treated on par with others and subject themselves to independent scrutiny.

The guest author is Shri S.C. Tripathi I.A.S. (Retd 1968) L.L.B. M.Sc. He takes an interest in education, economy, energy, legal, political and constitutional issues. This is his third blog.

Wednesday, August 17, 2011

Parliament and the People: Is the Janlokpal protest unconstitutional?

The Indian Constitution preambleImage via WikipediaThis is a guest post by SCT in which he shares a legal opinion on the sovereignty of parliamentary procedure for law-making in a free and functioning democracy.

There seems some confusion on two related issues, namely that the protest of Anna and team is unconstitutional and that Parliament is sovereign so when the bill is before Parliament all public action should cease.

Both the arguments are flawed. These arguments have validity only when an overwhelming number have full faith in these institutions. But these are not normal circumstances.

Firstly, the Parliament is neither Sovereign nor Supreme. The People are Sovereign as the opening lines of Preamble of the Constitution state clearly.

In modern times, large countries can not have Government by the People and that is why the Parliaments and Elected bodies legislate on behalf of the People and elect the Executive in a Democracy. But if they become dysfunctional, People have every right to protest peacefully so that the Parliamentarians can gauge the will of the People and one does not have to wait for the end of the tenure of the House.

It also implies that once elected, the Parliament or the legislators can not ignore the will of the People and become totally self-serving as is the common perception at this point on the issue of tackling corruption. We have seen how debates in Parliament on the issue of "No Confidence" can be won or lost by offer of bribe that was left shamefully unsolved by the Parliament forcing the Supreme Court to intervene.

On so many issues in the past, various groups have taken out processions and protest marches even while the bills are pending in Parliament. The most glaring example is the Women's Reservation Bill that has been with the Parliament for nearly a decade but whenever a discussion is planned, some interest groups threaten agitation and everyone in Government and the Parliament develops cold feet.

So, neither the Parliament is Sovereign nor a protest over any bill that is pending, unconstitutional. Even technically and constitutionally, the Sovereignty under Indian Constitution is not located in any single Institution at all time.

Now, on the second issue as to whether an agitation or fast is unconstitutional, I would only say that the question is absurd in a Democracy. Yes, conditions about the place can be imposed but not on numbers and days. If at any stage, there is commission of crime or violence or apprehension thereof (such as on later days of a fast unto death), the enforcement agencies deal with situations everyday and are expected to take legal action with which all are familiar.

The present situation is not a normal happening, it has to be taken as an abnormal situation because corruption has affected almost every person and he has felt helpless till he saw Anna's movement. A quick solution based on consensus and not on "smart" handling, is necessary.

The guest author, SCT, is Shri S.C. Tripathi I.A.S Retd. (1968) L.L.B. This is his second blog.

This Moment in the Movement: Beyond Lokpal Bill 2011

Detail from Corrupt Legislation. Mural by Elih...Image via WikipediaThis is a guest blog by 'SCT' in which he shares his thoughts on the India Against Corruption movement and offers a way forward on national anti-corruption policy issues.


The public support to Anna Hazare is not necessarily a vote for Janlokpal bill. It is an expression of wide scale resentment about the corruption that pervades all institutions and walks of life and has corroded the essentials of these institutions.

It is also an expression of disgust people feel over the inability and incapacity of the Government to take any effective measures. In fact the popular perception is that those who have to act are the ones benefiting from this sorry state of affairs.

The least Government could do was to read the mood of the people and present a bill giving more teeth to the Lokpal e.g. bringing PM and higher Judiciary under its ambit.

Also, the time has come to bring Electoral Reforms, at least those provisions that many Election Commissions and Law Commissions have recommended in the past.

Government must now introduce a bill for these reforms as the electoral process is the fountainhead of corruption.

The guest author, SCT, is Shri S.C. Tripathi I.A.S. Retd (1968). He takes an interest in education, economy, energy, legal, political and constitutional matters. This is his first blog, guest or otherwise.

Tuesday, August 16, 2011

The vision of India Against Corruption: the choice is yours

A representation of the Lion Capital of Ashoka...Image via WikipediaLook. The choice is yours. You can allow the country to fritter away this opportunity to tackle systemic corruption if you get distracted.

To me, the fight against corruption defines everything we should stand for. We should welcome every citizen, even ex-bribe takers and givers.

This is the moment to show the government they cannot take us all for granted, supporters or non-supporters of UPA, whatever we may be. Please demonstrate your wisdom by not allowing anyone to divide you on religious grounds. There is no such hue in this movement. Remember this. Try to understand the games those in power play with you. The government wants to shift the discourse away and sweep it all under a rug. Please don't assume you know how IAC supporters vote. OK?

It is beyond ridiculous to twist yourself into knots trying to find an intellectual argument against a people's uprising in a free democracy. You may not feel the same way but pouring scorn on the sentiments of fed-up protesters doesn't show you in a great light, now does it?

I see a lot of people are unable to make the link between IAC movement brought to you by RTI activists and the death of RTI activists like Shehla Masood (@shehlamasood) in Bhopal today.

IAC movement is not just about one bill. The whistleblower bill is also under consideration in Parliament. The system does not protect truth tellers. If you allow yourself to ignore the brute politics of the matter, you fritter away this ONE chance to change the direction of the country.

You need to know when and how to shift between macro and micro focus during a movement. This is a moment for the macro, not micro. Regardless of what you think of IAC, this is a moment to consider what the government is doing today with the citizens who elected them.

I ask you again, please tell me, which party should I vote for? Please come look at my ballot and help me pick a politician who represents me.

All of y'all can keep twisting and turning struggling to find a way NOT to give in and support the man you know you should have from day one.

The only people who oppose IAC are the government drunk on power and people drunk on ego who boxed themselves into a position early on.

Lets call a spade a spade, shall we? Anybody can voice support for me. That does not mean I support them back. Please unite, don't divide. If you are not with IAC simply because you don't want to be on the same side as "communal" parties, please dare to dream beyond the normal UPA-BJP ping-pong match.

Many have betrayed their illiberal streaks over all this. It's good to know who is truly for building a better India and who only outrage.

If you support the anti-corruption cause, I fail to see why you won't work with the IAC which is a multi-faceted team with a lawyer, a former law minister, a former cop, a former soldier, and a former income tax officer . You can engage them at any level you like.

IAC has been building a movement from the ground up accepting every gesture of support while clearly explaining they do not support back.

I am always wary of people who use big words that mean nothing in the real world.How is it anti-national to want to build a new clean India?

IAC has always asked "what do YOU, the people, want?" That is why Kejriwal immediately asked for a poll when the joint mtgs broke down. Aren't our elected reps, in a free democracy, supposed to be asking "what do YOU, the people, want?" Have u ever seen them in between elections? Have you ever even met the elected reps DURING canvassing? I don't happen to fall into anybody's votebank. So I never have.

If you want to change the system tomorrow, you have to remove the people who won't let you do it today.

We are stuck in a whirlpool. We go round and round with our two top national parties. How do we jump out before we slip down the drain?

So many of us want to do something meaningful with our lives. We don't know where to direct our effort so that it will not be wasted. If the people who are not interested in taking up arms find a unique proposition to channel their energies, why would anyone stifle them? There is nothing academic about this moment in time. With every presser, I'm more amazed that the government is so clueless.

Why is it necessary for you to run down IAC which is trying to build a public movement? You can do whatever else you like for the cause. Why is it necessary for you to mock and taunt IAC for trying to speak to different parts of the country through visuals and slogans? Why can't you just understand they are not speaking to you, the well heeled urbane set, the way you understand it when politicians do it? How can you allow yourself to get distracted so quickly and forget all about the previous misdeeds of govt for random hypotheticals?

Twice now, the government has cracked down on peaceful protesters who REMAIN peaceful. Yet, you still side openly or implicitly with them.

Think about it. If you oppose everyone on the scene, who are you supporting? Where are your energies directed? Anything constructive?

What chance of success do you think any other anti-corruption campaign will have if we allow the govt to neutralize this one? It's all very well to take up your own counter IAC anti-corruption campaign. Go right ahead. Just know you won't get very far. There are so many of us who are intelligent or energetic or care enough to start ngos or movements. But we lack the grassroots connect.

Please try to remember that till date, govt has not explained just WHY PM and judiciary and MPs and junior IAS officers cannot be investigated. Any Income Tax officer can issue notice AND penalize any judge. The Lokpal investigating officer (of either draft) does not even have the power to impose a penalty. He can only submit a report.

Look. I've said it before. I've worked in non profit. I've worked in government. I saw very little impact of my work. I see a chance here. From research to program design to implementation to monitoring to evaluation to output to actual freakin' IMPACT. I see a chance here.

By the way, did you know that there is a time period expiry of 7 years to bring up a case from the time of corruption in the govt's Lokpal?

To all constitution lovers, I'd like to check with you. The constitution is still man's law, not nature's law, right?

The constitution is a piece of paper written by the learned men of that time based on prevailing notions of justice and fairness and equity.

I really resent anybody calling peaceful protesters who are trying to raise the moral consciousness of society through fasts "anarchists".

If Anna Hazare is an anarchist, what is Arundhati Roy? If Anna Hazare is an anarchist, what is Dr. Binayak Sen? If Anna Hazare is an anarchist, what of people vying in the past or present for an independent state in UP, MP, Bihar, AP, Kashmir? IAC wrote letters. IAC met with government. IAC managed to get the anti-corruption bill in Parliament after 41 years. Everything was and is peaceful.

I really worry for the people who think nobodies coming together to raise an apolitical voice against corruption is "anarchy".

If you have no use for the voices of the people, I have no use for you. I am not interested in anything said by people who make a living out of railing against the regime but dismiss popular apolitical opposition.

A lot of people have a very narrow understanding of events because they see things as they are. The rest of us see things as they could be. The word you're looking for "vision".

Saturday, August 13, 2011

To Kill a Mocking Tweet: A reply to those who taunt Anna Hazare, Janlokpal and IAC

Thursday, August 4, 2011

Summary Highlights of the Lokpal Bill 2011

The Symbol of Indian Rupee approved by the Uni...Image via WikipediaChapter 1: Preliminaries

Chapter 2: Establishment of Lokpal
  • Composition: Chairperson who is ex-Chief Justice of India or a Supreme Court Judge + not more than 8 members 50% of whom shall be judicial members.
  • Member eligibility: not less than 25 years in anti-corruption policy, public administration, vigilance, finance, law, and management.
  • Member shall not be MP/MLA, connected to any party, trust, profession or business, must quit all before taking oath of office to join the Lokpal.
  • Selection Committee: PM, Speaker, Leader of Opposition, Cabinet Min, SC Judge, HC Judge, one jurist, one eminent person.

Chapter 3: Investigation Wing
  • Lokpal shall constitute an investigation wing. No investigation by any officer below the rank of Deputy SP.
  • Lokpal may, before holding any inquiry, by an order, require the investigation officer to make a prelim investigation.
Chapter 4: Prosecution Wing
  • Lokpal may constitute a prosecution wing and appoint a director of prosecution who will file a complaint in the SC.
Chapter 5: Expenses of Lokpal to be charged on Consolidated Fund of India

Chapter 6: Jurisdiction in respect of Inquiry
  • ex PM only, (ex) CabMin, (ex) MP, any Group A officer public servant, officer of any trust financed by government...provided that this shall not apply to any society or person or trust constituted for religious purposes.
  • Lokpal shall not investigate any allegation of corruption relating to any speech or vote of any MP.
Chapter 7: Procedure in respect of Inquiry and Investigation
  • (1) prelim investigation must be completed in 30 days or by written reason, 3 months.
  • (2) Lokpal shall afford the public servant an opportunity to be heard.
  • (3) If not satisfied with prima facie case, case dismissed.
  • (4) If Lokpal refers the matter for investigation, upon completion and before filing chargesheet, public servant to be heard.
  • (5) Every inquiry, upon being satisfied with prima facie, shall be open to public provided that such may be captured in camera.
  • (6) Inquiries to be completed in 6 months or by written reason, 12 months.
  • Lokpal can pass order to safeguard documents and forward a copy of the complaint and relevant materials to the public servant.
  • Website of Lokpal shall display the status of # complaints pending and disposed by it.
  • If offence found, Lokpal may file a case in SC. The PM may table the report in Parliament.
Chapter 8: Powers of Lokpal
  • (1) Lokpal can authorise search and seizure of documents. Also, retain or copy and return.
  • (2) Lokpal has the powers of civil court.
  • (3) Can utilize services of any officer or agency of Central Government.
  • (4) Central Government shall accept recommendation of Lokpal except when not feasible for administrative reasons.
Chapter 9: Special Courts
  • ensure completion of trial in one years or by written reason, by 3 month extensions, in 2 years
Chapter 10: Complaints Against Chairperson, Members and Officials of Lokpal
  • Lokpal shall not investigate. Application to be sent to President of India.
  • President will seek opinion of Chief Justice of India. President can remove the chairperson or member and order initiation of prosecution.
  • Lokpal will investigate allegations against officials of Lokpal, not members or chairperson.
Chapter 11: Assessment of Loss or Recovery by Special Court
  • Special Court may order recovery from beneficiaries proportionately.
Chapter 12: Finance, Accounts and Audit
  • Lokpal prepares budget, Central Govt grants, CAG audits, annual report tabled in Parliament.
Chapter 13: Declaration of Assets
  • If any officers do not submit or willfully mislead, assets shall be presumed acquired by corrupt means.
Chapter 14: Offences and Penalties
  • Frivolous complainants shall be punished for a term not less than 2 years and up to 5 years + fine not less than Rs. 25 k up to Rs. 2 lakh.
  • If convicted, Supreme Court may order frivolous complainant to pay compensation to public official in addition to legal expenses.
Chapter 15: Miscellaneous
  • (1) no case against acts of good faith and duty.
  • (2) time limit of seven years.
Read the full official text courtesy of PRS here.

Insights

(1) PM, judiciary, forces, junior officers not under Lokpal jurisdiction.
(2) MP vote bribery not under Lokpal jurisdiction.

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