Talking about Anna Hazare, corruption, spirituality, religion, civil society, livelihoods, and democracy; Just how much snark is good for you?
Now that a 72 year old man is not fasting unto death, skeptics feel emboldened to snark at the spiritually slanted and RSS tinged anti-corruption protests initiated by those obnoxiously self righteous civil society types and embraced by those jingoistic roly-poly urban middle class couch potato types.
Did you know Wikileaks...
Did you know these ten facts about Wikileaks and its founder Julian Assange?
How do you solve a problem like tobacco?
I am in favor of drug rehabilitation programs, government regulation and social experimentation with prevention tactics to find the most effective ways to help people eschew harmful substances like alcohol, cigarettes and drugs for life from a young age.
Sexism and Indiblogger.in
I spent a couple of hours battling sexism that was unearthed during a debate about making policy to protect members from plagiarism at the Indian blogging community site, Indiblogger.in yesterday.
Live Blogging Sarah Palin's India Today Conclave 2011 Speech
"We are connected with so much in common." looks down to find out what. Palin disses all the bureaucrats attending leadership conferences...like the people sitting in front of her. Boom. Nikki Haley name drop! Drink! 5 Questions Palin was not asked: No.5 Why are you here?
Showing posts with label Policy. Show all posts
Showing posts with label Policy. Show all posts
Thursday, September 15, 2011
Wednesday, August 17, 2011
Parliament and the People: Is the Janlokpal protest unconstitutional?
7:40 PM
Pundit
Image 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
6:54 PM
Pundit
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.
Saturday, August 13, 2011
Thursday, August 4, 2011
Summary Highlights of the Lokpal Bill 2011
12:49 PM
Pundit
Image via WikipediaChapter 1: PreliminariesChapter 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.
- Lokpal may constitute a prosecution wing and appoint a director of prosecution who will file a complaint in the SC.
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.
- (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.
- (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.
- ensure completion of trial in one years or by written reason, by 3 month extensions, in 2 years
- 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.
- Special Court may order recovery from beneficiaries proportionately.
- Lokpal prepares budget, Central Govt grants, CAG audits, annual report tabled in Parliament.
- If any officers do not submit or willfully mislead, assets shall be presumed acquired by corrupt means.
- 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.
- (1) no case against acts of good faith and duty.
- (2) time limit of seven years.
Insights
(1) PM, judiciary, forces, junior officers not under Lokpal jurisdiction.
(2) MP vote bribery not under Lokpal jurisdiction.
Saturday, July 30, 2011
Government of India, Here: How May I Help You?
5:32 AM
Pundit
Image via WikipediaGovernment to People of India: Speak as long as nobody is listening.Government to NGOs: Do your thing as long as small potatoes stay small potatoes.
Government to Industry: What do you not want in this bill?
Government to Opposition: You are the devil.
Government to UN: Have a cup of tea.
Government to World Bank: Thanks for booking my flight to D.C. I hope the hotel is walking distance from the conference.
Government to Think Tanks: Yes, I am free to speak at IHC on Wednesday.
Government to Consultancies: Is the power point ready?
Government to Academics: Do you want to do a study for the Planning Commission?
Government to Women: Stay home.
Government to Religious Leaders: What should I do?
Government to Voters and Taxpayers: Kthxbai
Government to Media. Come here, sweetheart. I have news for you.
Thursday, July 28, 2011
Is Lokpal a Jokepal?
10:07 PM
Pundit
Image via WikipediaThe opposition party took a stand today in favour of the inclusion of the Prime Minister under the ambit of the Lokpal. India Against Corruption is actively planning activities and events across the country for the first half of August. Anna Hazare and team reject the approved government draft which excludes the PM and judiciary. Arvind Kejriwal quotes media polls to demonstrate public support and explains the Janlokpal he envisions is equivalent to taking the anti-corruption branch of the CBI out of the control of government. Meanwhile, some continue to pooh-pooh the India Against Corruption movement. Are you ready for a fiery Pundit Comment rant? [P.S. I insist you take the time to peruse the content filed under "Anna Hazare" label if you are not familiar with my on-going reportage and commentary on the evolution of this national debate.]My challenge to non voters commenting on Lokpal Bill: Take a look at my options and please tell me whom to vote for next election. #kthxbai
So, you rail against the education and criminal background of our MPs and MLAs but then harangue people trying to change the system? Useless hypocrites.
Who the hell are you, mocking and insulting Dr. Manmohan Singh everyday to tell Kiran Bedi how she should feel and speak? Useless hypocrites.
Why don't you fight from within the system like Kiran Bedi, Kejriwal, Bhushans and yes, even the NAC members do? All voters, all residents.
How do you think the NAC members got appointed? Whatever you may think of their views, N.C. Saxena, Harsh Mander, Aruna Roy are clean and honest.
Go read Kiran Bedi's autobiography. It's titled "I Dare!" WITH the exclamation mark. Do you think you could name your biography "I Dare"?
Read up on MSSK, Aruna Roy, Anna Hazare, Arvind Kejriwal and the RTI act you all love now before you say "nobody can be that benign".
Speculative mistrustful ignorant cynicism will not get you 10% GDP growth rates and full employment either, you know.
Irony of ironies. You don't even vote. Explain your unshakable faith in the electoral process, please. Pfft. Ignorant, useless hypocrites.
Never doubt that a small group of thoughtful, committed citizens can change the world; indeed it's the only thing that ever has. ~ M. Mead
Do you comprehend the Margaret Meade quote at all, even an iota? It means doers gonna do and haters gonna hate. And you're a hater. Some idiots like the New York Times are still choosing to frame India's future as a choice between corruption and socialism. Haters.
Do you even understand why Indians are fed up with NDTV & CNN-IBN, suave as they are? We don't want sensationalist Headlines Today and inexperienced NEWS-X either, please. Learn the name Cenk Uygur. Go find out why he turned down a cushy job at @MSNBC to run his own truth telling enterprise on the internet @theyoungturks. Why do you think @ndtv sources programme ideas from @twitter? In a world of free information flow, the voice of the people matters!
I extend an open invite to everybody sitting in Singapore, Canada, USA, UAE. I'll buy you an orange bar if you can find a politician on the ballot who represents me.
When you know what it takes to get a ticket from a party with a viable chance of getting elected, please explain your faith in elections.
When you know what happens to the stray non profit or professional contestants with no political links, please explain your faith in elections.
When you know what resources are available to whichever party is in power to shower constituencies with Rs. and favours just before elections, please explain your faith in elections.
It take decades to build up a new, tiny political party. What chance does anybody not with Congress,BJP & regional powers have NOW?
YOU think nobody is that benign. YOU think activists only want power. Did YOU ever HEAR India Against Corruption say they want power? Did you miss Kiran Bedi's tweet comparing the Janlokpal bill to a baby that has been safely delivered the day both drafts went to Cabinet?
You're watching our top 2 parties shame India EVERY F%^&*Iing DAY. Chal, aaj meri baari. Kal, teri baari. PLEASE EXPLAIN YOUR FAITH IN ELECTIONS.
JOKEPAL is right. Pal, YOU are the JOKE.
Harvard economist Dani Rodrik thinks emerging economies, not the West are going to be badass. Gee. I wonder who in India is badass? Clearly, you know very little about the UN-World Bank-Think Tank-NGO-Consultancy scene in India (read: Delhi) if you don't value people like Aruna Roy, NC Saxena, Arvind Kejriwal, and Kiran Bedi.
The equation goes: Regional media ==> policy. English media ==> entertainment. Give Times Now credit for making a mark and taking a lead.
You have the luxury of amusing yourself with the politics of my country.
You cannot change a system if the people holding up the system do not wish so. Work on removing those people today to change tomorrow.
Laws and rules are made to be twisted by man. Scams go on for years because government works on the discretion of the person occupying the seat.
Who is naive? The person proposing and fighting for change or the person holding out faith the status quo will *poof* change on its own?
You don't get nothing you don't fight for. Either help or get out of our way.
Thank you for lending a ear, and for your responses and retweets.
Now, give my ear back, please! RT @PunditComment: Thank you for lending a ear, and for your responses and retweets.
Thursday, July 14, 2011
Monday, June 20, 2011
Thursday, June 9, 2011
Wednesday, June 8, 2011
Day 7: Team Anna Armchair Activism #ramdev #ramlila #lokpal #annahazare
1:50 AM
Pundit
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| India Against Corruption: Team Anna.(including Kiran Bedi, Shanti Bhushan, Prashant Bhushan, Swami Agnivesh, Anna Hazare and Arvind Kejriwal) Photo source: Janlokpalbill&Anna Hazare Blog |
Sunday, June 5, 2011
The Baba Ramdev / Anna Hazare / (UPA) Government of India Debate
10:10 PM
Pundit
 |
| It takes very little to undo a lot. Photo source: NDTV |
The great debate with Indians in India and abroad: Baba Ramdev / Anna Hazare / (UPA) Government of India. What a marathon 24 hours. Twitter rules!
Day 4.Night.Day5: Anti-corruption Lokpal Bill Armchair Activism #ramdev #teamanna #janlokpal #ramlila
5:31 AM
Pundit
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| Source: Deccan Chronicle |
Update: I've been tweeting non stop from 2am-12pm IST Sunday. Twitter has locked me out for several hours for exceeding the maximum allowed status updates.
Saturday, June 4, 2011
Friday, June 3, 2011
Thursday, June 2, 2011
Wednesday, June 1, 2011
Renuka Chowdhury debates Team Anna (Kiran Bedi, Prashant Bhushan) on Times Now...badly
12:15 AM
Pundit
| Outlook |
Man, I sure hope Renuka Chowdhury does not speak for the UPA government. She is an embarrassment. Is Prashant Bhushan "pessimistic" for talking about corruption in India on national tv? Is Anna Hazare "pessimistic" for trying to create a strong effective independent corruption fighting Ombudsman (Lokpal) who will not be held back by the complexities of red tape and multiple political masters?
Image via WikipediaTuesday, May 31, 2011
Support for Anna Hazare pours into Twitter @janlokpal and @thenewshour and @firstpostin
4:45 PM
Pundit
 | ||
| Hopey-changey candles at India Gate celebrating the end of Anna Hazare's fast |
Monday, May 30, 2011
Prashant Bhushan and Arvind Kejriwal: "If PM, judiciary, MPs, armed forces and junior civil service officers are out of Lokpal scrutiny, who is left?"
6:30 PM
Pundit
 |
| Photo by Rajeev Bhatt/The Hindu |
The government's vision for the Lokpal Bill seems to be vastly different from that of the civil society and yet, after 40 years, we still don't exactly know or understand what that vision is!
We need a national poll to determine the public mood. Should the civil society representatives compromise on one thing, something or everything? Should they let the bill be drafted as per the wishes of their government counterparts? If that's what we wanted, why were we supporting Anna Hazare's fast a mere 6 weeks ago.
Why is the government testing the patience of the population? How out of touch are they? Can I start a recall petition? The government may well end up provoking another citizen agitation with this careless arrogant attitude.
This work by Pundit Commentator is licensed under a Creative Commons Attribution-NonCommercial-NoDerivs 3.0 Unported License.
