Tuesday, August 23, 2011

Lok Pal bill is monitoring authority

Naresh Kumar Sagar<>
Lokpal mean Public authority meant to be the monitoring and intervening authority who keeps an eye if all is not well in democracy and in case of any authority not doing their duties or deflecting from their democratically established paths has to undergo through the advise of the Lokpal authority to put all authorities under check at all circumstances.Lokpal bill must ensure that all Public post and authorities needs to have Monitoring committee and all democratic institutions must have an autonomy and their monitoring authorities must be from the civil society which ensures the democratic set up and governs or runs the institution and its chief with due diligence without any ulterior or biased motive needs to ensure that the system works for the welfare of masses and all classes .Those not following the due diligence and found to be indulging in corrupt practices needs their ouster.Corrupt officers need not to be jailed or given harsh punishment because an early check will ask them to quit their jobs as it is practiced all over the world when found in any illegal or corrupt practices they are asked to quit from Public life.For those officers DM,SDM,LT Guv,Guv and Commissioners etc who are found to be not fulfilling their duties or are found to be deflected from their paths of governance and fulfilling their personal greed: Indian democracy where Public is Supreme as after the term of parliamentarian expires go to the public to seek their appointment is the final resort so when any matter take the shape of National importance then it must have the Public Referendum which is solely missing from our constitutional jurisprudence and we need to re-look on this stand as all levels of chief administrative post needs to be have civil society Monitoring Committee to act as intervening authority as watchdogs: Janlokpal with NO Right to Recall corrupt Lokpal clause" asked for suggestions on what can stop Lokpal from becoming corrupt.And we True Recallists requested them to add RTR-Lokpal clauses. Anna and Company refused to add RTR-Lokpal clauses in their Janlokpal draft. Their refusal exposed them before activists if not public. Please request Team Anna to be True Recall by asking them all to add RTR-Lokpal clauses and raise demand of RTR-PM, RTR Supreme Court judges, RTR Reserve Bank Governor etc demands.Salient features provided for the Lok Pal bill is not adequate as the important terms such as definition of Corruption, transparency. accountability. dereliction from duties and other terms needs to be defined from the civil society point of view for the well being welfare scheme for the poor rural and downtrodden to reach its end level.Provision of Public Referendum,Public trial and Public committees needs to be defined in the interest of civil society to act as watch dogs from Local- city and district to national levels.Janpal Lok Pal Bill is of the people,for the people, by the people, in order to gain fruits of democracy:Posted by Nksagar
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Showing posts 1 - 19 of19-Nksagar-“Europe Germany New Delhi,Agra-Since: Jul 07-
New Delhi
Apr 17, 2011
Nksagar
Anna Hazare said Parliament supreme
Reports appearing in Press that Anna Hazare today said Parliament was supreme and would accept its decision if it rejects the Lok Pal Bill thus diluting the law-Lok Pal bill is monitoring authority by civil society to which one must understand: Monitoring authority does not become supreme as appears in some news items when authority deflect from their paths It is intervening authority at time of crisis:

debasis behera

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#2
Apr 17, 2011

the parliament and the law of the land is supreme and there should not be any scope of any rule by proxy. no one is pro corruption but that does not mean that some one would just come and blackmail by taking the issue of corruption.in my opinion even the formation of the joint group to draft the bill has started a bad precedence in India.
Nksagar

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#3
Apr 17, 2011

Ok
Nksagar

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#4
Apr 18, 2011

http://in.news.yahoo.com/blogs/opinions/many-...
Naresh Kumar

Delhi, India

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#5
Apr 21, 2011

Till Month back Penta tem could not muster media but now media top story of their actions and inactions
Naresh Kumar

Delhi, India

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#6
Apr 21, 2011

Thats show their strength in Branding and marketing and hope the product do not get fused
Naresh Kumar

Delhi, India

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#7
Apr 21, 2011

Lok Pal bill Civil society Members called Press for clarification but did not care to discuss the bill in Public a pity of those talking big

debasis behera

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#8
Apr 21, 2011

dear Naresh ,
the Jan Lok pal bill (not lok pal bill), per se is not bad as it aims to check corruption. However every bit of the proposed bill have to be examined . for example, it suggests that every person would have right to file a complain against bureaucrats or a politician. then what is the definition of a politician? ARE MP, MLA or who has contested an election is a politician? then what about the crook who identifies himself as a social worker (i am not saying people from an NGO ) who just collect money to facilitate a BPL card ? what about the local anti social who has never contested election but have worked for a political party so that he would be safe after his akka wins. what about a local Mafia who has given money to contest election so that his business (in their words) would just go on in future. dear the corrupt donot act alone. there is an interdependence among a group of people. each one is a part of a larger system.
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bharat

New Delhi, India

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#9
Saturday

Who is Aruna Roy??? where were she?? why came now?? why is she so hard on Anna?? Is she jealous?? we know her but this time she's acting like a puppet of Government..if u are really worry about people then join hand with Anna...it seems to me that Anna has prepared the food and u just want to eat......the person who speaks against Anna, he/she speaks against India.....
Nksagar

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#10
Saturday

debasis behera---http://nareshsagar.bl ogspot.com/2011/08/kejriwal-pa rliament-is-not-supreme-but.ht ml--alldetails-for-your-quest

Rationalist Hindu

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#11
Sunday


Judged:
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India is not Egypt. India is a stable democracy through its independent hystory , while Egypt never had democracy.

India does not need a Tahrir Square style revolution to solve its problems.

But pressure from civil society is a must to get a strong anti corruption law that will be applicable on the politicians. Why?

Politicians will readily make strict laws for doctors, or teachers or for private companies.
BUT THEY WILL RESIST ANY LAWS, LIKE LOK PAL THAT WILL BE STRICT TOWARD THEM AND STOP THEM FROM TAKING BRIBES.

So people's pressure in this case is very required.

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#12
Sunday


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Jan Lok Pal has some defects, like it gives lokpal powers to dismiss any public servent

Chapter 3: POWERS AND FUNCTIONS OF THE LOKPAL AND ITS OFFICERS
clause 6.c
"after completion of investigation in any case involving an allegation of an act of corruption, to impose punishment of dismissal, removal or reduction in rank against government servants after giving them reasonable opportunities of being heard".

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THIS EFFECTIVELY LETS LOK PAL OFFICER DISMISS PRIME MINISTER, DEFENCE MINISTER, NSA, DEFENCE SECRATORY

AND WHY IS THIS CLAUSE IN THE "functions of lokpal sub heading, SHOULDN'T IT BE IN THE "powers of lokpal sub heading"

This clause (6.c) needs to be revised (and relocated), to exclude PM, DEFENCE MINISTER, and other such posts important for national security.

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#13
Sunday


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Only the people (through parliament) should have the right to dismiss PRIME MINISTER, by a motion of no confidence. This is essential for a stable democracy. Anti corruption law should not compromise democracy.

Kahin Aisa no ho ki anti curroption ka laddu pakar ne jayen, aur pura democracy ka basket of luddus he hat se gir jaye.

Anna Hazare and Team Anna should pressure govt for open public debate. But they should not be so rigid so as to stifle any debate.

There should be balance. Right now, anybody- politician or member of parliament, even seen opposing any clause of the Jan Lok Pal Bill (civil society version) is being seen as the devil. THIS IS NOT RIGHT.

BALANCE MUST BE RESTORED. Only then a fair dispassionate debate on the merits and demerits of every clause will be possible.

ANNA should do Anshan (fast) TILL government and eminient MPs like Kapil Sibal, Manu Sangvi, as well as Ram Jetmalani, Ravi shankar prasad and Arun Jaitly do a publicly televised debate with Shanti Bhusan, Prashant Bhushan, and other neutral Law experts, etc.

But Anna Hazare should NOT fast untill bill is passed. That will be very unfair, to the people of India, who deserve a well well thought out bill, not a hurried through bill of such importance.

Anna's Fast should be until open transparent (televised) clause by clause debate. Then let parliament vote freely in this session itself. or else he can go back to fast again against undue delay tactics. Parliament should even be extended, to pass Bill in this session itself.

debasis behera

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#14
Sunday


Nksagar wrote:
debasis behera---http://nareshsagar.bl ogspot.com/2011/08/kejriwal-pa rliament-is-not-supreme-but.ht ml--alldetails-for-your-quest

dear NKsagar,
thanks for your link. but unfortunately i could not open the link . please give the link again.

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#15
Sunday


Rationalist Hindu wrote:
Jan Lok Pal has some defects, like it gives lokpal powers to dismiss any public servent
Chapter 3: POWERS AND FUNCTIONS OF THE LOKPAL AND ITS OFFICERS
clause 6.c
"after completion of investigation in any case involving an allegation of an act of corruption, to impose punishment of dismissal, removal or reduction in rank against government servants after giving them reasonable opportunities of being heard".
----------
THIS EFFECTIVELY LETS LOK PAL OFFICER DISMISS PRIME MINISTER, DEFENCE MINISTER, NSA, DEFENCE SECRATORY
AND WHY IS THIS CLAUSE IN THE "functions of lokpal sub heading, SHOULDN'T IT BE IN THE "powers of lokpal sub heading"
This clause (6.c) needs to be revised (and relocated), to exclude PM, DEFENCE MINISTER, and other such posts important for national security.

SORRY ALL !

After reading the Jan Lok Pal bill again, my objection has been resolved. I had missed the defination of 'Govt. servant' and 'public servant'.

"Chapter 1: Priliminary-
2. Definations,
(g)“Government Servant” means a public servant, who is not an elected representative or a judicial officer."

This very explicitly excludes PM, All Ministers, MP and MLA, and even MLAs and others who are elected etc, from clause 6.c (chapter 3), and can not be dismissed by lokpal itself.

Again My bad, humble apologies.
Nksagar

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#16
Sunday

Naresh Kumar Sagar
Jan Lokpal Bill needs to be purely people body with inherent powers with people not within system-

debasis behera

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#18
14 hrs ago


Nksagar wrote:
Naresh Kumar Sagar
Jan Lokpal Bill needs to be purely people body with inherent powers with people not within system-

please explain what you want to say sir. though you have answered to another esteemed writer,i have just asked you to know more about your idea.
Nksagar

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#19
11 hrs ago

Jan Lokpal Bill needs to be purely people body with inherent powers with people not within system-monitoring authority all-levels

Rationalist Hindu

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#20
10 hrs ago


Nksagar wrote:
Jan Lokpal Bill needs to be purely people body with inherent powers with people not within system-monitoring authority all-levels

Agree. The Institution called 'Lok Pal' should be an autonomous body like the election commission of India, and the supreme court.

It should be financially independent, and parliament / politicians should not have powers over it to remove / replace / appoint lok pal chairman and members on their own.

Most of all politicians should not be the ones who appoint lok pal members, or they will only get their own chamchas into office.http://www.topix.com/forum/in/new-delhi/TDRSJKJRO5J8AKD6A#c19

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