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last activity : 08 29 2011 09:32:49 +0000
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Three demands put forth by Anna to end his fast, viz., (1) inclusion of lower bureaucracy under the ambit of Lokpal; (2) Citizen Charter; and (3) uniform Lokayukta in the lines of Lokpal. Why they are necessary in the current context of agitation.
All the above provisions have a direct bearing on a common man, the last mile citizen of this country. They saw in Anna a crusador to take their voice to the law makers. Rampant corruption exists and slippages are more and all the government servants are protected under Article 311 of the Constitution, which, inter alia, suggests: "(1) No person who is a member of a civil service of the Union or an all India service or a civil service of a State or holds a civil post under the Union or a State shall be dismissed or removed by a authority subordinate to that by which he was appointed (2) No such person as aforesaid shall be dismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges Provided that where it is proposed after such inquiry, to impose upon him any such penalty, such penalty may be imposed on the basis of the evidence adduced during such inquiry and it shall not be necessary to give such person any opportunity of making representation on the penalty proposed."
Here, interestingly, if a government servant had a right to hold the post or rank under the terms of any contract of service, or under any rule, governing the service, then the termination of his service or reduction in rank amounts to a punishment and he will be entitled to protection under Article 311. Articles 310 and 311 apply to Government servants, whether permanent, temporary, officiating or on probation.
Citizen Charter demand is not unusual if the Government wants to improve the service capability of the Government Servants with penalties, if they fail to act as per timelines. If you look at the provisions of the Service Industry who enter into contract with the Government Departments, they ask for very strict "Service Level Agreement" with "Escalation Matrix". They also demand penalties on "time-over-runs" and "cost-over-runs". Every third-party who are rendering service to the Government Departments are forced to go through this rigmorale. At times, they are forced to go through hardships by withholding payments for the piece of work that got delayed, etc. Why not they follow similar stringent SLA as a Citizen Charter. Here, in this case, the Government should consider amendment of Constitutional provision which provides safeguards to civil servants. This point is a debatable point.
As regards the third point, Uniform Lokayukta (18 States are having Lokayuktas now, but some are effective and many are ineffective). No political party would like to succumb to Lokayukta recommendations. We all know the recent case of CM of Karnataka losing his job based on the Lokayukta's recommendation. Again, the Government will argue that this will disturb the Federal Structure. On the contrary, since this subject is under "Concurrent List", Rajya Sabha can take a view on this taking the larger views of public consensus on this subject.
POINTS TO PONDER OVER:
All these provisions are okay. Who will maintain the "sanctity of Lokpal"? The big questions, one may ask,are: (1) Would they really enjoy the autonomous statutory status eternally? (2) What is the guarantee that they would not be subverted by the future governments? (3) Election Commission, CAG, CVC, etc are constitutional statutory authorities. We saw in the past, how best the institution of Election Commission functioned under the hands of T.N. Seshan, deteriorated gradually. Are they free from political interference? (4) What if the stakeholders in the Lokayukta colludes with the political class in future? (5) Even Supreme Court's orders are violated by the States and the Centre. They come up with a number of excuses that suit them, at times. There are many issues which are required to be tackled.
Here, enforcement is the key. Do they have it in them to enforce the enacted law? What is the guarantee that this institution would not be degenerated gradually? Constant public pressure is the only way to maintain the sanctity of this institution, if formed.
However, this is just a new beginning. At last, peoples' voices are heard by the law-makers. We have to wait and watch do they really convert them into outcome!
At least there should be a strong Lokpal Bill covering the important factors. To me Anna seems to be adamant in nature.
Whatever seems to be important to him or his associates should there be in bill that is the reason he is not breaking his fast and I think blackmailing the government.
12 comments on "Anna Hazare's 3-sticking points - how legitimate are they?"
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SHRIKANT MANOHAR DANKE, Project Manager, Phadnis Infrastructur Ltd
| 08 29 2011 09:32:49 +0000
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| 08 28 2011 10:06:34 +0000
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| 08 27 2011 14:28:40 +0000
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