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Activity:  12 comments  288 views  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!
 Top Comment : Rathin Deb   | 08 26 2011 10:15:19 +0000
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?"
  Commented by  SHRIKANT MANOHAR DANKE, Project Manager, Phadnis Infrastructur Ltd    | 08 29 2011 09:32:49 +0000
A good initiative from Anna Hazareji. We all should support this noble cause.
Thanks for referral, Muralidharanji.
  Commented by  S. Muralidharan, Head, Project Planning/Strategy, Knowledge Foundation    | 08 28 2011 10:06:34 +0000
At last, the three contentious points were adopted unanimously in both the house of parliament.  In the hindsight, it looked so abominable and shaky from outside and bringing the consensus in the Parliament was considered totally impossible, as the politicians had a feeling that the civil society is trespassing into their domain.  The jig-saw puzzle to garner one-upmanship by both the ruling party and the opposition citing various rules to bring this issue in parliament was a real moment of anxiety & joy, quickly converted into anxiety again for the Anna team were told that the voting for resolution would not take place but in the end instead it got converted into celebrating moment.  The master stroke of politicians will be remembered for ever as they have shown utmost responsibility cutting across party lines extending solidarity for a cause to uphold the parliamentary democracy on the one hand and extending fair amount of support to save the life of Anna Hazare at the time when his health condition was actually deteriorating after 12 days of fast. There is a ray of hope in the citizens of this country that every citizen would be watchful in every formation of Bill or Act in the parliament in future.  Cynics and critics would say that this is a sheer black-mailing, but the reality is that every citizen is rendered helpless in the hands of politicians who were displaying hegemonism in every act of theirs.  A lot more needs to be done, we have to wait and watch! Finally, a sense of good will prevailed!  
  Commented by  pragati parihar, MBA/PGDM student, banasthali university,jaipur    | 08 27 2011 14:28:40 +0000
Rating : +1 
you are right amish sir,thanks for referral.
  Commented by  pragati parihar, MBA/PGDM student, banasthali university,jaipur    | 08 27 2011 14:28:35 +0000
Rating : +1 
you are right amish sir,thanks for referral.
  Commented by  Shameena W., Admin Manager, Wizcraft Inc.    | 08 27 2011 14:04:44 +0000
Rating : -2 
Yawn!.......... Time to go to sleep. Had a overdose of this Anna pills.
  Commented by  AMISH, Admin/Facilities Manager, VKVC    | 08 27 2011 07:11:11 +0000
Rating : +2 
A soldier who fought the war, now is leading a fight against corruption. His 3 point agenda to end the fast is something simple that the politicians can do. He is not asking for mountains to be moved. And he is protesting after suffering treachery twice in the past by the same politicians. So why not this protest? He has all the fundamental right to protest as everybody. We should look also at what the govt. could do and have not done. And in summation we require the menace of corruption to end. So why not support him? 
Rating : +2 
Mr. Muralidharan thank you once again for a beautiful insight.  You raised some valid questions.  Yes,  statutory bodies are there but ultimately the Govts. have to appoint  heads of these institutions.  Taking advantage of this, successive Govts. are making them worthless.  At the same time effectiveness of  these institutions are more or less dependent on the personalities heading these institutions.  As Mr. Muralidharan said people come to know about Election Commission and its powers only during the regime of T.N.Seshan.  Govt. tried its best to neutralize the powers of EC and succeeded even. Everybody knows about the recent CVC controversy.  

A section of people are opposing the way Anna leading the tide, they even branding him as blackmailer.  

Here, I completely agree with Mr. Niliesh.  As Mr. Nilesh said the  "the hard way came from the historic evidences, the way it handled so far".  There may be differences of opinion on Anna's way of dealing this issue, but the cause is genuine we must support him.  

Again the enforcement is undoubtedly the key factor.  What is the mechanism for it.  People cant come out every time to put pressure on Govt.  I will be glad if some one could suggest the mechanism for enforcement instead of criticising Anna.
  Commented by  Makesh Sharma, Bio/Pharma Informatics-Associate/Scientist, Micros Labs    | 08 26 2011 13:21:52 +0000
Rating : 0 
Anna? Atleast his team not want the the bill to come through. For they will lose their moments in the sun.
  Commented by  Nilesh Jain, Project Manager, A Leading Media/Telecom Co.    | 08 26 2011 12:17:14 +0000
Rating : +2 
There are many ways to look at it. But the need-of-hour is we need a strong anti-corruption laws to deter it. We may not be able to make it 100% clean, but certainly can be reduced to a great extent, if laws are stringent. Today, bureaucrats & politicians are not afraid of law, and hence they r more-n-more arrogant & corrupt. Anna's arguments are indeed right on how many corrupt bureaucrats & politicians are jailed till now? They exploit the loopholes in the laws and pull the case till end of their life, and spend life respectfully inside the society.

There can be diff of opinions on Anna's ways but isn't the demands are genuine? The hard way came from the historic evidences, the way it handled so far. Even after 42 years govt doesn't want to expedite it. So, are we willing to wait for another 4-5 decades? Isn't the urgency is invited by government only? If govt would have acted on time, Anna wouldn't have hardened like this. Contrary to it, govt is not even agreeing to discuss upon it in parliament, which clearly shows the intent, forget passing and committing so to Anna committing.

For that matter BJP is trying to get that extra mile outside the parliemant and making mess inside.

So at this moment, I think we have only option to support Anna.
  Commented by  Rajeev Sharma, Strategic Analyst, Columnist, Publishing    | 08 26 2011 10:30:57 +0000
Rating : +1 
Anna Hazare is holding a gun to the head of parliament. He no longer wants the government to move a resolution in parliament. Now he wants the government to ensure that this resolution is passed. Does any government have any control over parliament?
  Commented by  Rathin Deb, Freelance Retail Consultant    | 08 26 2011 10:15:19 +0000
Rating : +1 
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. 
  Commented by  Murali Murugesan, Vice President - SMILE    | 08 26 2011 05:21:38 +0000
Rating : -1 
Our Experience of all Too powerful laws of the country ensures your fears more than your suggestion will come true in due course. Any law with prejudice built in will lead to favoritism and corruption. Eg. Pota & TADA
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