1) The document discusses various issues and proposals related to strengthening anti-corruption institutions like the Lokpal bill, CAG, CVC and CBI in India.
2) It argues that instead of creating a new parallel anti-corruption body like the Lokpal, existing institutions like the CAG, CVC and CBI should be reformed, given more independence and resources to effectively tackle corruption.
3) The author proposes various reforms like making the CAG and CVC multi-member bodies, increasing their powers, budgets and staffing to properly investigate all government agencies and departments currently under their purview.
HAS IT BECOME A PAPER TIGER?
An analysis of whether the nation’s key environmental watchdog is losing its teeth to violators who flout its rulings with apparent impunity
The document summarizes the Jan Lokpal Bill, an anti-corruption bill drafted by civil society activists in India. It discusses key features of the bill such as establishing a central anti-corruption body called Lokpal to investigate corruption cases independently. It also covers differences between the government's draft Lokpal bill and the Jan Lokpal bill, as well as advantages and disadvantages of the proposed bill. Overall, the Jan Lokpal bill aims to create a stronger anti-corruption framework in India by granting more independence and powers to the Lokpal agency.
The document proposes a bill to establish a new Police Act for the state. Some key points:
1) It would create a single Police Service for the entire state, with members liable for posting anywhere.
2) Recruitment procedures and composition of the service are outlined to ensure transparency and adequate representation.
3) A Director General of Police would head the service, maintaining unity of command above all other officers.
The document discusses the need for police reforms in India and provides an overview of the key issues, recommendations from past committees, and the directives issued by the Supreme Court in 2006. Some of the main problems outlined are political interference in policing, lack of training and resources, and slow implementation of reforms at the state level. It notes that while many committees have recommended reforms, real change has not occurred due to states being unwilling to reduce their control over police forces.
The document discusses the need to reform the Indian police system. It notes that while citizens expect the police to protect them, the current image of the police is that of being corrupt and colluding with criminals. There are issues with the police selection process, lack of accountability to the public, inadequate training, and lack of modernization. The document advocates for making the police independent of political interference, improving recruitment, training, and making the complaint system more accessible. Overall reforms are needed to make the police more citizen-centric and accountable.
Critical Analysis of Lokpal and Lokayuktas Act, 2013Peter Lal
This document provides an introduction and analysis of the Lokpal and Lokayuktas Act of 2013 in India. It begins with definitions of Lokpal, Ombudsman, and their roles in investigating corruption complaints against public officials. It then summarizes key aspects of the 2013 Act, including the establishment of Lokpal as an independent body at the central level and Lokayuktas at the state level. The summary outlines Lokpal's jurisdiction, complaint and investigation procedures, powers, and provisions regarding complaints against Lokpal members. In conclusion, it identifies issues of debate regarding the inclusion of the Prime Minister and other public figures fully within Lokpal's purview.
HAS IT BECOME A PAPER TIGER?
An analysis of whether the nation’s key environmental watchdog is losing its teeth to violators who flout its rulings with apparent impunity
The document summarizes the Jan Lokpal Bill, an anti-corruption bill drafted by civil society activists in India. It discusses key features of the bill such as establishing a central anti-corruption body called Lokpal to investigate corruption cases independently. It also covers differences between the government's draft Lokpal bill and the Jan Lokpal bill, as well as advantages and disadvantages of the proposed bill. Overall, the Jan Lokpal bill aims to create a stronger anti-corruption framework in India by granting more independence and powers to the Lokpal agency.
The document proposes a bill to establish a new Police Act for the state. Some key points:
1) It would create a single Police Service for the entire state, with members liable for posting anywhere.
2) Recruitment procedures and composition of the service are outlined to ensure transparency and adequate representation.
3) A Director General of Police would head the service, maintaining unity of command above all other officers.
The document discusses the need for police reforms in India and provides an overview of the key issues, recommendations from past committees, and the directives issued by the Supreme Court in 2006. Some of the main problems outlined are political interference in policing, lack of training and resources, and slow implementation of reforms at the state level. It notes that while many committees have recommended reforms, real change has not occurred due to states being unwilling to reduce their control over police forces.
The document discusses the need to reform the Indian police system. It notes that while citizens expect the police to protect them, the current image of the police is that of being corrupt and colluding with criminals. There are issues with the police selection process, lack of accountability to the public, inadequate training, and lack of modernization. The document advocates for making the police independent of political interference, improving recruitment, training, and making the complaint system more accessible. Overall reforms are needed to make the police more citizen-centric and accountable.
Critical Analysis of Lokpal and Lokayuktas Act, 2013Peter Lal
This document provides an introduction and analysis of the Lokpal and Lokayuktas Act of 2013 in India. It begins with definitions of Lokpal, Ombudsman, and their roles in investigating corruption complaints against public officials. It then summarizes key aspects of the 2013 Act, including the establishment of Lokpal as an independent body at the central level and Lokayuktas at the state level. The summary outlines Lokpal's jurisdiction, complaint and investigation procedures, powers, and provisions regarding complaints against Lokpal members. In conclusion, it identifies issues of debate regarding the inclusion of the Prime Minister and other public figures fully within Lokpal's purview.
This presentation mainly focuses on Lokpal in India. it also deals with the need of lokpal, how corruption became one of the activities of even the common citizens. it tries to reveal the intention of Governments in the matters relating to Lokpal.
The document discusses the Lokpal and Lokayuktas Act, 2013 in India. It provides background on the historical development of ombudsman institutions and anti-corruption efforts in India. Key points include: the Act established the Lokpal as an independent body to investigate corruption cases against public officials; there were differences between the government's version of the Lokpal bill and the Jan Lokpal bill promoted by civil society; and while the Act was passed, critics argue it is not working effectively as the Lokpal has not been fully established and people are still waiting to see results in the fight against corruption.
Lokpal and Lokayukta would be independent anti-corruption ombudsmen established at the central and state levels in India to investigate and prosecute corruption cases involving public officials more effectively. In contrast to existing systems, they would have fixed timelines for investigating complaints, powers to dismiss or suspend accused officials, and ensure swifter trials within one year. Ordinary citizens would have trust that their complaints would be heard without fear of retaliation.
The document compares and contrasts the key differences between the government's draft Lokpal bill and the civil society draft bill. Some of the major differences highlighted include: selection and composition of the Lokpal members and search committee; accountability and independence of the Lokpal; jurisdiction and scope of corruption covered; powers to investigate complaints and tap phones; whistleblower protection; and inclusion of the prime minister. The civil society draft provides for a more independent and effective anti-corruption body compared to the government's draft which is seen as keeping control over the Lokpal and potentially making it a "puppet in the government's hands."
The document provides an overview of the police system in India. It discusses that the word "police" comes from Latin and refers to citizenship and administration. The key duties of the police force are to preserve public order, investigate crimes, and maintain security in the community. The police system has its origins in ancient times as guards of kings, and the Police Act of 1861 established it under British rule. While the police system aims to prevent crime and support domestic peace, it also faces flaws like corruption, failure to properly handle cases, poor infrastructure and inadequate training. Solutions discussed include implementing Supreme Court guidelines, providing modern equipment, and increasing women's representation in police stations.
The document summarizes the key aspects of the proposed Jan Lokpal Bill in India, which aims to establish an independent anti-corruption ombudsman agency called the Jan Lokpal at the central government level and corresponding Jan Lokayuktas in each state. The Jan Lokpal and Lokayuktas would have powers to investigate and prosecute cases of corruption in a time-bound manner, recover stolen public funds, and dismiss corrupt public servants from their jobs. Selection processes for members and oversight measures are also outlined to ensure the independence and accountability of these new agencies.
Disabled people at the job market in italy completoMaria La Porta
1) There are approximately 3 million disabled people in Italy, comprising 5% of the population. The majority are motor disabled or have sight or hearing impairments.
2) While Italian law aims to promote social integration and employment of disabled individuals, only 16% of disabled people of working age have jobs, compared to 54% of non-disabled people.
3) The document outlines Italian laws regarding employment quotas for disabled people in both public and private sectors, as well as incentives for companies that meet quotas and penalties for those that do not. The goal is to facilitate job access and integration for disabled individuals.
- Lokpal is a proposed ombudsman organization in India to investigate corruption complaints against public servants. It was first proposed in 1968 but has faced many delays in being established.
- The current laws for dealing with corruption have deficiencies, as investigating authorities need prior government or court approval before investigating public servants.
- The key features of the original Lokpal bill included the ability to investigate the prime minister and other high-level officials, and having a quasi-judicial process to investigate and prosecute corruption cases within 2 years.
- There is ongoing debate around whether the prime minister and other high-level officials should fall under the Lokpal's purview or remain accountable only to Parliament.
Vajiram and Ravi - Current-affair- Magazine November 2021Vajiram Ravi
The document discusses the proposed All India Judicial Service (AIJS). Key points include:
- AIJS has been proposed since independence to improve quality and efficiency of subordinate courts through a centralized recruitment and training system.
- The bill would recruit additional district judges through a national exam with 25% in each state from the all-India cadre. However, states oppose ceding power over judicial appointments.
- Supporters argue AIJS will reduce vacancies, ensure uniform standards, and improve representation. Critics argue it will not solve shortage issues and threatens state autonomy and language representation.
- The document examines history of AIJS proposals, arguments for and against its creation, and judiciary's views on the issue. Overall it
The document summarizes key differences between the Jan Lokpal draft bill and the government's draft Lokpal bill. Some of the major issues highlighted include:
1) The government's bill excludes the Prime Minister, judiciary, and MPs from Lokpal's purview, while the Jan Lokpal draft includes investigating allegations against all public servants.
2) The government's bill provides less independence and accountability of Lokpal, with selection and removal under government control.
3) The investigation process in the government's bill is seen as overly favorable to the accused and could compromise investigations.
4) The Jan Lokpal draft provides stronger powers and duties for Lokpal to prevent ongoing corruption cases and punish corrupt officials
DEBT MANAGEMENT ANALYSIS: A CASE OF LOCAL GOVERNMENT AUTHORITIES IN MASHONALA...ectijjournal
The thrust of study was to examine the impact of debt finance on performance of local authorities in relation to Zimbabwe government local authorities, in Mashonaland West Province, Zimbabwe. The research adopted the mixed research methodology. Primary data was collected using interviews and questionnaires. The study’s major findings were that debt finance was used for improvement of refuse collection and water reticulation system. The major challenges faced by local authorities were poor debt management, lack of commitment on debt management and poor staff training on debt finance procedures. The study also revealed that debt finance contribute 90% of major projects being implemented by local authorities The study recommended that Ministry of local Government should provide assistance in form debt finance training procedures basing on cost of debt and rate of return.
The document discusses the history and objectives of the Lokpal bill in India, which aims to establish an independent body called the Lokpal to investigate corruption complaints against public servants and politicians. Key points include:
- The Lokpal is modeled after the ombudsman system in other countries and aims to increase accountability of public servants and address rising corruption.
- Previous versions of the Lokpal bill have failed to pass due to lack of political will. The current bill aims to establish a 3-member Lokpal body with powers to investigate corruption complaints.
- The bill aims to provide a faster, cheaper alternative to existing anti-corruption mechanisms and make high-level politicians and public servants more accountable. However,
Actions in Aid of Civil Power: Analysis and Recommendations (February 2013)fatanews
Recommendations on Pakistan's Actions in Aid of Civil Power Regulation 2011 as made by Amnesty International and the International Crisis Group (ICG). Read the full text of the actual regulation at: http://www.slideshare.net/fatanews/fata-actions-in-aid-of-civil-power-2011-0627-june
The document outlines key points about the proposed Jan Lokpal Bill in India. It proposes establishing an independent anti-corruption body called LOKPAL at the central level and LOKAYUKTA at state levels to investigate and prosecute cases of corruption within two years. The LOKPAL would have powers to impose penalties on public officials who do not complete citizens' work in time, and investigate cases of corruption in areas like ration distribution and infrastructure projects. Members of the LOKPAL would be selected through a transparent process without political interference. Any complaints against LOKPAL officers would also be promptly investigated. Existing anti-corruption agencies would be merged under the LOKPAL.
Bugle of Federalism
Recourse to mass direct action by chief minsters to “ save the Constitution” is emerging as a means of attempting a reversal or an amelioration of Union policies, writes Prof Upendra Baxi
The document provides details about the composition and structure of Lokpal as established under the Lokpal and Lokayuktas Act, 2013. It states that Lokpal is a multi-member statutory body headed by a chairperson who is a former Chief Justice of India or Supreme Court judge. It can have a maximum of 8 members including at least 4 judicial members. The selection committee for appointing the chairperson and members includes the Prime Minister, Lok Sabha Speaker, and Leader of Opposition. Lokpal has inquiry and prosecution wings headed by Directors to investigate and prosecute corruption cases against public servants under its jurisdiction.
Why we need Jan Lokpal? What is the difference between Govt's draft and Civil Society draft? How can Jan Lokpal help in curbing corruption? All these questions answered!!!
The document discusses the Jan Lokpal Bill, a draft anti-corruption bill in India seeking an independent body called Lokpal to investigate corruption cases. It would complete investigations within a year and trials within the next year. Key features include establishing a central anti-corruption institution supervised by independent authorities. Anna Hazare initiated a movement in 2011 to pass a stronger Lokpal bill as conceived in the Jan Lokpal Bill.
Nepotism and corruption have become rampant in senior government appointments in India. The civil services have become highly politicized, reducing transparency. Experts from outside the civil services are rarely appointed to strategic positions, despite some outstanding examples in the past. Unless major reforms are made to make appointments based on domain knowledge, integrity and competence rather than political connections, corruption will continue and undermine India's development and reputation. Reforms must make the appointment process more transparent and remove political interference to restore integrity and merit-based selections.
CBI ,a professional Investigating Agency has done commendable job but still has always been under controversy of being aligned to the ruling party which must be corrected.
This presentation mainly focuses on Lokpal in India. it also deals with the need of lokpal, how corruption became one of the activities of even the common citizens. it tries to reveal the intention of Governments in the matters relating to Lokpal.
The document discusses the Lokpal and Lokayuktas Act, 2013 in India. It provides background on the historical development of ombudsman institutions and anti-corruption efforts in India. Key points include: the Act established the Lokpal as an independent body to investigate corruption cases against public officials; there were differences between the government's version of the Lokpal bill and the Jan Lokpal bill promoted by civil society; and while the Act was passed, critics argue it is not working effectively as the Lokpal has not been fully established and people are still waiting to see results in the fight against corruption.
Lokpal and Lokayukta would be independent anti-corruption ombudsmen established at the central and state levels in India to investigate and prosecute corruption cases involving public officials more effectively. In contrast to existing systems, they would have fixed timelines for investigating complaints, powers to dismiss or suspend accused officials, and ensure swifter trials within one year. Ordinary citizens would have trust that their complaints would be heard without fear of retaliation.
The document compares and contrasts the key differences between the government's draft Lokpal bill and the civil society draft bill. Some of the major differences highlighted include: selection and composition of the Lokpal members and search committee; accountability and independence of the Lokpal; jurisdiction and scope of corruption covered; powers to investigate complaints and tap phones; whistleblower protection; and inclusion of the prime minister. The civil society draft provides for a more independent and effective anti-corruption body compared to the government's draft which is seen as keeping control over the Lokpal and potentially making it a "puppet in the government's hands."
The document provides an overview of the police system in India. It discusses that the word "police" comes from Latin and refers to citizenship and administration. The key duties of the police force are to preserve public order, investigate crimes, and maintain security in the community. The police system has its origins in ancient times as guards of kings, and the Police Act of 1861 established it under British rule. While the police system aims to prevent crime and support domestic peace, it also faces flaws like corruption, failure to properly handle cases, poor infrastructure and inadequate training. Solutions discussed include implementing Supreme Court guidelines, providing modern equipment, and increasing women's representation in police stations.
The document summarizes the key aspects of the proposed Jan Lokpal Bill in India, which aims to establish an independent anti-corruption ombudsman agency called the Jan Lokpal at the central government level and corresponding Jan Lokayuktas in each state. The Jan Lokpal and Lokayuktas would have powers to investigate and prosecute cases of corruption in a time-bound manner, recover stolen public funds, and dismiss corrupt public servants from their jobs. Selection processes for members and oversight measures are also outlined to ensure the independence and accountability of these new agencies.
Disabled people at the job market in italy completoMaria La Porta
1) There are approximately 3 million disabled people in Italy, comprising 5% of the population. The majority are motor disabled or have sight or hearing impairments.
2) While Italian law aims to promote social integration and employment of disabled individuals, only 16% of disabled people of working age have jobs, compared to 54% of non-disabled people.
3) The document outlines Italian laws regarding employment quotas for disabled people in both public and private sectors, as well as incentives for companies that meet quotas and penalties for those that do not. The goal is to facilitate job access and integration for disabled individuals.
- Lokpal is a proposed ombudsman organization in India to investigate corruption complaints against public servants. It was first proposed in 1968 but has faced many delays in being established.
- The current laws for dealing with corruption have deficiencies, as investigating authorities need prior government or court approval before investigating public servants.
- The key features of the original Lokpal bill included the ability to investigate the prime minister and other high-level officials, and having a quasi-judicial process to investigate and prosecute corruption cases within 2 years.
- There is ongoing debate around whether the prime minister and other high-level officials should fall under the Lokpal's purview or remain accountable only to Parliament.
Vajiram and Ravi - Current-affair- Magazine November 2021Vajiram Ravi
The document discusses the proposed All India Judicial Service (AIJS). Key points include:
- AIJS has been proposed since independence to improve quality and efficiency of subordinate courts through a centralized recruitment and training system.
- The bill would recruit additional district judges through a national exam with 25% in each state from the all-India cadre. However, states oppose ceding power over judicial appointments.
- Supporters argue AIJS will reduce vacancies, ensure uniform standards, and improve representation. Critics argue it will not solve shortage issues and threatens state autonomy and language representation.
- The document examines history of AIJS proposals, arguments for and against its creation, and judiciary's views on the issue. Overall it
The document summarizes key differences between the Jan Lokpal draft bill and the government's draft Lokpal bill. Some of the major issues highlighted include:
1) The government's bill excludes the Prime Minister, judiciary, and MPs from Lokpal's purview, while the Jan Lokpal draft includes investigating allegations against all public servants.
2) The government's bill provides less independence and accountability of Lokpal, with selection and removal under government control.
3) The investigation process in the government's bill is seen as overly favorable to the accused and could compromise investigations.
4) The Jan Lokpal draft provides stronger powers and duties for Lokpal to prevent ongoing corruption cases and punish corrupt officials
DEBT MANAGEMENT ANALYSIS: A CASE OF LOCAL GOVERNMENT AUTHORITIES IN MASHONALA...ectijjournal
The thrust of study was to examine the impact of debt finance on performance of local authorities in relation to Zimbabwe government local authorities, in Mashonaland West Province, Zimbabwe. The research adopted the mixed research methodology. Primary data was collected using interviews and questionnaires. The study’s major findings were that debt finance was used for improvement of refuse collection and water reticulation system. The major challenges faced by local authorities were poor debt management, lack of commitment on debt management and poor staff training on debt finance procedures. The study also revealed that debt finance contribute 90% of major projects being implemented by local authorities The study recommended that Ministry of local Government should provide assistance in form debt finance training procedures basing on cost of debt and rate of return.
The document discusses the history and objectives of the Lokpal bill in India, which aims to establish an independent body called the Lokpal to investigate corruption complaints against public servants and politicians. Key points include:
- The Lokpal is modeled after the ombudsman system in other countries and aims to increase accountability of public servants and address rising corruption.
- Previous versions of the Lokpal bill have failed to pass due to lack of political will. The current bill aims to establish a 3-member Lokpal body with powers to investigate corruption complaints.
- The bill aims to provide a faster, cheaper alternative to existing anti-corruption mechanisms and make high-level politicians and public servants more accountable. However,
Actions in Aid of Civil Power: Analysis and Recommendations (February 2013)fatanews
Recommendations on Pakistan's Actions in Aid of Civil Power Regulation 2011 as made by Amnesty International and the International Crisis Group (ICG). Read the full text of the actual regulation at: http://www.slideshare.net/fatanews/fata-actions-in-aid-of-civil-power-2011-0627-june
The document outlines key points about the proposed Jan Lokpal Bill in India. It proposes establishing an independent anti-corruption body called LOKPAL at the central level and LOKAYUKTA at state levels to investigate and prosecute cases of corruption within two years. The LOKPAL would have powers to impose penalties on public officials who do not complete citizens' work in time, and investigate cases of corruption in areas like ration distribution and infrastructure projects. Members of the LOKPAL would be selected through a transparent process without political interference. Any complaints against LOKPAL officers would also be promptly investigated. Existing anti-corruption agencies would be merged under the LOKPAL.
Bugle of Federalism
Recourse to mass direct action by chief minsters to “ save the Constitution” is emerging as a means of attempting a reversal or an amelioration of Union policies, writes Prof Upendra Baxi
The document provides details about the composition and structure of Lokpal as established under the Lokpal and Lokayuktas Act, 2013. It states that Lokpal is a multi-member statutory body headed by a chairperson who is a former Chief Justice of India or Supreme Court judge. It can have a maximum of 8 members including at least 4 judicial members. The selection committee for appointing the chairperson and members includes the Prime Minister, Lok Sabha Speaker, and Leader of Opposition. Lokpal has inquiry and prosecution wings headed by Directors to investigate and prosecute corruption cases against public servants under its jurisdiction.
Why we need Jan Lokpal? What is the difference between Govt's draft and Civil Society draft? How can Jan Lokpal help in curbing corruption? All these questions answered!!!
The document discusses the Jan Lokpal Bill, a draft anti-corruption bill in India seeking an independent body called Lokpal to investigate corruption cases. It would complete investigations within a year and trials within the next year. Key features include establishing a central anti-corruption institution supervised by independent authorities. Anna Hazare initiated a movement in 2011 to pass a stronger Lokpal bill as conceived in the Jan Lokpal Bill.
Nepotism and corruption have become rampant in senior government appointments in India. The civil services have become highly politicized, reducing transparency. Experts from outside the civil services are rarely appointed to strategic positions, despite some outstanding examples in the past. Unless major reforms are made to make appointments based on domain knowledge, integrity and competence rather than political connections, corruption will continue and undermine India's development and reputation. Reforms must make the appointment process more transparent and remove political interference to restore integrity and merit-based selections.
CBI ,a professional Investigating Agency has done commendable job but still has always been under controversy of being aligned to the ruling party which must be corrected.
Describes the legal environment of the Comptroller & Auditor General of India in the light of attacks upon him by senior Indian politicians and concludes that the CAG of India merits greater powers.
At the start, we the SABC8, want to affirm the good work done in 2016 by parliament’s portfolio committee on communications, the ad hoc committee on the SABC and the interim board of the SABC.
1) The SABC8 express deep concern over the ongoing governance crisis at the SABC and call on Parliament to remedy the situation.
2) They note that the interim board's term has expired with no new board appointed, leaving the public broadcaster without proper oversight.
3) The letter calls for a forensic investigation into the reversed merger between the News Resources Department and Henley, citing obligations to report potential corruption under the Prevention of Corrupt Activities Act.
The document discusses the history and objectives of the Lokpal bill in India, which aims to establish an independent body called the Lokpal to investigate corruption complaints against public servants and politicians. Key points include:
- The Lokpal is modeled after the ombudsman system in other countries and aims to increase accountability of public servants and address rising corruption.
- Past Lokpal bills have failed to pass due to dissolution of government or lack of consensus. The current bill aims to include the prime minister and judiciary within the Lokpal's purview.
- The bill proposes a 3-member Lokpal body headed by a retired Supreme Court judge to independently investigate corruption complaints within 10 years and recommend actions to authorities.
The Central Vigilance Commission (CVC) was established in 1964 as an independent body to address corruption in the Indian government. The CVC monitors vigilance activities and advises authorities on anti-corruption efforts, though it has limitations like lacking enforcement powers. Key information about the CVC's role, leadership structure, and controversies surrounding appointments was presented.
This document contains 5 proposals for reforming the Bolivian justice system. The proposals include: 1) Requiring judges to be qualified, independent and impartial; 2) Providing an adequate and well-administered budget for the judiciary; 3) Establishing a justice system that is accessible to all and strengthens indigenous community justice; 4) Initiating reforms through citizen initiatives and referendums rather than solely relying on the state; 5) Compensating substitute judges for work compiling jurisprudence to increase their expertise if appointed to a position. The document analyzes each proposal, citing the Bolivian constitution to support arguments for improving the independence and effectiveness of the justice system.
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Chapter 13:The Bureaucracy
ADA Text Version
Learning Objectives
1. Describe the formal organization of the federal bureaucracy.
2. Classify the vital functions performed by the bureaucracy.
3. Explain the present Civil Service system and contrast it with the 19th century spoils system.
4. Identify the various factors contributing to bureaucracy's growth over time.
5. Compare the means by which Congress and the president attempt to maintain control over the bureaucracy.
6. Analyze and evaluate the problems that bureaucratic organization poses for American democracy.
Introduction
The very word "bureaucracy" often carries negative connotations. To refer to an institution as a "bureaucracy" or characterize it as "bureaucratic" is usually intended as an insult. But the national bureaucracy, sometimes called the "fourth branch of government", is responsible for practically all of the day-to-day work of governing the country. While bureaucracy in the United States, consistent with our tradition of more limited government, is smaller than its counterparts in other longstanding democracies, its influence extends to almost every corner of American society. From delivery of the mail to regulation of the stock market to national defense, federal employees plan, regulate, adjudicate, enforce, and implement federal law. Despite recurrent calls to "shrink" the size of government, the federal bureaucracy remains the largest single employer in the United States. This lesson examines the bureaucracy's formal organization, its critical role in the American economy and society, and its perceived weaknesses.
Study Questions
1. How did sociologist Max Weber define bureaucracy?
2. Identify the various functions federal bureaucracies perform giving at least one example each:
a. Implementation
b. Regulation
c. Adjudication
d. Enforcement
e. Policy-making
3. How many people does the federal government employ? For what percentage of GDP does federal spending account? How does this compare to other economically advanced democracies?
4. Classify and distinguish the major types of bureaucracy in the federal government:
a. Cabinet Departments
b. Independent Agencies
c. Independent Regulatory Commissions
d. Government Corporations
5. How does the federal bureaucracy select and recruit personnel? Contrast the present civil service system with the spoils system. What advantages does the present system provide?
6. What factors explain the growth of bureaucracy over time despite recurrent calls for limiting the size of government?
7. Identify those factors in the budget process making it difficult to cut bureaucratic funding.
8. Describe the way Congress authorizes funding for the federal bureaucracy.
9. How does Congress attempt to control the federal bureaucracy?
10. How does the president attempt to control the federal bureaucracy?
11. What special problems does bureaucratic independence present in a democracy? Discuss with re.
Defining the Mandate and the Functions of the Anti-Corruption Authorities. La...Aleksejs
The KNAB was established in 2002 in Latvia to play a central role in preventing and combating corruption. It has a mandate based on three pillars: preventing corruption, combating corruption, and educating the public about corruption. The KNAB is accountable to the government and parliament, to whom it reports its activities twice per year. It drafts anti-corruption strategies and programs and monitors political parties' compliance with financing regulations. The KNAB carries out criminal intelligence, investigations, and educates public officials to fulfill its broad mandate.
With the apex court illegally abrogating the NJAC Act and no hope for the even more important NJ Accountability Commission, a fervent request is made to the PM for constituting a National Quasi Judicial Appointments and Accountability Commission
AAP's Janlokpal is weaker than Central Govt's LokpalShivendra Chauhan
The document highlights key differences between the central Lokpal bill and the AAP's proposed Jan Lokpal bill for Delhi. Some key differences include:
1) The composition and experience requirements of the selection committees that appoint Lokpal members differ, with the AAP bill potentially favoring those with legal experience or ties to AAP.
2) The AAP bill excludes MLAs of Delhi and NGOs from the Lokpal's jurisdiction, while the central bill includes them.
3) Provisions around frivolous complaints, repeal of existing laws, reporting structures, and prosecution powers are less stringent or clear in the AAP bill compared to the central bill.
The document discusses the concept of sanction for prosecution under Indian law. It provides definitions for key terms like public servant and discusses the legal provisions around sanction requirements. Some main points:
- Sanction is required before prosecuting a public servant to prevent vexatious/frivolous cases and protect the innocent.
- The Prevention of Corruption Act and Code of Criminal Procedure contain sanction provisions for prosecuting public servants.
- A public servant is broadly defined and can include government employees, elected officials, and others. Ministers and the Chief Minister are considered public servants.
- Sanction is typically granted by the authority that appointed the public servant, but the Governor has power to grant sanction for prosecuting
The document provides an analysis of the proposed Jan Lokpal Bill, which aims to establish an independent anti-corruption body called Lokpal at the central level and Lokayuktas at the state level. It outlines several deficiencies of existing anti-corruption agencies, including lack of independence, being powerless advisory bodies, and multiplicity of overlapping agencies. The analysis then describes provisions in the Jan Lokpal Bill to address these, such as ensuring the independence, powers and unified jurisdiction of Lokpal/Lokayuktas. It also details the actions Lokpal can take against corrupt individuals and how it will provide relief to citizens facing corruption in government departments.
,
organs of the government of bangladesh
,
government: concept
,
legislature of bangladesh
,
limitations of the executive organ in bd
,
judiciary organ of bangladesh
,
functions of judicial organ of bangladesh
,
functions of executive organ of bangladesh
,
how to make judiciary more effective in bangladesh
The document provides an analysis of the proposed Jan Lokpal Bill, which aims to establish an independent anti-corruption body called Lokpal at the central level and Lokayuktas at the state level. It outlines several deficiencies of existing anti-corruption systems in India that render them ineffective. These include lack of independence, being powerless advisory bodies, multiplicity of overlapping agencies, and lack of transparency. The analysis then describes provisions in the Jan Lokpal Bill to address these issues, such as ensuring the independence, powers and unified jurisdiction of Lokpal/Lokayuktas, and measures for time-bound investigations and punishment of corrupt individuals.
The document summarizes the establishment of the Congressional Budget Office (CBO) and the efforts of Alice M. Rivlin, its first director. It discusses the major players that were influential in Rivlin's appointment, including Edmund Muskie. As the CBO's first director, Rivlin had considerable freedom to determine the organization's structure due to vague guidance in the Congressional Budget Act. She brought on Robert Reischauer as her deputy and reviewed models from other government agencies to design the CBO.
1) The article discusses arguments for better regulating non-governmental organizations (NGOs) in Bangladesh to increase accountability and address issues like some NGOs prioritizing business activities over aid.
2) It provides an example of an NGO that began large-scale operations without proper approvals and whose leader had a criminal record, highlighting the need for effective monitoring.
3) While new laws and oversight bodies are often proposed, the government has not consistently followed through on regulating NGOs; meaningful reform requires substantial government commitment to streamlining the sector.
For information for all. We need one strong working effective anti corruption rule like developed countries as US, UK also UN. Lokpal or anyother, but has to be there
Transformation of farmers agitation 2021 in IndiaShantanu Basu
This movement began as a protest against controversial farm acts by farmers, but has expanded into a broader challenge and alliance against the government by 90% of India's population. It represents common people challenging the privileged elite and seeking to replace the existing political system that perpetuates inequalities. The movement signals dissatisfaction with a system skewed in favor of upper castes and brings together various disadvantaged groups including farmers, laborers, and the unemployed from across different states. It seeks equitable policies for both buyers and sellers in the agricultural sector and other reforms benefiting farmers and rural communities.
- War clouds are gathering as Russia threatens to invade Ukraine and China flexes its muscles on the Indian border. Both countries have rebuilt their economies and militaries while Western powers have aging equipment.
- China and Russia want to show strength domestically and see Western treaties as having truncated their nations. They have penetrated infrastructure overseas and tested new weapons.
- The global power balance has shifted eastward as Western nations ceded manufacturing and technology to Asia. A future world war would likely be in Asia between East and West. India would struggle to fight on multiple fronts against China and Pakistan.
Red challenges to Biden's blue presidencyShantanu Basu
Biden faces formidable challenges as President from Republican opposition in the Senate and from Trump supporters across America. His agenda will likely be stalled as the Senate is evenly split, requiring Vice President Kamala Harris's vote. The US economy also presents challenges as it relies on high debt and deficits. Biden will face stiff opposition to providing further COVID relief, returning to Obama-era policies, and replacing Trump administration officials. Relations with China may continue as both countries rely on trade, but Biden will face pressure over issues like India from Republicans portraying him as soft. As the first Democratic president in decades, Biden will have to navigate tensions over race, business interests, and personal freedoms to achieve his reform agenda.
- War clouds are gathering as Russia threatens to invade Ukraine and China flexes its muscles on the India-China border. Both countries have rebuilt their economies and militaries while Western powers have aging equipment.
- China and Russia want to show strength domestically and see Western treaties as having truncated their nations. They have penetrated Western systems through cyber and economic means.
- The global power balance has shifted eastward as Western nations ceded manufacturing and technology to Asia. A future world war would likely be in Asia between East and West. India would struggle to fight on multiple fronts against China and Pakistan.
Red challenges to biden's blue presidencyShantanu Basu
Biden faces significant challenges as President from Republican opposition in the Senate and from conservative Americans who supported Trump. His agenda faces obstacles to passing legislation due to the even Senate split, and he may be forced to compromise on issues like abortion, immigration, and healthcare to appease conservatives. Biden also inherits an economy weakened by the pandemic and trade wars, high debt levels, and social divisions exacerbated by Trump. His ability to enact his agenda and make progress on issues like racial justice and climate change will depend on his ability to navigate these political and economic challenges from his opponents on the right.
The document summarizes India's fiscal deficit and gross liabilities for the years 2019-20 and 2020-21. It states that India's GDP in 2019-20 was approximately Rs. 250 lakh crore, with a fiscal deficit of Rs. 8.75 lakh crore or 3.5% of GDP. However, additional liabilities not provided for in the budget estimate totaled Rs. 38.75 lakh crore, bringing the real fiscal deficit to 15.5% of GDP. For 2020-21, GDP declined by 23.9% to approximately Rs. 190 lakh crore, while additional liabilities above the budget estimate of Rs. 35 lakh crore total Rs. 70 lakh
1. The document discusses the political and economic fallout of the COVID-19 pandemic, originating from China. It argues that while the Chinese government is culpable for initially suppressing information about the outbreak, blaming the Chinese people is unfair.
2. It describes how China's economic reforms and opening up led to massive growth and wealth creation, but also political ambitions and social tensions. The pandemic may cause countries to bring manufacturing back and reconsider their dependence on China.
3. India is positioned to benefit if it replicates China's economic model to attract investment and jobs, but it faces major challenges around infrastructure, bureaucracy, and corruption. Overall, the pandemic could spur manufacturing growth in multiple countries and regions.
1. The author argues that nationalism in India is often propagated by politicians to distract from domestic issues and consolidate power, rather than unite people. True nationalism respects India's diversity and ensures prosperity for all.
2. Many contributors to India's freedom struggle and cultural heritage are unknown or forgotten. Figures from all religions, genders, and social groups made sacrifices but a narrow version of nationalism promotes only certain identities.
3. India still faces significant issues of poverty, hunger, and inequality despite recent economic growth. True nationalism requires upholding democracy and rule of law to protect all citizens' rights and development.
India's Public Finances are in ShamblesShantanu Basu
The finances of the Government of India (GOI) are in dire straits. As of January 2020, the fiscal deficit was estimated at Rs. 9.85 lakh crore, which is about a third of total budgeted expenditures. With disastrous tax revenue in the first three quarters of the fiscal year and the impact of COVID-19, the actual deficit could exceed 45-50% of expenditures. Adding additional off-budget borrowing, the deficit could jump to 45% of revenues. To fill this large shortfall, GOI will need to take on substantial new borrowing, further increasing debt levels and interest payments in the coming years. The financial condition of GOI is weak, limiting its ability to provide further fiscal support
The document discusses India's debate around issuing sovereign bonds. It notes that India's high levels of domestic debt could amount to 45-50% of the government's budget annually. Issuing sovereign bonds in US dollars also presents risks like currency fluctuations, inflation risks, and lower credit ratings increasing interest rates. While sovereign bonds could raise large funds, there are doubts around India's ability to repay its obligations without impacting domestic debt payments or leading to a debt crisis. Alternative domestic funding options that avoid sovereign bond risks need more exploration.
The author argues that a lockdown in India would be misplaced and ineffective at stopping the spread of Covid-19 due to several factors unique to India. First, high population densities in urban and rural areas would make social distancing and quarantine impossible. Second, many migrant workers have returned from overseas and are traveling within India, negating the impact of a lockdown. Third, daily necessities are purchased from dense markets and small shops, and shutting these down would cause food shortages and panic. The author provides several alternative suggestions to address the virus, such as increased testing, protective equipment for frontline workers, and enlisting private industry to help produce medical supplies.
This document summarizes the debate around India issuing sovereign bonds for the first time. It notes that India already has high levels of domestic debt totaling Rs. 350-400 lakh crore. Issuing dollar-denominated sovereign bonds would expose India to currency and inflation risks given its lower-medium credit rating. While sovereign bonds could raise large funds, India may struggle to find projects that generate enough return to pay the estimated 6-7% coupon rate required due to these risks. The document argues for reforms like reducing government ministries, increasing foreign portfolio investment limits, and privatizing some state projects before relying too heavily on sovereign bonds.
Revocation of Art. 370 - The Ultimate Victory?Shantanu Basu
The document discusses corruption among politicians in Kashmir and the siphoning of public funds. It argues that revoking Article 370 is not an end in itself and that more needs to be done to address corruption. Statistics are provided showing large expenditures and grants to Kashmir compared to low revenues and poor development outcomes. The author urges the government to take exemplary action against corrupt politicians, scrutinize financial records, improve governance and economic opportunities in Kashmir, and handle the situation with care and fairness to avoid further conflict.
Dance of democracy or descent into mockocracyShantanu Basu
Briefly discusses the role of small parties that do not participate in elections in India but are errand boys of the larger ones in criminality like cash and drugs distribution during elections in India.
1. The author argues that excessive nationalism propagated by politicians is often used to mask internal flaws and promote superiority over others. However, true nationalism accepts diversity and is inclusive.
2. The author notes that India's rich cultural heritage and history of national heroes is often unknown or forgotten. Many contributions to India's freedom struggle came from a diverse range of individuals across religions and social groups.
3. While India has become one of the largest economies, there remains significant hunger and poverty that true nationalism should aim to address. Crony capitalism has benefited the privileged more than addressing issues facing the masses. The rule of law and democracy are also threatened when different rules apply to different groups.
Briefly registers my protest against the proposed implementation of NYAYA by the Indian National Congress. It opposes the very idea of unsustainable cash handouts to the indigent.
Ten takeaways from india state assembly elections 2018Shantanu Basu
1. The document provides 10 takeaways from the 2018 Indian state assembly elections. Key issues included voters rejecting both the BJP's majoritarian religious politics and the INC's weak religious appeals. Development was prioritized over allegations of corruption.
2. Voters rejected negative campaigning and were not swayed by promises or incentives but cared most about issues like jobs, farm loans, prices, and wages. Narrow victory margins showed that politicians must deliver or face backlash.
3. Caste and religious loyalties mattered less while educated leaders were preferred. Social media was a double-edged sword that allowed debates to influence remote voters. A silent voter revolution occurred as voters rejected empty promises and arrogance.
Telecom Revolution, Governnace and Elections in IndiaShantanu Basu
Briefly discusses the telecom and media revolutions in India. The article concludes that a large part of voting in India's next General Election in 2019 would be decided from homes and that such choices would make voters much more conscious of seeking accountability of their elected representatives.
The report *State of D2C in India: A Logistics Update* talks about the evolving dynamics of the d2C landscape with a particular focus on how brands navigate the complexities of logistics. Third Party Logistics enablers emerge indispensable partners in facilitating the growth journey of D2C brands, offering cost-effective solutions tailored to their specific needs. As D2C brands continue to expand, they encounter heightened operational complexities with logistics standing out as a significant challenge. Logistics not only represents a substantial cost component for the brands but also directly influences the customer experience. Establishing efficient logistics operations while keeping costs low is therefore a crucial objective for brands. The report highlights how 3PLs are meeting the rising demands of D2C brands, supporting their expansion both online and offline, and paving the way for sustainable, scalable growth in this fast-paced market.
Efficient PHP Development Solutions for Dynamic Web ApplicationsHarwinder Singh
Unlock the full potential of your web projects with our expert PHP development solutions. From robust backend systems to dynamic front-end interfaces, we deliver scalable, secure, and high-performance applications tailored to your needs. Trust our skilled team to transform your ideas into reality with custom PHP programming, ensuring seamless functionality and a superior user experience.
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Explore the steadfast and reliable nature of the Taurus Zodiac Sign. Discover the personality traits, key dates, and horoscope insights that define the determined and practical Taurus, and learn how their grounded nature makes them the anchor of the zodiac.
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I dive into how businesses can stay competitive by integrating AI into their core processes. From identifying the right approach to building collaborative teams and recognizing common pitfalls, this guide has got you covered. AI transformation is a journey, and this playbook is here to help you navigate it successfully.
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Jan lokpal bill article
1. Lokpal Bill: Building Capacity in the CAG, CVC and CBI
Barun Kumar Basu
US Justice Louis Brandeis said, ―Our government is the potent, the omnipresent teacher.
For good or for ill, it teaches people by example. If the government becomes the law-breaker, it
breeds contempt for law and invites every man to become a law unto himself.‖ A euphoric nation
therefore loudly applauded as a desperate government, reeling from a slew of mega corruption
cases, meekly caved into Anna Hazare‘s demand for a joint drafting committee for the Lokpal
Bill. The Bill itself makes for interesting reading. At once, the Lokpal is judge and prosecutor. It
seeks an amalgam of the CAG, CVC and CBI, public policy evaluators and ombudsman
empowered by a mish-mash of Central Civil Service Rules and the Special Police Establishment
(SPEA) and Prevention of Corruption Acts (PCA).
In democratic India, an omnipresent Lokpal cannot be the arbiter of our nation‘s destiny,
indeed our conscience-keeper. Institutional integrity must not be wished away nor democratic
conventions of separation of powers summarily jettisoned. Nietzsche‘s warning that ―whoever
fights monsters should see to it that in the process he does not become a monster‖ is pertinent in
this regard. The Lokpal should therefore be made a five-member body comprising three jurists, a
civil servant and a prominent citizen from outside governments and be renamed the National
Accountability Commission. The Commission would exercise the powers of a High Court with
appeals lying only to the Supreme Court. All CBI Courts under the PCA would stand transferred
to the Commission and work as benches for it. Appeals in corruption cases would lie only before
the Commission. This would ease the pressure on High Courts that already have crores of
pending cases compounded by a shortage of nearly 300 judges. Unless the Commission is also
assured of administrative and financial independence from the executive, its efforts to enforce
accountability fearlessly would remain severely constrained as has been the case with the CAG
and CVC.
However, this alone is not enough. The Commission must also draft an enforceable and
definite timeline within which all pending cases would be decided, including in appeal, if any.
Hearings would be mandatorily held by the Commission and its benches held on a day-to-day
basis to clear the backlog if any example is to be set. GOI would have to provide full staff and
judge complements to the Commission and its benches within a stipulated time frame. Changes
in the relevant Acts and Rules that preclude unsanctioned action against officers of the rank of
Joint Secretary to GOI and above and outright dismissal of civil servants caught red-handed
accepting bribes or unable to satisfactorily explain their unaccounted wealth within a week of
being found, forfeiture of ill-gotten property within a month, etc. would also have to be
simultaneously set in motion by GOI. What happens to the CAG, CVC and CBI then?
1
2. Although the CVC, CBI and CAG of India have rendered yeoman service in highlighting
corruption and national waste, yet the efforts of these institutions have not yielded the desired
results, mainly owing to structural and legal constraints. The Constitution mandates CAG as an
advisory body even as it endows it with constitutional status while the CVC is a statutory but
advisory body. Both are incestuously headed by retired civil servants whose political affiliations
rather than merit determine their appointment. The CAG reports to Parliament‘s overburdened
Public Accounts and Public Undertakings Committees that too enjoy only advisory powers. The
CAG, CVC and CBI are also dependent on uncertain government grants and conformity with
civil service rules for their human resources. The CAG has only about 500-600 officers in the
Indian Audit and Accounts Service and a staff of about 50,000 when compared to the less than
300 officers and staff of the CVC. These skeleton staff covers about 130 GOI Ministries and
departments and their several thousand subordinate and attached offices, 26 states and Union
Territories, few thousand PSUs and Autonomous Bodies, several thousand panchayats, et al. The
CVC is also charged with covering the vast financial services sector of our economy. The CBI
covers the entire national government plus much more with its skeleton staff. Therefore CAG,
CVC and CBI need to be empowered to create their own establishments, independent of the
other civil services, a captive budget, engage experts at salaries determined by the institutions,
hire interns and absorb deserving ones into the Indian Audit and Accounts Service or CVC/CBI‘s
service, et al instead of creating a parallel authority in the Lokpal.
Recruitment rules for the posts of CAG and CVC/VCs currently favor only
superannuating bureaucrats. Essential qualifications should therefore be prescribed for posts of
the CAG and CVC and age restriction on such posts relaxed to 70 years or six years of service,
whichever is earlier. The CAG and CVC/VCs should also be debarred from any form of
employment under the Govt. and/or under the Constitution or in the private sector after
superannuation/resignation from service. Like the CVC, the CAG too should be a three-member
body with a legal & public policy, accounting & audit and administrative member each on the
lines of the Audit Commission in France. The VK Shunglu panel too has recently proposed a
multi-member CAG, although this was not suggested while Mr. Shunglu himself was the CAG.
The archaic and toothless CAG‘s (DPC) Act, 1971 needs to be repealed and the draft Public
Audit Bill submitted by CAG to GOI urgently passed in Parliament. In its eagerness to check the
corruption monster, the Jan Lokpal Bill ignores fundamental infirmities in the legal
environments, staffing and budgets of the CAG, CVC and CBI over the decades.
The CBI too is severely understaffed by a third and often has to rely on outside expert
opinion particularly in matters relating to white-collar corruption. The tendency to view all
investigations and intelligence gathering, domestic or foreign, as solely a policial activity is often
counterproductive and causes precious time to be lost. Warren Buffet‘s warning is apt, ―In
looking for people to hire, look for three qualities: integrity, intelligence and energy. And if they
don't have the first, the other two will kill you.‖ Instead of looking for police officers that States
are unwilling to remove from law and order duties, the CBI‘s staffing should include officers on
2
3. deputation from GOI‘s specialist Central Services and departments that would also provide in-
house domain expertise to it. The CBI should also look at hiring young graduates as interns and
training them up as professional investigators. Like CAG and CVC, the CBI needs to be freed
from the clutches of civil service regulations and have a captive budget of its own. The FBI is
not all police but its effectiveness is awesome – a possible role model not just in name. The
CBI‘s independence from the CVC needs to be urgently restored and it should form part of the
Prime Minister‘s Office.
Denial of records and inordinate delays in their release by audited offices to CAG is
frequent as are delayed or no replies to audit objections. Similarly, the advice of the CVC is
often not paid heed to or sanctions for prosecution withheld. The CAG and CVC also do not
have powers of search and seizure, mandated examination of civil servants, contractors and
suppliers, recoveries of lost revenue, etc. or the powers of a civil court. Unpunished dilatory
tactics by accused public servants similarly, makes a mockery of the CBI‘s cases. Evidently, the
draftsmen of the Jan Lokpal Bill, like good country doctors, believe that it is better to chop off
the head to cure the headache. Instead of attempting to depoliticize, build capacity and add teeth
to established structures, the Bill proposes a fundamental change in the Constitution‘s separation
of powers. The draftsmen also seem to suffer from the mistaken belief that public servants have
no fundamental rights even if they are caught red-handed. Therefore the Lok Pal cannot be a
parallel khap panchayat.
Hazare‘s ‗victory‘ is a hard-earned one. It would indeed be this nation‘s greatest
misfortune if such unparalleled public support did not bring accountability of its governors.
Cicero aptly put it, "A nation can survive its fools, and even the ambitious. But it cannot survive
treason from within….the traitor is the plague.‖ Institutions like the CAG and CVC have stood
us in good stead for the first half-century after Independence. It is time to empower these
agencies to tackle white collar crime and bring in men and women of integrity and knowledge to
lead and staff them. As Samuel Johnson pithily put it, ―integrity without knowledge is weak and
useless, and knowledge without integrity is dangerous and dreadful.‖
The author is a former civil servant who has served as Ambassador of India in Cuba, Chile and
Bolivia. He also served as Director of the erstwhile Historical Research Division in the Ministry
of External Affairs and was a Visiting Fellow at the Research Institute on Communist Affairs at
Columbia University (USA) while Dr. Zbigniew Brzezinski was its Director. He has also
represented India in international fora and is an expert on the Sino-Soviet border dispute and
India’s border issues with Sri Lanka and Myanmar.
3
4. Bringing in prominent citizens of established integrity and knowledge as Ministers and
Secretaries to Govt. of India in IT, Commerce, Finance, Power or Rural Development ministries,
metropolitan Municipal Commissioners, CIC, CAG, CVC and CEC would certainly break the
jaded and discredited Burra Babu culture at policy-making levels of the Govt. of India. Nandan
Nilekani now and NP Sen, Homi Bhaba, Vikram Sarabhai, SS Bhatnagar, K. Zachariah, PC
Mahalanobis, S. Gopal, Mantosh Sondhi in the past, are shining examples of men from outside
that joined government without the baggage of the past. Even among bureaucrats, LK Jha, IG
Patel, Sir Girija Bajpai, NR Pillai, Arun Roy, S. Ranganathan, V Narahari Rao and Subimal Dutt
spring to mind – not all of them came from a single part of the civil service and all were men of
sterling integrity who did not suffer deficits of ethics and governance. With their extensive
domain knowledge and courage of conviction, they created institutions and policy, mostly
missing. Should the government not therefore earmark 50% posts in the Central Secretariat at
Joint Secretary/Additional Secretary/Secretary for outsiders?
Over the last six decades, suitability-neutral recruitments to the bureaucracy in the guise
of social, geographical, economic and linguistic equity after Independence have adversely altered
the complexion of the civil service and allowed segments of it to become powerful, clannish,
greatly corrupt, grossly inefficient and insufferably arrogant. Party to such nepotism is the
Minister who, as Edward Gibbon said is ―an absolute monarch…..rich without patrimony…..
charitable without merit.‖ How else would one explain a major ministry in the Govt. of India
manned by senior IAS officers from a single state cadre or less than qualified officers holding
key posts in Union Ministries by patronage than merit? Would the Lokpal look into this critical
issue?
Models of governance are changing fast – Public-Private Partnerships (PPPs), services
delivered via NGOs, large-scale direct transfers of funds to the States for infrastructure and
poverty amelioration, tax administration, disinvestment in PSUs, pension funds, et al require
professional competence, domain knowledge and integrity to implement in the best public
interest. Unless appointments to posts of strategic decision-makers are transparent and merit-
based, incest inherent in the present hijacked private limited system would eventually and fully
corrode India‘s social and economic fabric, even as it attempts to feebly portray itself as the
second economic giant of the 21st century. The Jan Lokpal Bill addresses the issue of punishment
but does not redress a major root cause of such unparalleled grand corruption. Should
transparency and participation of doyens of civil society not be insisted upon in the matter of all
senior appointments too? If the top management is competent and prevailed upon by imminent
possibility of strong retribution for corruption, the municipal inspectors, traffic constables and
the like would think twice before harassing a common citizen for pecuniary gain.
Section 2(c)(i) of the Prevention of Corruption Act (PCA), 1988 is an omnibus section
that covers ―any person in the service or pay of the Government or remunerated by the
Government by fees or commission for the performance of any public duty.‖ By implication,
4
5. then all constitutional functionaries (including the PM), judges, etc. The ambit of Section 2(c)
includes ―persons falling under any of the above sub-clauses are public servants, whether
appointed by the Government or not.‖ If this is enforced, where is the need to include this in the
terms of the Lokpal? Instead the Lokpal could find place in lieu of Sections 3-5 of the PCA with
an array of special courts reporting to him. Indeed a 3-member Lokpal vested with the powers of
the Supreme Court for the PCA and related Acts and Rules at the head of a state wise PCA Court
vested with the powers of a High Court would create a separate fast track channel of justice and
obviate the decades-long delays inherent in the present system. At least High Courts running at
two-thirds of their sanctioned strength and 3.2 crore pending cases would not be overburdened.
Is this then not a much-needed systemic reform upon which the Lokpal‘s success or failure
would hinge?
Section 6(2) of PCA provides for summary trials in specific cases while Section 6(2)
restricts the right of appeal where the Judge ―passes a sentence of imprisonment not exceeding
one month, and of fine not exceeding two thousand rupees whether or not any order under
section 452 of the said Code is made in addition to such sentence.‖ Shouldn‘t this be increased to
at least five years rigorous imprisonment plus appropriation of all seized assets (beyond the
normal earning capacity of an employee) in cases where an employee is caught red-handed
accepting a bribe or physically found to be in possession of assets beyond his/her known sources
of income? What would the Lokpal do if the PCA did not provide them a stick to beat corrupt
employees with?
Chapter-III of the PCA details the types of illegal gratification and prescribes punishment
for each category, none of which extends beyond five years simple imprisonment plus a fine and
for criminal cases up to seven years. However, the quantum of punishment and fine is left to the
learned PCA judge‘s discretion. Why not adopt US law that makes it mandatory for the judge to
impose fines and punishments quantified in the law? Thus for an employee caught red-handed
accepting a bribe of say, a crore of rupees, the punishment could be three years‘ rigorous
imprisonment, forfeiture of the ill-gotten money by the State and a fine of Rs. 5 lakh. It is
important that the proposed Lokpal Bill does not provide a negotiating counter to the judiciary
against the State. The same punishment would be imposed on the bribe giver, apart from being
blacklisted from all government contracts for a period of five years.
The most fundamental question that comes up relates to Chapter-IV of the PCA that
entrusts investigation under PCA to the CBI. The concept of social audit is yet to take off in this
land. In MNREGA, where it has to some extent, the results are startling. The government
machinery is already overstretched and corrupt. Then where does the government‘s lie in its
objection to permit its subjects to partake in law making and enforcement. One is not talking of
Salwa Judum or any other form of militant vigilantism that we are witnessing in North Africa
and the Middle East. What I am looking at is the right of a perfectly respectable educated citizen
like an IT engineer, a PSU engineer, the neighborhood physician, a voluble housewife and an
interior designer to inspect public works in their residential locality, check quality of potable
5
6. water, monitor the performance of gardeners in public parks and sanitation staff on roads or
teachers in government-run schools? Indeed this type of social vigilantism is most desirable
when government is withering and governance vanishing. The institution of the Lokpal is a
punitive one, not one that would look into performance of government departments. Then why
not allow consumer courts to entertain complaints filed by Residents Welfare Organizations for
deficient service and empower these courts to punish and fine the rank and file of government
operatives at the lower level?
The Jan Lokpal Bill holds the Lokpal responsible for questioning delays in public works,
harassment of citizens by public servants, et al. This would seem to render internal audit and
statutory audit by the CAG of India redundant. Instead of overburdening the Lokpal, would it not
be better to pass the Public Audit Bill that has been gathering dust for over a year in Parliament?
Like a three-member Lokpal, why cannot the CAG be treated similarly as a multi-member
institution? Empowering the CAG for search and seizure, recoveries of revenue, filing police
complaints against delinquent public servants and requisitioning the help of state police, release
his reports in public for without waiting for the Ministry to place his reports at their time in
Parliament? The CAG needs to be empowered to create his own establishment independent of
the other civil services, a captive budget, engage experts at salaries determined by him, hire
interns and absorb deserving ones into the Indian Audit and Accounts Service, et al. The Lokpal
does not hold any monopoly of the nation‘s conscience. Collectively, the CAG, CVC, CEC,
courts and many others do.
The existing PCA needs to be repealed and replaced with a new PCA that would include
the Lokpal, CAG, CVC and CBI in its ambit, each with an individual role of its own. At the
same time, ambiguous recruitment rules for senior management posts in the GOI need to be
rewritten providing specific mandatory qualifications for each post and recruit by public
advertisement, keeping 50% posts for civil servants. Similarly, qualifications should be
prescribed for posts of the CAG, Lokpal, CEC, CIC, CCI, etc. and age restrictions on such posts
relaxed to 70 years of age given Census 2011‘s statistics of rising longevity. Civil servants
should also be debarred from any form of employment either under the Govt. and/or under the
Constitution after superannuation/resignation from service, including to posts of CAG, CEC,
CIC, CCI, etc. At the same time, the process of impeachment prescribed for certain constitutional
functionaries should be limited to professional misconduct only. Even then impeachment rules
should provide for impeachment by Parliament by a simple majority of members present and
voting, instead of the present two-thirds. For acts within the purview of the PCA an order of
dismissal by the President of India would suffice. However, I entirely agree with the Jan Lokpal
Bill in abolishing the discredited CVC that has proved to be more of a handmaiden of
convenience for both civil servants and ministers, as the recent case of Mr. PJ Thomas shows.
Anna Hazare‘s ‗victory‘ is a hard-earned one. Public euphoria and active support of the
intelligentsia is what it needs to become reality. It would indeed be this nation‘s greatest
misfortune if such unparalleled public support did not bring accountability of its governors.
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7. Cicero aptly put it, "A nation can survive its fools, and even the ambitious. But it cannot survive
treason from within….the traitor is the plague.‖ When the plague menaces a nation, the measures
to curb it should be equally, if not more, Draconian for it impinges upon our integrity and
international self-respect, indeed our survival as a nation – the Lokpal is simply not enough.
(2033 words)
The author is a former civil servant who has served as Ambassador of India in Cuba, Chile and
Bolivia. He also served as Director of the erstwhile Historical Research Division in the Ministry
of External Affairs and was a Visiting Fellow at the Research Institute on Communist Affairs at
Columbia University (USA) while Dr. Zbigniew Brzezinski was its Director. He has also
represented India in international fora and is an expert on the Sino-Soviet border dispute and
India’s border issues with Sri Lanka and Myanmar.
Integrity without knowledge is weak and useless, and knowledge without integrity is dangerous
and dreadful.
— Samuel Johnson, English writer and lexicographer (1709-1784)
In looking for people to hire, look for three qualities: integrity, intelligence and energy. And if
they don't have the first, the other two will kill you.
— Warren Buffet, American financier (b. 1930)
A foolish consistency is the hobgoblin of little minds, adored by little statesmen, philosophers
and divines.
— Ralph Waldo Emerson, American essayist, philosopher and poet (1803-1880)
Whoever fights monsters should see to it that in the process he does not become a monster.
— Friedrich Nietzsche, German philosopher (1844-1900)
”Every great institution is the lengthened shadow of a single man. His character determines the
character of the organization.” Ralph Waldo Emerson
Our government is the potent, the omnipresent teacher. For good or for ill, it teaches people by
example. If the government becomes the law-breaker, it breeds contempt for law and invites every man
to become a law unto himself.
— Louis Brandeis, U.S. Supreme Court Justice (1856-1941)
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