Atish Ji,
Thank you very much for the detailed replies. It takes a lot of effort indeed.
1. There is a suggestion that CVC can be merged in lokpal by Mr. Buch, I have suggested the same in one of my post and that came by instinct only, I have never read it anywhere. I say citizens charter, public grievance redressal should also be under lokpal.
2. The Jan lokpal includes citezen's charter which Mr. Buch talks about punishing the public officer who doesn't perform his duties in timely manner.
3. There is a provision of Public Grievance redressal in the Jan lokpal, same is being suggested by Mr. Buch.
4. Jan lokpal also have provisions for false complaints and punishment to this kind people.
5. Jan Lokpal has provisions for the security of whistle blowers.
6. CBI is not the only agency which deals the sensitive issuses, there is RAW, IB and newly established NIA. Bringing anti-corruption unit of CBI under lokpal will not hurt the independence of CBI in anyway. CBI under executive control has been misused and we all know that. Why it can't be made independent like EC or CAG?
7. A separate investigating agency can be constituted under lokpal if CBI doesn't want to be under lokpal but CBI must be independent.
8. CAG is accountable to the parliament through president, report of CAG can not be altered or disapproved by the executive, it has to be tabled in the parliament as it is with an ATR (action taken report) by the executive. Executive is accountable to the parliament. There is a balance of powers between judiciary, executive and parliament but parliament is supreme if any conflict arises (excluding fundamental provisions of the constitution where supreme court has upper hand). Parliament can enact a law within fundamental areas of the constitution and even supreme court can not override it. CAG has autonomy in tenure, financial and functional areas. EC has almost the same status. Same can be given to lokpal, whats the harm?
9. The govt. has brought several bills on the issues covered by Jan lokpal like public grievance redressal bill, whistle blowers bill, the citizens charter bill and judiciary accountability bill. I am not in favor of bringing higher judiciary under lokpal so OK with separate judiciary accountability bill but others could be brought under one institution is that lokpal as all these deal with almost the same area.
10. As I said, CBI must be autonomous body, no need to bring CBI under lokpal but anti-corruption unit should be under lokpal or give a separate investigative agency to lokpal. If we can have CBI, IB, RAW, NIA etc., I think we can afford one more.
11. As we all know, investigative agencies and prosecution work very closely so no harm in giving these powers to lokpal.
All in all, I say that Jan lokpal meets most of things suggested by Mr. Buch. As far as administrative reforms are concerned, if the govt. and the system are not bringing them, who can force. If our bureaucrates and politicians had been honest, we wouldn't need any lokpal or CVC or anything.
I don't really believe Mr. Buch that the IAS/IPS and the politicians before 1967 were that honest and well-wisher of the Indian public. IAS/IAS have legacy from the British era and they still carry it. Before 1947, they worked for Britishers and after that, they worked/working for the brown Britishers. How many IAS/IPS have left the services to protest against unethical political pressure? only a few I guess. I would say, bureaucrates and politicians are all hand in glove. They have an established system and resist any change.
I would also say that lokpal may not be able to remove/control corruption 100% and remove all wrongdoings but I am sure it will help in a great way. We have seen administrative reforms commissions, one of which was headed by Veerappa Moily too but haven't seen many changes so we can't just wait for another one and let it's recommendations die in oblivion.
Thank you very much for the detailed replies. It takes a lot of effort indeed.
1. There is a suggestion that CVC can be merged in lokpal by Mr. Buch, I have suggested the same in one of my post and that came by instinct only, I have never read it anywhere. I say citizens charter, public grievance redressal should also be under lokpal.
2. The Jan lokpal includes citezen's charter which Mr. Buch talks about punishing the public officer who doesn't perform his duties in timely manner.
3. There is a provision of Public Grievance redressal in the Jan lokpal, same is being suggested by Mr. Buch.
4. Jan lokpal also have provisions for false complaints and punishment to this kind people.
5. Jan Lokpal has provisions for the security of whistle blowers.
6. CBI is not the only agency which deals the sensitive issuses, there is RAW, IB and newly established NIA. Bringing anti-corruption unit of CBI under lokpal will not hurt the independence of CBI in anyway. CBI under executive control has been misused and we all know that. Why it can't be made independent like EC or CAG?
7. A separate investigating agency can be constituted under lokpal if CBI doesn't want to be under lokpal but CBI must be independent.
8. CAG is accountable to the parliament through president, report of CAG can not be altered or disapproved by the executive, it has to be tabled in the parliament as it is with an ATR (action taken report) by the executive. Executive is accountable to the parliament. There is a balance of powers between judiciary, executive and parliament but parliament is supreme if any conflict arises (excluding fundamental provisions of the constitution where supreme court has upper hand). Parliament can enact a law within fundamental areas of the constitution and even supreme court can not override it. CAG has autonomy in tenure, financial and functional areas. EC has almost the same status. Same can be given to lokpal, whats the harm?
9. The govt. has brought several bills on the issues covered by Jan lokpal like public grievance redressal bill, whistle blowers bill, the citizens charter bill and judiciary accountability bill. I am not in favor of bringing higher judiciary under lokpal so OK with separate judiciary accountability bill but others could be brought under one institution is that lokpal as all these deal with almost the same area.
10. As I said, CBI must be autonomous body, no need to bring CBI under lokpal but anti-corruption unit should be under lokpal or give a separate investigative agency to lokpal. If we can have CBI, IB, RAW, NIA etc., I think we can afford one more.
11. As we all know, investigative agencies and prosecution work very closely so no harm in giving these powers to lokpal.
All in all, I say that Jan lokpal meets most of things suggested by Mr. Buch. As far as administrative reforms are concerned, if the govt. and the system are not bringing them, who can force. If our bureaucrates and politicians had been honest, we wouldn't need any lokpal or CVC or anything.
I don't really believe Mr. Buch that the IAS/IPS and the politicians before 1967 were that honest and well-wisher of the Indian public. IAS/IAS have legacy from the British era and they still carry it. Before 1947, they worked for Britishers and after that, they worked/working for the brown Britishers. How many IAS/IPS have left the services to protest against unethical political pressure? only a few I guess. I would say, bureaucrates and politicians are all hand in glove. They have an established system and resist any change.
I would also say that lokpal may not be able to remove/control corruption 100% and remove all wrongdoings but I am sure it will help in a great way. We have seen administrative reforms commissions, one of which was headed by Veerappa Moily too but haven't seen many changes so we can't just wait for another one and let it's recommendations die in oblivion.