Tuesday, 31 May 2011

Lokpal: The way to be corrupt!!!!!

We the people of India, probably the most powerful citizens of the world. Then too, we are the sufferer of the corruption and the reason is abuse of power by ourselves. Now when the Lokpal has been drafted, confliction has been arisen in between government and civil societies. Lokpal as an anti corruption law must be intended to create transparency in the public affairs and not to ruin the democratic status of government by establishing a separate government directly or indirectly. I am not able to understand that why we are bound by the collective opinion. We need lokpal to eradicate the corruption not to eradicate the democratic structure or the basic structure of the constitution.Punishment under the lokpal law must be gieven according to the gravity of the offence not according to the post hold by public servant.  Lokpal must not have any power to play with the independence of the judiciary. Judges cannot be subject to lokpal, they can only be removed by the impeachment proceeding which is given under the constitution. Secondly lokpal cannot be the highest adjudicatory body in the country in any subject matter. The decision of the Lokpal must be subject to the appeal in Supreme Court.  Under the constitution of India, when Supreme Court is created as a highest adjudicatory body then how lokpal can be a final adjudicatory body in India? Again we are going to vest the absolute power in the Lokpal which can be responsible for corruption. People must have right to appeal. By enacting lokpal, we can’t overlook general principle of law. Reasonable opportunity must be given to the person to prove himself as innocent by way of right to be heard and right to appeal. Supreme Court is a guardian of the constitution and in that situation, we can’t overlook the supreme Court. Here I am afraid, if lokpal will be corrupt. In my opinion, lokpal must come under the purview of lokpal and there must be the provision of appeal against the decision of lokpal. Otherwise lokpal can be responsible to raise the corruption in the country because power corrupts and absolute power corrupts absolutely.  So now everything is in your hands. We don’t want one more act. We just want strong and impartial mechanism to eradicate the corruption by not overlooking the general principle of law and the basic structure of the constitution. Right now we are going in the direction to give lokpal the way to be corrupt. Really well said by someone that how we frame collective opinion show what type of people we are.

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