To
Shri K.P. Singh
Director, Rajya Sabha Secretariat
201, Second Floor
Parliament House Annexe
Sir,
In response to invitation for suggestion on The Lokpal Bill 2011, I am submitting memoranda to the standing committee through email. I have also posted the hard copy. My submission is divided into 3 parts
1. My view on Lokpal Bill
2. My observation on Jan Lokpal Bill version 2.3 prepared by Anna Hazare and his team
3. My observation on NCPRI Lokpal bill as available in public domain -
I refrain from making any comments on government version of Lokpal Bill 2011 as I believe it requires thorough revision. The deficiencies of the government Lokpal bill are well document in NCPRI site under section 'Major Amendments suggested to the Government Lokpal Bill' of the above URL. The difference between Jan Lokpal and Government version of Lokpal is also documented in public site –
My View on Lokpal
The fight against corruption lies in two prong strategy – proactive and reactive. In a proactive measure we must try to prevent corruption through use of technology, improving quality of life and eliminating inconvenience. In reactive mode if corruption happens there must be a fool proof mechanism to investigate, prosecute and provide free and fair trial to corrupt people. Let me describe the structure of Lokpal with the following diagram.
The fight against corruption lies in two prong strategy – proactive and reactive. In a proactive measure we must try to prevent corruption through use of technology, improving quality of life and eliminating inconvenience. In reactive mode if corruption happens there must be a fool proof mechanism to investigate, prosecute and provide free and fair trial to corrupt people. Let me describe the structure of Lokpal with the following diagram.
I think it may not be a good idea to have a monolithic all powerful single Lokpal with power to both prosecute and judge any corruption. Prosecution and Trial Lokpal must be separate and independent bodies. We also need a Lokpal which will identify measures to prevent corruption. I would like to see NGO, religious organizations, lower bureaucracy, corporate under Lokpal. Judiciary may be kept out of Lokpal. Let there be multiple independent Lokpal with similar structure as follows
1. Lokpal for Prevention
2. Lokpal for Prosecution (covered in Jan Lokpal and NCPRI Lokpal)
a. higher bureaucracy Lokpal
b. lower bureaucracy Lokpal
c. NGO, Corporate and Religious Organization Lokpal
d. Grievance Redressal Lokpal
3. Trial Lokpal (covered in Jan Lokpal as part of prosecution Lokpal)
Prevention Lokpal
I propose to setup a Lokpal whose sole objective is to prevent corruption through use of technology, improving quality of life and eliminating inconvenience in daily life.
1. Use technology
The best example of how technology can eliminate corruption is computerized railway reservation system. Lokpal and Lokauykt must proactively identify areas where use of technology will eliminate corruption. They will prepare a detailed report and submit the report to government of India
1. Loss of revenue due to non payment of VAT
2. Appointment of teachers in schools is a great source of corruption
3. Post office employees ask for bribe during encashment of Kisan Vikas or NSC
4. Bank employee asking for bribe during loan sanction
5. Police posting in important area of the city. In Calcutta Burrabazar is considered to be most coveted area for posting among police constables. This posting is auctioned for millions of rupees because one can earn in crores through bribes.
6. Municipal Corporation asking for bribes from builders for plan sanction, water connection, issuing completion certificate.
Role of Lokpal
Many of the corruptions can be tackled by simplification of process and use of technology. Lokpal must have the authority to recommend better process management and use of technology. Government of India
2. Improve quality of life
In my view people become corrupt for the following reasons.
Bad association. When we were young, we always take a very high moral ground until we meet greedy people who killed their conscious long back. So we need to introduce some kind of awakening class by some honest respectable persons. I firmly believe that even the most corrupt person always wanted to have dignified life in their subconscious state.
Ugly work environment – Once I had been in income tax office in Kolkata. No sane people can work there – from dust to pile of papers to broken chairs to exposed electric wiring, it is just a hell. Few years back I was watching a TV programme showing a police station in Bihar . If we had slightest respect for human being, we would not ask anybody to work in such an inhuman condition. I believe smart workplace will produce smarter people with positive outlook about life.
In order to promote quality of life I propose
1. Increase of pay packet. Minimum CTC should be Rs 20,000 for a 5-member family with one earning member.
2. Encourage people to live a little bit of luxurious life. Issue surprise gift voucher of Rs. 2,000 to Rs. 5,000 from brand names. It is very important to have some level of aspiration in life. Let people enjoy the joy of shopping in Mall during festive session.
3. Make the workplace look beautiful and enjoyable. There is a sharp difference in productivity between people working in Delhi
4. Let everybody vote for the most honest person within his or her department for that month every month. This will make other ashamed so that they will try to change themselves.
5. Elect person of the month in every department.
6. Sack repeated non-performer and counsel low performer.
7. Oversee punctuality i.e. ensure that everybody is working 40 hours a week. Outsource this job to a third party. I know there will be all round protest from the unions, politicians. But at some point government has to be firm. We have tolerated coming to office late and leaving early for last 40 years. Time has come to implement some basic discipline.
Role of Lokpal
Lokpal will recommend government innovative ways to improve quality of life that will eventually help to reduce corruption.
3. Eliminate inconvenience
Causing inconvenience intentionally or unintentionally is a dangerous form of corruption. Inconvenience is caused due to many factors like incompetence of the concerned departments, bad planning, failure to complete big ticket public welfare project on time, criminal negligence of person in charge. Let me state few common inconveniences we face in our daily life
1. Lack of proper garbage disposal system. Garbage is lying open on the road
2. Highly indiscipline traffic because lack of lane and all sorts of vehicle on the road - cars, buses, cycles, auto rickshaws, bullock carts, elephants
3. Damaged roads, no pavements for pedestrians, pavements occupied by hawkers
4. Mosquito causing Malaria, dengue and other diseases
5. Open drains with full of mud
6. Stray street dogs all over the city
7. Dirty toilets of railway coaches and dirty railways stations.
8. No drinking water in rural area
9. Calling political rally during weekdays and Saturday
10. Non availability of ambulance during emergency
11. Extremely poor medical facilities in government hospitals
Quality Assurance Group
I propose to set up a Quality Assurance Group (QAG) in each department. The objective is to prevent breakdown of process and fix it, if broken. The responsibilities of QAG should be
1. Define the business process of every department graphically along with an operational manual.
2. Monthly checklist based audit of every unit of each department (e.g. all hospitals of health department). All non conformances raised should be logged, root cause analyzed, action point identified and tracked to closure.
3. Perform Pareto analysis and identify actions to eliminate common categories of problems
4. Define key performance indicators (KPI) like customer satisfaction index for each department/unit in quantitative term (e.g. for hospitals ask patients to fill up satisfaction survey form with 10 questions). Set a goal for each KPI and baseline them.
5. Measure KPI monthly and any deviation from the goal needs to be root caused and corrective actions to be taken.
Role of Lokpal
The scope of Lokpal would be
1. Lokpal will ensure that each department creates QAG
2. Lokpal will ensure that QAG conducts audits on a regular interval
3. All non compliances (NC) reported by QAG must be copied to Lokpal. If the concerned department fails to close those NCs in a timely manner, Lokpal will take appropriate action
4. Lokpal will have authority to take suo motu cognizance of public inconveniences (as above) and identify owner to fix it
5. Lokpal will interact closely with QAG of each department
6. Lokpal will oversee big projects of 50 crore and above (like completion of fly over) including projects like MNERGA for quality assurance and schedule overrun only. It will not interfere into project management or cost overrun or quality control
7. Lokpal should closely monitor projects from MPLAD
8. Lokpal is not an investigative agency like CID. It will not look into corruption or review the policy matters of the concerned departments. It will only check violation of defined process to pre-empt corruption.
9. Lokpal may act as a whistle blower for potential or actual wrong doing.
My observations on Jan Lokpal Bill version 2.3
The Jan Lokpal documents detailed measures to prevent corruption at all levels, especially at lower levels. I would like to add one section in the Jan Lokpal bill.
Deterrence
Today people don’t care about law. Those who indulge corruption believe that they can get away with any kind of crimes through political nexus and slow judicial process. I have few suggestions for deterrence
1. Quick identification of corrupt people with the help of technology such as lie detector, brain mapping and others. These technologies are reliable beyond reasonable doubt. If someone knows that he/she will be caught within couple of weeks of committing a crime, they will think ten times before doing the same. Investigation wing of Lokpal must use these machines to establish prima facie. Output of lie detector and other such machines must have legal binding.
2. Another form of deterrence is indictment of spouse if she/he has the knowledge of the corruption of their other half. Lokpal should have the power to indict spouse for knowledge of crime.
My specific comments on Jan Lokpal bill are as follows
1. Same Lokpal doing investigation, prosecution, judging and punishing will lead to bias. So, there should be two separate Lokpal - one for prosecution and other for trial
2. Trial Lokpal will have the following authority (not prosecution Lokpal)
a. Right to freeze the asset of accused if convicted.
b. Chapter III - Functions of Lokpal - point 6.c - after completion of investigation in any case involving an allegation of an act of corruption, to impose punishment of dismissal, removal or reduction in rank against government servants after giving them reasonable opportunities of being heard.
c. Chapter III - Functions of Lokpal - point 6.n - to attach property and assets acquired by corrupt means and to confiscate them in certain cases as provided under this Act.
d. Chapter III - Functions of Lokpal - point 6.o - to recommend cancellation or modification of a lease, license, permission, contract or agreement, if it was obtained by corrupt means and to recommend blacklisting of a firm, company, contractor or any other person, involved in an act of corruption.
e. Chapter III - Functions of Lokpal - point 6.p - to ensure due compliance of its orders by imposing penalties on persons failing to comply with its orders as provided under this Act
f. Chapter III - Powers of officers under Lokpal - point 7.4 - A Lokpal bench may punish a public servant with imprisonment up to 6 months or with fine or both, if he fails to comply with its order for ensuring their compliance
g. Chapter III - Issue of Search Warrant - point 9 - Trial Lokpal will have right to issue search warrant
h. Chapter XII - point 22 - the jurisdiction for penalties and punishments against corrupt public servants must lie with Trial Lokpal only
3. Chapter I point 2(e) - Act of corruption should also include – ‘subjecting common man into misery or great difficulty or inconvenience due to negligence, bad planning or incompetence’. If garbage lies on the road it is a great inconvenience for the neighborhood.
4. There must a Lokpal bench in each of the 5 zones in India. Proper video conferencing facility must be there between each zone.
5. Chapter II - Establishment of Lokpal point 4.6 - At least 10 members from civil society from all parts of India
6. Chapter II - Establishment of Lokpal - point 4.25 - The Chairperson and members of Lokpal shall not be eligible for appointment to any position in the Government of India or the government of any State or any such body which is funded by any of the Governments or for contesting elections to Parliament, State Legislature or local bodies. The restriction should continue for 2 years after demitting office.
7. Behavior of MPs within parliament should be outside the purview of Lokpal.
8. Chapter III - point 6(w)- reward scheme to encourage complaint should not be more than Rs 25,000
9. Chapter III - point 8 - Lokpal will not have the authority to tap phone or intercept email or internet account. This will be intrusion to one's privacy. Corrupt people will find more innovative way other than use of personal phone and internet to avoid detection.
10. Chapter IV - point 10.4 - A complaint by any person may be made through internet
11. Chapter V - point 11.5 - If the complaint against Lokpal is frivolous or has been made with malafide intentions, Supreme Court will warn the complainant on first instance and may impose fine on subsequent occurrence. There should not be any jail term for frivolous complaint.
12. Chapter V - Appeal against the orders of Lokpal - point 12 - High court may stay the order of Lokpal for indefinite period. There should not be any time limit and there cannot be any automatic vacation of stay after two months. Currently high court and Supreme Court does not have enough bandwidth to close Lokpal orders if challenged in a time box manner. I would suggest use of technology like lie detector to expedite cases.
13. Chapter V - Audit of Lokpal point 13.2 - If Lokpal does not accept recommendation of parliamentary committee and the committee insists on accepting the recommendations, the matter should be referred to SC.
14. Chapter VII - 17.1 - Supreme Court and High Court judges should be outside the purview of Lokpal
15. Chapter X - Timely completion of investigation and trials for corruption - Lokpal and Lokaukt will open the floodgate of cases. HC may not have enough bandwidth to complete the trial within 1 year unless number of High Court judges is increased by 5 times and retirement age of judges extended to 75 years.
16. Chapter XIII - Grievance redressal system - 25.1 - Each public authority shall prepare a specific charter within a reasonable time not exceeding one year from the coming into force of this Act. The charter must be reviewed and approved by concerned minister. The charter should be prepared within 6 months.
17. Chapter XIII - Grievance redressal system - 25.4 - What will happen if government does not provide resources to implement citizen charter.
18. Chapter XIII - Grievance redressal system - 25.5 - What will happen if grievance redressal officer does not accept complaint? Complaint may be made through internet also.
19. Chapter XIII - Grievance redressal system - 25.9 - suitable penalty should be made on erring officer as well.
20. Chapter XIII - Grievance redressal system - 25.10 - What will be quantum of departmental punishment. In my view grievance redressal officer and erring officer must be prosecuted in Trial Lokpal for negligence of duty.
21. Chapter XIV - Budget of Lokpal - We need complete breakup of budget in terms of number of Appellate Grievance officers and investigating officers, number of offices, communication link, transport, state of the art equipments for investigation, training of officers, salary. Budget should be broken into yearly operational cost and one time investment.
22. Chapter XVI - Public servants property statements - disclosure of assets and liabilities of public servants to the website may put the life of public servant in danger of extortion. Property statement should be kept secret and must be used during investigation.
23. Chapter XVIII - Punishments for false complaints - point 30.1 - 'Provided that if such complaint is against the staff or officers of Lokpal, Lokpal may sentence the complainant to three months of simple imprisonment in addition to fine' - there should not be any imprisonment.
24. Chapter XVIII - Provisions to prevent Corruption - point 31.1 - No government official shall be eligible to take up jobs, assignments, consultancies, etc. with any person, company, or organization that he had dealt with in his official capacity. - I think the restriction should be limited to 2 year.
My observations on NCPRI Bill
In principle there is hardly any difference between JanLokpal and NCPRI Lokpal. All the differences are structural. In fact both the bills compliment each other. My observations are
1. I support the idea of multiple independent Lokpal
2. Grievance Redressal section of NCPRI is more detailed than Jan Lokpal. NCPRI Grievance Redressal can be taken as basis of the debate.
3. Whistle Blower section of NCPRI is also very detailed that can be the basis for further discussion. My only comment is we cannot make it obligatory for people, especially those working within organisations, to blow the whistle every time they became aware of a potential or actual wrongdoing. Whistle blowing should be optional.
4. We don't need to extend the power of CVC to prosecute lower bureaucracy. There should be a separate Lokpal to prosecute lower bureaucracy.
5. 'Collective and Concurrent Lokpal Anti Corruption and Grievance Redress Measures' of NCPRI is more or less in line with Jan Lokpal which is more elaborate.
Anna is misusing the Gandhian principles of taking to fast as a mode of protest. His fast protests have no meaning as fasting is his hobby. Anna is very ignorant, rustic, stubborn, ill-mannered, self-righteous and disrespectful. Ideas are completely misplaced.
ReplyDeleteHow can govt surrender its roles and responsibilities to the fanatice puplic like Anna & team? How can we have people without being elected involve in debate and making laws? Anna & team are forcefully seeking this kind of jobs in the government.
Government must ensure public sanity and curtail Anna menace during this festive season of Christmas and New Year.
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