కులం, మద్యం రాజకీయాల నుంచి రాష్ట్రాన్ని రక్షించుకుందాం: లోక్ సత్తా

Let us save State from politics of Liquor and caste: Lok Satta

The Lok Satta Party today appealed to people, especially youth, to gird up their loins for saving the State from the politics of liquor and caste.

The party observed Mahatma Gandhi's death anniversary at its headquarters with leaders garlanding his portrait.

Addressing a gathering, State Lok Satta Party Secretary P. Bhaskara Rao said that while Mahatma Gandhi sacrificed his life for preserving Hindu-Muslim unity, political parties which claim to be his descendants and others proclaiming adherence to his values are today engaged in fomenting communal and caste rivalries and using liquor as a means to retain or come into power. Desecration and destruction of statues of leaders like Dr. B. R. Ambedkar are part of this game, which results in perpetuation of poverty.

Party leaders L. V. Ramaraju, D. Lakshmi, G. Bhavani and Jeevanalatha were among the participants.

యానాం ఘటనలపై కేంద్రం విచారణ జరపాలి - లోక్ సత్తా డిమాండ్

కులాల మధ్య చిచ్చుకు కుట్రలు: లోక్ సత్తా హెచ్చరిక

Center should probe Yanam incidents: Lok Satta

Lok Satta Party President Dr. Jayaprakash Narayan today asked the State Government to prevail upon the Union Government to institute a thorough inquiry into the Yanam incidents. Although Yanam forms part of Puducherry Union Territory, Andhra Pradesh has a stake in it as yanam’s economy is intertwined with the Godavari districts of AP.

In a media statement, Dr. JP said that a central agency should probe whether any vested interests instigated trouble at Yanam for personal gain. Vested interests to whichever side they belonged should be punished

Dr. JP said the Yanam incidents resulting in loss of two precious lives and injuries to many were extremely sad. Such incidents would vitiate industrial climate, disrupt economic growth and sap people’s faith in the country’s future.

For last 15 years, managements and labor all over the country have forsaken the path of confrontation and been working together in mutual interest. As a result, profitability and productivity of enterprises and workers’ incomes have gone up.

The recent events at Maruti’s car factory at Manesar in Gurgaon and at Regency Ceramics in Yanam are, therefore, extremely unfortunate. Unless we learn the right lessons quickly and take vigorous preventive steps now, these isolated incidents could undermine national morale and affect economic growth and employment adversely.

Lok Satta warns of attempts to divide castes

Lok Satta Party President Dr. Jayaprakash Narayan today wanted the Government to come down heavily on those who are attempting to foment communal trouble by defiling or damaging or destroying Amebedkar statues.

In a media statement, Dr. JP said that stirring up enmity between two castes is no less heinous than spreading disaffection between Hindus and Muslims.

He asked the Government to restore the desecrated statues and consider installing a statue of Ambedkar in the State Legislature.

Dr. JP recalled that the Lok Satta Party had chosen Mahatma Gandhi and Dr. B. R. Ambedkar as its twin icons. Gandhi stood for ethical politics and Ambedkar for rule of law, institutionalism and equal opportunities for all. Regarding a modern nation builder like Ambedkar as a Dalit leader is not merely a folly but an insult to the nation, Dr. JP added.

Dr. JP wanted the State Government to evolve a long-term policy on erection of statues of other than national leaders’ and sensitize people about it. Erection of thousands of statues all over the State without any due process will lead to chaos and anarchy.

అవినీతి, అవిద్యపై దృఢసంకల్పంతో పోరాడదాం

Let us fight corruption & illiteracy: Lok Satta

Eradication of corruption and illiteracy and building a nation that offers equal growth opportunities to all are the tasks before us, said Lok Satta Party Working President D. V. V. S. Varma.

Addressing a gathering after unfurling the national flag at the party headquarters to mark Republic Day, Mr. Varma said that corruption which was sporadic and petty in the early years of our republic has now grown into a leviathan, obstructing development. Constitution of powerful and independent agencies like Lokpal and Lokayuktas is necessary but not enough. Corruption can be ended only when the political system responsible for its survival and growth is overhauled.

Mr. Varma said that our failure to ensure quality education to all has come in the way of India leaping forward economically. An OECD study says that Indian higher secondary students rank higher than those from Kyrgyzstan only.. The standards of Indian students in Class VIII are equal to those of their counterpart Koreans in Class II. Although Governments have been spending billions of rupees every year, educational standards are abysmally low.

Party leaders Katari Srinivasa Rao, K. Gita Murthy, M. Satyanarayana and P. Sivaji Raju took part in the meeting.

Later, Mr. Varma flagged off a tableau for the party’s anti-liquor rally from Durgabai Deshmukh Hospital to Indira Park. The Republic Day tableau depicts Andhra Pradesh’s tremendous progress -- not in its economy but in liquor consumption.

Lokpal ... What Next?

The telugu version of the following can be downloaded from http://www.loksatta.org/cms/documents/lokpal/LokpalWhatNext.pdf

The year 2011 ended leaving dissatisfaction all round, and the much-anticipated law creating a strong, independent, high Ombudsman is delayed. Inevitably, there is a lot of blamethrowing and finger-pointing going on. What went wrong, and what can we do to set things right?

Even in the best case scenario, it is hard to persuade law makers to create a high ombudsman that will swiftly investigate and ensure punishment acts of corruption and wrong-doing by those in political executive, legislature and senior bureaucracy. It requires great resolve, tact, spirit of accommodation, and pragmatic approach. In this case, all players - government, political parties, opposition, and civil society - committed follies. The government failed to incorporate a few more key provisions inspiring confidence in the public; and where the Bill has good provisions, it failed to take, its alliance partners on board, and failed to effectively communicate the strong features of the Bill. Therefore its approach was reactive, defensive and delayed. The parties that opposed the Bill indulged in cynical grandstanding, and allowed the impossible best to be the enemy of the possible good. They allowed red-herring like "assault on states" to dominate the debate and kill the Bill, and went back on the commitment of the Parliament. Civil society, instead of understanding the complexity and showing respect, kept changing the goal posts and acted with unconcealed contempt and hostility. Now is the time for all players to take a deep breath, and spare some time for sober reflection.

The Lokpal and Lokayuktas Bill before Parliament has certain deficiencies. The Ombudsman has no suo motu powers and has no investigative agency of its own. The fetters on CBI and ACB still remain in respect of cases not monitored by Lokpal / Lokayukta in the form of prior government clearance for investigation (Section 6A of Delhi Special Police Establishment Act), and prior approval for prosecution (Section 19 of Prevention of Corruption Act, and Section 197 of CrPC). State ACBs remain completely under government control in respect of appointment of director and other officials, and superintendence and guidance. These weaknesses need to be addressed.

However, the Bill did propose extremely strong and independent Ombudsmen. Everybody - PM, CM, Ministers, MPs, MLAs, senior officials - is brought within the jurisdiction of Lokpal / Lokayukta. Junior officials and employees too are brought under Lokpal through CVC. CBI director will be appointed by a totally bipartisan committee of PM, Leader of Opposition (LOP), and CJI, in which government has only one vote out of three. CBI officials will be appointed by a five member committee of the full CVC and two secretaries to government in consultation with the Director. The CBI and ACB will be accountable to Lokpal / Lokayukta in respect of all investigations ordered by them. Prosecution of cases and creation of special courts are within Lokpal / Lokayukta purview. Attachment of properties by Lokpal / Lokayukta, and confiscation by special courts are incorporated in the Bill. Provisions relating to appointment and removal of Lokpal / Lokayukta ensure their independence. All these and other provisions give real and substantive authority to Ombudsmen.

The talk of a weak and partisan Lokpal / Lokayukta is a sad reflection of political rhetoric divorced from facts. In particular, two issues dominated the Parliamentary debate, and derailed the legislation. They pertain to autonomy of CBI and Constitutionality of Lokayukta provisions. A detailed examination of these two issues would be useful in finding answers to resolve the impasse. The director of CBI will be appointed by the committee of PM, LOP and CJI. This is an extra-ordinary provision, which is not applicable even to the Constitutional authorities like Election Commission, CAG, UPSC etc. All officers of the rank of SP and above shall be appointed by the three-member CVC and two secretaries to government, and the five-member committee shall consult the Director on these appointments. CVC exercises general superintendence of CBI. In respect of cases referred by Lokpal, CBI will report to Lokpal. Similarly, CVC will report to Lokpal in respect of cases referred to it. In addition to all these provisions, Section 38 gives extra-ordinary powers to Lokpal in respect of corruption allegations against its own officers, and officers and employees of all anti-corruption agencies including CBI and CVC. Lokpal has powers of suspension, prosecution and disciplinary action against erring officials of all these agencies.

In the face of these provisions, it is churlish to argue that CBI will be under government control. The much-talked about administrative control of government is limited to two issues - budget and cadre control. Both these must be understood in perspective. CBI's real challenge in the future dispensation will not be government control. It will be capacity-building. There are only 6000 personnel in the CBI with nation-wide jurisdiction. Of these, only about 2000 are investigators. The number of corruption cases registered by CBI is of of the order of 1000 every year. Obviously, these are miniscule numbers in the face of a massive national problem. ACBs suffer even more in terms of inadequate staff, infrastructure and capacity. We need to have a plan and action programme to expand CBI almost ten-fold over the next ten years if the agency has to respond to the growing challenge and serve the country effectively. This should be coupled with adequate infrastructure for surveillance, forensic laboratories, communications and mobility. Similar capacity - enhancement is required in state ACBs. All these require significant budgetary commitments. While control of budget should remain with Parliament and government, there should be firm commitment to expand the agencies and provide adequate resources to them. All the laws in the world cannot improve the situation unless the enforcement agencies are strong and effective. Regarding cadre control, government's role cannot be dispensed with, because CBI is largely populated by officials of various other agencies drawn from a variety of sources. Even the senior IPS officials are drawn from states, because they belong to an All-India Service. Consequently, several matters of coordination, seniority, encadrement, availability of officials and consent of states and parent agencies can be handled only by the government. Therefore the argument that CBI, in the new dispensation, has no real autonomy is weak and unsustainable. Clearly, we have to be cautious in creating a strong, independent investigative agency, lest we create a state within-state like ISI with its own agenda, and accountable to none. But there is no case to retain Section 6A of DSPE Act, and Section 19 of PCA and Section 197 of CRPC in respect of corruption matters. These sections should be repealed, or amended suitably so that CBI is not fettered in its work. Prior sanction of prosecution, if still required, can be entrusted to Lokpal. That will guarantee full autonomy of CBI.

There seem to be two competing approaches on CBI's superintendence. Many argue that CBI must be under the single, unified superintendence of Lokpal, instead of multiple loci of power - CVC for most matters, and Lokpal for matters related to cases referred by it. Government and many parties seem to be concerned about the dangers of a monolithic, unaccountable organization running amok. There may also be issues of Parliament's prestige, and the desire not to be seen to have been dictated by those outside Parliament. The result is a somewhat inelegant, but well-meant, combination of measures: CBI director's appointment by a high-powered Committee with equal participation of government, opposition and judiciary; retaining the existing provisions relating to appointment of other senior officers; overall superintendence by CVC; power of Lokpal to guide CBI and hold it to account on matters relating to the cases referred by it; and the overarching powers of Lokpal to deal with allegations of corruption in CBI. Perhaps one simple way of addressing the concerns of Parliament as well as civil society would be to make all members of CVC ex-officio members of Lokpal. CVC would remain as a separate entity with its mandate under CVC Act. But the chairman and members of CVC would be ex-officio members of Lokpal, and they would be appointed and removed in the same manner as Lokpal. CVC and Lokpal can thus be seamlessly integrated. However, the specialized functions of CVC including superintendence of CBI, advice to government on vigilance and corruption matters, and control of vigilance machinery in all government agencies will vest in CVC. CVC members' eligibility criteria will remain as they are now, and the practice of a civil servant, a police official, and a banker or financial expert being appointed to CVC will continue, as such a background is necessary to understand the context in which officials operate and decisions are made.

That leaves us with the issue of states' rights. Article 253 of the Constitution clearly gives Parliament the power to legislate in respect of state subjects for implementing international treaties and conventions. After ratification of UNCAC on May 1, 2011, Parliament has the obligation to make the law applicable to states. The Bill provides for the same provisions for states as for the union. There is no discrimination. The Bill does not seek to transfer powers to the union government. Appointment of Lokayukta and all other related matter are dealt within states. All procedural matters in relation to investigation and prosecution of anti-corruption cases are in any case under Parliament's concurrent jurisdiction under items one and two of List III. All incidental service matters will now come under Parliament's concurrent jurisdiction under Article 253. Several laws have been made earlier in pursuance of international conventions - the laws on money laundering and human rights commission are prime examples. Laws like Right to Information Act and National Rural Employment Guarantee Act have been enacted applicable to states. Precedents invoking Parliament's jurisdiction clearly exist. All our procedural and criminal laws - CrPC, CPC, Evidence Act, IPC etc have been made by Parliament, and are applicable to states. None of them is seen as an encroachment of states' rights. In any case, in deference to the wishes of certain parties and in recognition of the need for compromise to obtain Parliamentary majority, The Bill has been amended in Lok Sabha providing for application of the law to states only with their prior consent. Given these circumstances, the argument that states' rights are violated by making a law that would apply to only those states that consent to it is unsustainable.

Now, we have an impasse. What can be done to salvage the situation? The following two steps would be helpful. First, government should be willing to strengthen the law in six respects - Suo motu powers to Lokpal / Lokyukta; creation of Lokpal's own investigative agency; making CVC members ex-officio members of Lokpal; repeal of Sec 6A of Delhi Special Police Establishment Act, and repeal or amendments of Sec 19 of Prevention of Corruption Act and Section 197 of Cr PC; same provisions to apply to state ACBs as are contemplated, or already exist, in respect of CBI; and power to Lokayuktas to appoint required number of Local Ombudsmen or Lokadhikaris to deal with corruption in local authorities and at lower levels in each district, but under Lokayukta's control. These six provisions will create genuinely autonomous, effective, anti-corruption agencies, and strengthen the Ombudsmen. These measures would be in consonance with the present features of the Bill, and would not in any way weaken the architecture of the respective institutions. Second, the Lokayukta provisions should remain in the statute; but the language of amended Section 1 could be made even more explicit to unambiguously declare that the Lokayukta and ACB provisions apply to states only after their prior legislative assent by form of a resolution. This is a retrogressive step, but necessary to get the regional parties on board to ensure that the Bill is not sacrificed on the altar of states' rights. Then the political parties - the national parties in particular will have the obligation to demonstrate their commitment in action, either by making the law applicable to states governed by them, or enacting even stronger laws in those states. In this framework, obviously the states should be free to enact stronger laws, and there should be flexibility in adoption of the Parliament's legislation. For instance, the state legislature could add new provisions, or amend existing provisions of central law. Or, the state could enact a new law altogether. Section 1 could explicitly provide for all such contingencies.

These improvements and compromises in the Lokpal legislation should be accompanied by other measures. The pending laws on service delivery and grievance redressal (citizen's charters), whistleblowers' protection, and judicial standards and accountability should be enacted along with the Lokpal law. We should ensure that in 2012 at least three more new legislations are in place. The National Judicial Commission for appointment and removal of judges of Higher Courts should be brought in through amendment of the relevant Constitutional provisions, so that the distortions in higher judiciary are corrected. A new all-India Judicial Service should be created for recruiting sub-ordinate judiciary, and to serve as recruiting base for selection of judges of High Courts. And a strong and effective law for confiscation of properties of corrupt public servants similar to the SAFEMA Act, 1976 should be enacted on the lines of Law Commission's draft Bill, and Supreme Court's observations (AIR 1996 SC 2005). These legislative measures, together with Lokpal and Lokayuktas Act, will create a robust, strong, independent, deterrent and effective anti-corruption regime.

If, for some reason, resolution of the issues on Lokpal and Lokayukta takes time, one way out would be for Congress and BJP to bury the hatchet and approve the Constitutional amendment in the first instance. Some eminent jurists believe it may be worthwhile enacting the Constitutional amendment with bipartisan support outlining the general principles of independence and effectiveness, and making it mandatory for Lokpal and Lokayuktas to be established. The finalizing of details and hammering out an acceptable compromise need not hold up a mandatory institutional framework being incorporated in the Constitution. This will also address the issue of "rights of states" once and for all. The failed Constitutional amend ment Bill provides for the appropriate legislature making the laws governing the details of Lokpal / Lokayukta. This will address both the need for Constitutional mandate and the federal principle. In reality, there is no realistic reason why an acceptable legislation cannot be enacted soon, provided there is good will, mutual trust, and genuine resolve to confront corruption.

It is never too late to act. The last year has taught us valuable lessons. In the new year we should apply these lessons, and act wisely and in concert to ensure creation of effective, independent, anti-corruption regimes and institutions all across the country. The bitterness, mistrust and acrimony of the past year must give way to greater harmony, resolve, and mutual respect. The nation's selfimage and self-esteem, people's confidence in governance process, and India's global reputation and investor confidence in the nation are all at stake. It is time to act decisively and swiftly.

Dr.Jayaprakash Narayan

The author is the founder and President of
Lok Satta Party - new politics for the new generation;
Email: info@loksattaparty.com; jp@loksattaparty.com
Url: www.loksatta.org

కాంగ్రెస్ కోసమే మున్సిపల్ ఎన్నికల వాయిదా... సర్కారువి కుంటిసాకులని లోక్ సత్తా ధ్వజం

Lok Satta Party flays postponement of Civic elections for partisan purposes

The Lok Satta Party today accused the Government of trotting out lame excuses for repeatedly deferring elections to municipal bodies.

In a media statement, Lok Satta Party General Secretary Katari Srinivasa Rao pointed out that elections had been postponed from September 2010 when they were due. Deferment of elections runs counter to Constitutional provisions and deprives people of elected local governments.

The Lok Satta leader underlined that elections should have been held on the basis of the 2001 Census when they were due in September 2010. The Government contention it waited for 2011 Census data for making reservations to SCs and STs was untenable in September 2010. Similarly, the formation of new municipalities did not come in the way of holding elections to existing municipalities.

Mr. Srinivasa Rao charged the Government with riding roughshod over people's democratic rights simply to serve ruling party interests. Rocked by corruption scandals and schisms within its ranks, the ruling party would like to defer the day of reckoning as long as possible, they said.

By deferring elections to civic bodies, the State Government is adding to their financial woes since many Central grants are contingent upon there being elected bodies in place, Mr. Srinivasa Rao added.

జాతినిర్మాతల విగ్రహాల మీద దాడులు చేసేవారిపై కఠినచర్యలు తీసుకోవాలి: లోక్ సత్తా

Punish Ambedkar statue vandals: Lok Satta

The Lok Satta Party today demanded that the Government take stringent and exemplary action against all those who desecrated or damaged or destroyed Dr. Ambedkar’s statues at Amalapuram in East Godavari district. All the criminals including those who instigated them should be brought to book irrespective of their status or the party to which they belong.

Lok Satta Party Working President D. V. V. S. Varma pointed out in a media statement that criminals had resorted to vandalism to serve their local political interests. By treating Dr. Ambedkar as the representative of a particular caste or section, the vandals have insulted the nation.

Mr. Varma appealed to all sections of people to observe restraint and expose those who vandalized the statues of the nation builder.

ఎస్సీ, ఎస్టీ, బీసీ, మైనారిటీలలో విస్తృత ప్రచారానికి సర్వజనసత్తా కార్యాచరణ

మొక్కవోని యోధుడు రాజలింగం - జేపీ నివాళి

Rajalingam a valiant fighter: Dr. JP

Lok Satta Party President Dr. Jayaprakash Narayan today described Mr. M. S. Rajalingam as a man of unimpeachable integrity and unparalleled humility. Enjoying tremendous credibility, he burned with a desire to serve the public until his last breath.

Expressing condolences over his death, Dr. JP recalled that Mr. Rajalingam fought valiantly for the liberation of India from the British and Telangana from the Nizam.

Dr. JP said, "There has been a decline in the quality of life and public discourse since persons of the caliber and stature of Mr. Rajalingam were not allowed to play a crucial role."

న్యాయసంస్కరణలపై 23న ఢిల్లీ రౌండ్ టేబుల్ లో పాల్గొంటున్న జేపీ

Dr. JP taking part in Round Table On judicial reforms

Lok Satta Party President Dr. Jayaprakash Narayan is taking part in a Round Table on judicial reforms being conducted by Rashtriya Jagriti Sansthan at the India International Center in New Delhi today.

Justice J. S. Verma, former Chief Justice of India, Mr. Subash Kashyap, expert in Indian Constitution and Constitutional law and former Secretary-General of the Lok Sabha, Dr. B. G. Verghese, eminent journalist, and Prof. Pai Panandikar, prominent economist, are among the participants.

It may be recalled that at the initiative of the Lok Satta, three eminent jurists -- Justice J. S. Verma, Justice M. N. Venkatachalaiah and Justice V.R. Krishna Iyer -- came together to suggest a model National Judicial Commission and the Indian Judicial Service.

The proposed Judicial Commission will have powers to appoint judges of the Supreme Court and High Courts and enforce accountability. Chaired by the Vice President of India at the national level, it will have members drawn from the Government, the Opposition and the judiciary.

According to Dr. JP, the proposal for an Indian Judicial Service is at an advanced stage of consideration. The ruling and Opposition parties are favorably inclined towards constitution of the Judicial Commission.

ఓటుబ్యాంకు రాజకీయాల కోసం రాష్ట్రాన్ని నాశనం చేస్తున్నారు, యువత జీవితాల్ని అంధకారం చేస్తున్నారు

Dr.JP faults parties on Liquor, Education and Electricity

Lok Satta Party President Dr. Jayaprakash Narayan today charged the traditional Congress and Telugu Desam Parties and the newly formed YSR Congress Party of ignoring people's basic, burning problems in their unabashed pursuit of vote bank politics.

Addressing a media conference at the party headquarters, Dr. JP referred to the traditional parties' stand on three issues – liquor, education and electricity --- to drive home his charge that they are acting in collusion.

On liquor, Dr. JP referred to ACB raids on liquor syndicates in the State which revealed the nexus between them on the one hand and Ministers, officials, media and legislators belonging to all parties on the other. The Government has not made public the report, leave alone sanctioning prosecution of the guilty. Since the guilty belonged to all the traditional parties, they are maintaining a studied silence after muted protests initially.

No political party other than the Lok Satta is keen on saving the poor from the liquor menace. The Lok Satta has demanded that the Government take over retail outlets and limit their number and working hours.

The Lok Satta Party would seek details of the raids utilizing the Right to Information Act. If it fails in getting the information, it will seek legal redress, he said.

On education, Dr. JP referred to an OECD report which said that Indian higher secondary students are better than those only from Kyrgysthan among 74 countries surveyed. The Annual Status of Education Report (ASER) in its latest survey says that 40 percent of fifth class students in Andhra Pradesh schools – both private and Government – cannot read a single paragraph from a second class text book and that 60 percent of fifth class students cannot do division and 20 percent, subtraction. The traditional parties, Dr. JP charged, have remained silent on the state of education in Andhra Pradesh although they are vociferous on many other issues. If people remain illiterate and ignorant, political parties can continue to buy their votes with money and liquor and perpetuate their poverty.

On electricity, Dr. JP said that the Andhra Pradesh Electricity Regulatory Commission has become a branch office of the Government and failed to discharge its statutory responsibility of ensuring Discoms (distribution companies) are in good health. A Government which has neither money to reimburse Discoms for the subsidies it offers to various sections of people nor courage to raise tariffs did not submit the annual certificate on the health of Discoms in earlier years. The APERC which had winked at Government failure now permitted Discoms to burden consumers with fuel surcharge for power consumed in earlier years. How could industrialists pass on the increase in costs for goods manufactured in previous years now, Dr. JP asked.

Dr. JP accused the Government of indulging in hypocrisy by claiming to attract investments worth lakhs of crores of rupees and provide jobs to tens of thousands of people even as it turns existing industries sick by starving them of power. The traditional parties continue to pursue bankrupt policies which will ensure darkness in our houses, and unemployment for our youth. Lok Satta has demonstrated what could be done by sensible management of power sector about a decade ago. In Kallacheruvu, in West Godavari district, Lok Satta franchisee managed a feeder line and saved 19% power, eliminated corruption, improved quality and showed the way of ensuring 24 hour power in all villages.

In reply to a question, Dr. JP said gas allocation for power generation has become a cash cow for those in power at the Center and in States.

Dr. JP appealed to youth not to suffer in silence but come forward to change politics by utilizing the Lok Satta Party as a forum. Otherwise, their future would be bleak.

Lok Satta Party leaders Y. D. Rama Rao, Ravi Maruthi, Narra Sridhar and Bhisetty Babji took part in the media conference.

Lok Satta Times January 16th-31st 2012

Lok Satta Times January 16th-31st 2012 can be downloaded from the following link.

http://www.loksatta.org/cms/documents/lstimes/lstimes-2012-01-16-31.pdf

సంపూర్ణ మద్యనిషేధ తీర్మానం చేసే పంచాయతీకి రూ.1 లక్ష నజరానా ఇవ్వాలి: లోక్ సత్తా

Reward panchayats enforcing Prohibition: Lok Satta

Welcoming the Excise Minister’s move to constitute a committee to campaign against the liquor menace, the Lok Satta Party today suggested that the Government reward panchayats enforcing Prohibition with an annual grant of Rs.100000.

Lok Satta Party State Working President D. V.V. S. Varma in a media statement suggested that the anti liquor campaign committee should have enough resources and powers to accomplish the Government’s objective.

Mr. Varma recalled that the Congress Party, which returned to power in 2004 by promising to usher in Prohibition in phases, has done all that it could to encourage liquor consumption by auctioning liquor shops. Subsequently, it formed an anti liquor campaign committee devoid of powers and funds for rehabilitating some party workers. The committee did not fulfill its promise of granting a cash incentive of Rs.100000 to panchayats enforcing Prohibition although the Lok Satta submitted a list of such villages. If history were not to repeat itself, the Government should allocate more than Rs.40 crore for the proposed committee and confer adequate powers on it.

Mr. Varma reiterated the party demand that the Government itself run retail liquor shops in the excise year beginning July 2012. The decision to permit or deny location of a liquor shop in a village should be left to its panchayat/or gram sabha.

యువత దృఢచిత్తులై నాయకులుగా ఎదగాలి

రాష్ట్రంలో వ్యవసాయ విపత్తుల సహాయనిధిని ఏర్పాటు చేయాలి: లోక్ సత్తా డిమాండ్

Constitute Agricultural Calamity Relief Fund: Lok Satta Party

The Lok Satta Party today demanded that the State Government constitute an Agricultural Calamity Relief Fund to go to the immediate relief and rescue of farmers without waiting for the time-consuming Government of India assistance.

Lok Satta Party Working President D. V. V. S. Varma in a media statement pointed out that farmers have been losing crops in some part of the State or the other every year because of floods and cyclones or drought. The long coastline, chronic power shortage and depleting groundwater have been accentuating farmers' misery. Against such a bleak backdrop, its is not prudent to wait for Central assistance to extend relief to farmers, Mr. Varma said.

Mr. Varma pointed out that the State Government sent a report on the impact of the drought on kharif crops in 876 mandals accounting for two-thirds of the State only last week, almost two months and a half of the crops withering away. The State Government has sought Central assistance of Rs.3775 crore towards drought relief. But none knows to what extent the Union Government will concede the State's request.

Meanwhile, Mr. Varma recalled, un-seasonal rains have ravaged standing or just harvested crops in Krishna, Guntur, Prakasam, Nellore, Kurnool, Anantapur and Khammam districts some of them for the second time in a month.

Mr. Varma said that the State Government should constitute an Agricultural Calamity Relief Fund so that it can go to farmers' assistance without waiting for Union Government funds. The State Government could guarantee some relief to farmers if it pays the premium and facilitates crop insurance in areas vulnerable to floods and drought.

Quoting unofficial reports, Mr. Varma said that heavy rains during January 10 and 11 in districts like Krishna, Guntur, Prakasam and Nellore damaged crops like paddy, maize, black gram, bengal gram, groundnut, chilly, cotton and tobacco in about eight lakh acres. Their losses have become unbearable because of the steep increase in input and labor costs. The Government should, therefore, not lose time in going to their rescue, said Mr. Varma.

అవినీతిని, పేదరికాన్ని నిర్మూలించే సత్తా యువతకు ఉంది: జేపీ

Youth capable of conquering Corruption, poverty: Dr. JP

Lok Satta Party President Dr. Jayaparkash Narayan has said that Indian youth are second to none in their talent and ability and commitment to the country.

Greeting young men and women on the eve of National Youth Day on January 12, Dr. JP called upon youth to maintain unity without prejudice and harmonize individual gain with public good. "If we put our heads together, we can and we will conquer the twin great challenges of this decade – corruption eating into the vitals of the nation, and poverty sapping people's energies.

Dr. JP called upon the youth to remember what Vivekananda had said: India is a proud, self-confident nation with 5000 years of civilization and culture and that spiritualism must be reinterpreted to suit the modern age in an inclusive manner.

It is time we built a nation which can stand tall and proud in the comity of nations, he added.

జ్ఞానసంపద సామాన్యులకు అందించాలి

Courtesy: Eenadu

లోక్ పాల్ - తర్వాత ఏమిటి?

Courtesy: Andhra Jyothy

ఓటు కోసం నోటిచ్చేవారి చెంప పగలగొట్టండి

Courtesy: Andhra Jyothy

ప్రభుత్వ విధానం మారాలి

Courtesy: Andhra Jyothy

All Is Not Lost - The Lokpal Bill Can Still Be Salvaged

The bitterness, mistrust and acrimony of the past year must give way to greater harmony,resolve, and mutual respect. The nation’s self-image and self-esteem, people’s confidence in governance and India’s global reputation and investor confidence in the nation are all at stake. It is time to act decisively and swiftly

N Jayaprakash Narayan


EVEN in the best case scenario, it is hard to persuade law makers to accept an ombudsman that will swiftly investigate and ensure punishment for acts of corruption and wrong-doing by those in the political executive, legislature and in the senior bureaucracy.

It requires great resolve, tact, spirit of accommodation, and pragmatic approach. In this case, all the players – the government, political parties, opposition, and civil society – committed follies.

The government failed to incorporate a few key provisions that would have inspired more confidence in the public; and wherever the Bill had good provisions, it failed to take its alliance partners on board, and also failed to effectively communicate the strong features of the Bill. Therefore its approach was reactive, defensive and delayed.

The parties that opposed the Bill indulged in cynical grandstanding, and allowed the impossible ‘best’ to be the enemy of the possible ‘good’. They allowed red-herrings like “assault on states” to dominate the debate and kill the Bill, and went back on the commitment of the Parliament.

The Civil society, instead of understanding the complexity of the process and showing respect, kept changing the goal posts and acted with unconcealed contempt and hostility. Now is the time for all players to take a deep breath, and spare some time for sober reflection.

The good & the bad

The Lokpal and Lokayuktas Bill before Parliament does have certain deficiencies. The Ombudsman has no suo motu powers and has no investigative agency of its own. The fetters on CBI( Central Bureau of Investigation) and ACB( Anti Corruption Bureau) still remain in respect of cases not monitored by Lokpal / Lokayukta in the form of prior government clearance for investigation (Section 6A of Delhi Special Police Establishment Act), and prior approval for prosecution (Section 19 of the Prevention of Corruption Act, and Section 197 of the CrPC).

State ACBs remain completely under government control in respect of appointment of director and other officials, and superintendence and guidance. These weaknesses need to be addressed.

However, the Bill did propose an extremely strong and independent Ombudsman. Everybody – PM, CM, Ministers, MPs, MLAs, senior officials – was brought within the jurisdiction of the Lokpal/Lokayukta. Junior officials and employees too are brought under the Lokpal through the CVC.

The CBI director, the Bill provided, will be appointed by a totally bipartisan committee of PM, Leader of Opposition (LOP), and CJI, in which government has only one vote out of three. CBI officials will be appointed by a five member committee of the full CVC and two secretaries to government in consultation with the Director. The CBI and ACB will be accountable to the Lokpal/Lokayukta in respect of all investigations ordered by them.

Prosecution of cases and creation of special courts are within Lokpal/Lokayukta purview. Attachment of properties by Lokpal /Lokayukta, and confiscation by special courts are incorporated in the Bill. Provisions relating to appointment and removal of Lokpal / Lokayukta ensure their independence. All these and other provisions give real and substantive authority to the Ombudsmen.

The talk of a weak and partisan Lokpal / Lokayukta is a sad reflection of political rhetoric divorced from facts. In particular, two issues dominated the Parliamentary debate, and derailed the legislation. They pertain to autonomy of the CBI and Constitutionality of the Lokayukta provisions.

The CBI

The director of CBI will be appointed by the committee of PM, LOP and CJI. This is an extra-ordinary provision, which is not applicable even to the other Constitutional authorities like Election Commission, CAG, UPSC etc. All officers of the rank of SP and above shall be appointed by the three-member CVC and two secretaries to government, and the five-member committee shall consult the Director on these appointments.

The CVC (Central Vigilance Commission) exercises general superintendence of CBI. In respect of cases referred by the Lokpal, CBI will report to the Lokpal. Similarly, CVC will report to the Lokpal in respect of cases referred to it. In addition to all these provisions, Section 38 gives extraordinary powers to the Lokpal in respect of corruption allegations against its own officers, and officers and employees of all anti-corruption agencies including CBI and CVC. The Lokpal has powers of suspension, prosecution and disciplinary action against erring officials of all these agencies.

In the face of these provisions, it is churlish to argue that the CBI will be under government control. The much-talked about administrative control of the government is limited to two issues – budget and cadre control. Both these must be understood in perspective.

CBI’s real challenge in the future dispensation will not be government control. It will be capacity-building. There are only 6000 personnel in the CBI with nation-wide jurisdiction. Of these, only about 2000 are investigators. The number of corruption cases registered by CBI is of the order of only 1000 or so every year. Obviously, these are miniscule numbers in the face of a massive national problem.

ACBs suffer even more in terms of inadequate staff, infrastructure and capacity. We need to have a plan and action programme to expand the CBI almost ten-fold over the next ten years, if the agency has to respond to the growing challenges and serve the country effectively.

This should be coupled with adequate infrastructure for surveillance, forensic laboratories, communication and mobility. Similar capacity – enhancement is required in state ACBs. All these require significant budgetary commitments. While control of budget should remain with Parliament and government, there should be firm commitment to expand the agencies and provide adequate resources to them.

Cadre control

Regarding cadre control, the government’s role cannot be dispensed with, because CBI is largely populated by officials of various other agencies drawn from a variety of sources. Even the senior IPS officials are drawn from states, because they belong to an All-India Service.

Consequently, several matters of coordination, seniority, encadrement, availability of officials and consent of states and parent agencies can be handled only by the government. Therefore the argument that CBI, in the new dispensation, has no real autonomy is weak and unsustainable.

Clearly, we have to be cautious in creating a strong, independent investigative agency, lest we create a state within-state, like the ISI across the border, with its own agenda, and accountable to none.

But there is no case to retain Section 6A of DSPE Act, and Section 19 of PCA and Section 197 of CRPC in respect of corruption matters. These sections should be repealed, or amended suitably so that the CBI is not fettered in its work. Prior sanction of prosecution, if still required, can be entrusted to the Lokpal. That will guarantee full autonomy of CBI.

There seem to be two competing approaches on CBI’s superintendence. Many argue that CBI must be under the single, unified superintendence of the Lokpal, instead of multiple loci of power – CVC for most matters, and Lokpal for matters related to cases referred by it. Government and many parties seem to be concerned about the dangers of a monolithic, unaccountable organisation running amok.

Perhaps one simple way of addressing the concerns of Parliament as well as civil society would be to make all members of CVC ex-officio members of the Lokpal. The CVC would remain as a separate entity with its mandate under CVC Act. But the chairman and members of the CVC would be ex-officio members of Lokpal, and they would be appointed and removed in the same manner as the Lokpal. The CVC and the Lokpal can thus be seamlessly integrated.

Bogey of federalism

That leaves us with the issue of states’ rights. Article 253 of the Constitution clearly gives Parliament the power to legislate in respect of state subjects for implementing international treaties and conventions. After ratification of UNCAC on May 1, 2011, Parliament has the obligation to make the law applicable to states.

The Bill provides for the same provisions for states as for the union. There is no discrimination. The Bill does not seek to transfer powers to the union government. Appointment of the Lokayukta and all other related matters are dealt within states. All procedural matters in relation to investigation and prosecution of anti-corruption cases are in any case under Parliament’s concurrent jurisdiction under items one and two of List III.

All incidental service matters will now come under Parliament’s concurrent jurisdiction under Article 253. Several laws have been made earlier in pursuance of international conventions – the laws on money laundering and human rights commission are prime examples. Laws like Right to Information Act and National Rural Employment Guarantee Act have been enacted applicable to states.

Precedents invoking Parliament’s jurisdiction clearly exist. All our procedural and criminal laws – CrPC, CPC, Evidence Act, IPC etc have been made by Parliament, and are applicable to states. None of them is seen as an encroachment of states’ rights.

In any case, in deference to the wishes of certain parties and in recognition of the need for compromise to obtain Parliamentary majority, The Bill has been amended in the Lok Sabha, providing for application of the law to states only with their prior consent. Given these circumstances, the argument that states’ rights are violated by making a law that would apply to only those states that consent to it is unsustainable.

A few suggestions

We have an impasse. What can be done to salvage the situation? The following two steps would be helpful.

First, government should be willing to strengthen the law in six respects – Suo motu powers to Lokpal /Lokyukta; creation of Lokpal’s own investigative agency; making CVC members ex-officio members of Lokpal; repeal of Sec 6A of Delhi Special Police Establishment Act, and repeal or amendments of Sec 19 of Prevention of Corruption Act and Section 197 of Cr PC; same provisions to apply to state ACBs as are contemplated, or already exist, in respect of CBI; and power to Lokayuktas to appoint required number of Local Ombudsmen or Lokadhikaris to deal with corruption in local authorities and at lower levels in each district, but under Lokayukta’s control.

These six provisions will create genuinely autonomous, effective, anti-corruption agencies, and strengthen the Ombudsmen. These measures would be in consonance with the present features of the Bill, and would not in any way weaken the architecture of the respective institutions.

Second, the Lokayukta provisions should remain in the statute; but the language of amended Section 1 could be made even more explicit to unambiguously declare that the Lokayukta and ACB provisions apply to states only after their prior legislative assent by form of a resolution. This is a retrogressive step, but necessary to get the regional parties on board to ensure that the Bill is not sacrificed on the altar of states’ rights.

The pending laws on service delivery and grievance redressal (citizen’s charters), whistleblowers’ protection, and judicial standards and accountability should be enacted along with the Lokpal law.

Bury the hatchet

If, for some reason, resolution of the issues on Lokpal and Lokayukta takes time, one way out would be for the Congress and the BJP to bury the hatchet and approve the Constitutional amendment in the first instance.

Some eminent jurists believe it may be worthwhile enacting the Constitutional amendment with bipartisan support outlining the general principles of independence and effectiveness, and making it mandatory for Lokpal and Lokayuktas to be established.

The finalising of details and hammering out an acceptable compromise need not hold up a mandatory institutional framework being incorporated in the Constitution. This will also address the issue of “rights of states” once and for all.

The failed Constitutional amendment Bill provides for the appropriate legislature making the laws governing the details of Lokpal / Lokayukta. This will address both the need for Constitutional mandate and the federal principle. There is no realistic reason why an acceptable legislation cannot be enacted soon, provided there is good will, mutual trust, and genuine resolve to confront corruption.

It is never too late to act. The last year has taught us valuable lessons. In the new year, we should apply these lessons, and act wisely and in concert to ensure creation of effective, independent, anti-corruption regimes and institutions across the country.

Everybody Failed

The Government, in its hurry, failed to carry key provisions, take allies on board and communicate the good points of the bill.

Political parties killed the bill by raising red herrings.

The civil society failed to understand the complexities involved, was arrogant and kept shifting the goalposts.

Weaknesses in the bill

The Lokpal does not have suo motu powers to order investigation.

The Lokpal has no investigating agency of its own.

Provisions requiring the CBI to take prior approval for investigation and prior sanction for prosecution are obsolete.

Anti Corruption Bureau is completely under government control.

Unfair Criticism

Cadre control of the CBI has to remain with the government because of issues like availability, consent of states, deputation, seniority, empanelment, coordination etc.

The CBI is already under the supervision of CVC.

The CrPC, CPC, Evidence Act, RTI, NREGA are all enacted by Parliament and applicable in all states and do not diminish the states' authority.

Suggestions

If necessary, members of the CVC can be made ex-officio members of the Lokpal.

The constitution Amendment Bill can be passed first, making it mandatory for the establishment of Lokpal and Lokayuktas.

The language related to Lokayuktas be made simpler to convey the option available to state legislatures to adopt the Act or enact a stronger law.

The Citizen's Charter, Whistleblowers' Protection Bill and Judicial Standards and Accountability Bill should be passed first or with the Lokpal Bill.


A former member of the National Advisory Council (NAC) and Administrative Reforms Commission, the writer quit the IAS in 1996 and runs an NGO, Lok Satta, which works for administrative and electoral reforms

Courtesy: The Tribune India

7న కృష్ణా, గుంటూరు జిల్లాల్లో జేపీ పర్యటన... మైలవరం సారాబాధితులకు పరామర్శ

Dr. JP visiting Krishna, Guntur districts today

Lok Satta Party President Dr. Jayaprakash Narayan will be calling on families of illicit liquor victims at Poratanagar Thanda, Naganuru Thanda, and Kandimarla in Mylavaram mandal of Krishna district on Jnuary 7.

Later in the evening, he will be the chief guest at Vignan Mahotsav 2012, a national youth festival, of Vijnan University at Vadlamudi in Guntur district.

The university has chosen Dr. JP as the chief guest as he stands as a "shining example" for the youth of the country by demonstrating "what men of character and mettle can achieve in the face of great odds."

Lok Satta Party leaders extended a hearty welcome to party Working President D. V. V. S. Varma, who returned to Hyderabad from the U. S. on the morning of January 6. Mr. Varma, who left for the U. S. on November 23, met party supporters and admirers at a number of places including San Francisco, Santiago and Los Angeles.

లోక్ సత్తా కృషిని విస్తరించేందుకు స్పూర్తినిచ్చిన నారాయణ గురు మహోత్సవం

Lok Satta team takes part In Sivagiri festival

A Lok Satta Party team, which took part in a three-day festival dedicated to Narayana Guru at Sivagiri Math in Trivandrum district of Kerala earlier this week, had the opportunity of explaining how the party is trying to further the ideals of the social reformer in Andhra Pradesh.

Narayana Guru (1855–1928) strove for the liberation of depressed sections through education and achieved results during his lifetime.

Taking part in a discussion on education, Mr. Eeda Chennaiah and Mr. P. Hanumantha Rao, President and Treasurer of the Sarva Jana Satta, a Lok Satta affiliate, said that caste can be eradicated and society transformed only when quality education is accessible to all. The Government should enable every eligible student to pursue higher education, acquire skills, and find livelihood opportunities. There should be proportional representation to enable every section to take part in politics.

Among those who attended the festival were Kerala Chief Minister Oomen Chandy, Karnataka Chief Minister Sadananda Gowda, Union Ministers Veerappa Moily, Vayalar Ravi and K. V. Thomas, and Swami Prakasananda. Lakhs of people drawn from all over Kerala turned up at Sivagiri Math for the festivities.

దళితులు, మహిళల అభ్యున్నతికి విశేష కృషి చేసిన సావిత్రిబాయి ఫూలే

ప్రభుత్వ కళాశాల లెక్చరర్ల భర్తీకి ముందు 'స్లెట్'ను నిర్వహించండి: లోక్ సత్తా

Conduct SLET before recruiting Govt. college lecturers - LSP

The Lok Satta Party asked the Andhra Pradesh Public Service Commission not to go ahead with recruitment of Government degree college lecturers without first conducting the State-level Eligibility Test (SLET).

Lok Satta Party General Secretary Katari Srinivasa Rao recalled in a media statement that thousands of youth had lost the opportunity of competing for lecturer posts even during 2007 and 2010 when the APPSC recruited lectuers without conducting the SLET.

The APPSC should conduct the mandatory SLET first before recruiting lecturers, said Mr. Srinivasa Rao. If it is not possible to conduct the SLET for any reason, all post-graduates could be considered as eligible to apply, subject to the condition that they clear the SLET subsequently.

Lok Satta Party News Letter 2012 January

Lok Satta Party News Letter 2012 January can be downloaded from
http://www.loksatta.org/cms/documents/newsletters/LSPNewsletter-2012-01.pdf

Lok Satta Times January 1st-15th 2012

Lok Satta Times January 1st-15th 2012 can be downloaded from the following link.

http://www.loksatta.org/cms/documents/lstimes/lstimes-2012-01-01-15.pdf

మద్యం రిటైల్ వ్యాపారాన్ని జాతీయీకరించాలి: జేపీ డిమాండ్

Nationalize retail liquor trade, Demands Dr. JP

Lok Satta Party President Dr. Jayaprakash Narayan today demanded a thorough overhaul of the liquor policy in the wake of the illicit liquor and toddy tragedies in the State. He wanted nationalization of the retail liquor trade, strict curbs on the number of retail outlets and making panchayats responsible for eradicating the illicit menace.

Addressing a media conference, Dr. JP said the illicit liquor deaths were not an accident; they flowed directly from the flawed and misconceived Government policy of enriching the treasury at the expense of the poor. If the Government earned an estimated Rs.20,000 crore by way of excise, VAT, privilege fee and license fee revenue during the current excise year, people would have spent Rs.40000 crore on consuming liquor. The Government which claims to work for the welfare of the poor spends not more than Rs.20,000 crore on schemes meant to benefit them. This is nothing but a massive fraud on the poor, Dr. JP said.

Dr. JP pointed out that the Government collected an average license fee of Rs.70 lakh per liquor shop which means that the shop has to earn a profit after tax of at least Rs.20,000 a day towards license fee. A shop in Guntur district was auctioned for the highest amount of Rs.5.18 crore, which implies it has to earn at least Rs.1.50 lakh a day towards license fee alone. How could the Government expenct the shop to sell liquor at the maximum retail price if it were to survive in business, Dr. JP asked.

Dr. JP charged that the political parties which shed tears over illicit liquor tragedies are not sincere as they are not prepared to kill the goose that lays golden eggs for them as well as officials. Excise and police officials have enough powers to curb illicit liquor but they do not exercise them for obvious reasons. The Government with its eyes set on revenue turns a blind eye to all malpractices. Traditional parties which believe in vote bank politics lure voters with free supply of liquor during elections to all institutions ranging from the panchayat to Parliament. It once again suits political parties if people lose their ability to question them having become addicts to liquor. Post-elections, those who come to power corner liquor shops and start earning black money. A Lok Satta Party team which visited the Mylavaram villages found that illicit distillation of liquor was being carried on in connivance with political parties and excise officials. And in villages where the youth and women are resisting malpractices, people are being systematically harassed.

Dr. JP said that the recent ACB raids have revealed the nexus between liquor syndicates on the one hand and politicians and officials on the other. The Government would not disclose their details as though it amounted to revelaing a national defense secret.

Dr. JP demanded that the Government nationalize retail trade at least from the next excise year and limit the number of retial outlets. Panchayats should have the power to say a no to the location of a retail outlet in their villages. They should be made responsible for curbing illicit liquor. If they fail, the panchayat president and members should not merely be sacked but punished. The liquor policy must be completely revamped, consumption of liquor should not been seen a revenue source, and targets should not be fixed for sale and revenues.

Mr. V. Laxman Balaji, acting Working President of the party and Mrs. N. Saroja Devi took part in the media conference.