Provision of Controlling Corruption of Government Sector in Democratic Bill on Lokpal

(Submitted to the President of India on 9th May 2011,7.40 pm)

 

 

 

Chapter – two
Identification of forces motivating corruption

 

1. Any behavior of any individual, of any law or of any clause of the constitution, making money earning possible through least labour or without any labour will be deemed as the motivating force of the corruption, which motivates the individual coinciding with human nature.

 

2. The unlimited inheritance right prevalent in the country, rent of various capital like- interest of cash money, rent of buildings, rent of land and machines, value addition of property, gifts, donations, and bribing prevalent in the government and administrative establishments will be deemed as behavior or laws motivating corruption under the above clause-one.

 

3. The government will introduce bills in the parliament from time to time to amend the individual behavior, laws and constitutional provisions in such a way that the money created without human labor or by the power of capital would be distributed equally among all the citizens and prior opportunity would be ended and new opportunity would not be created, for any individual including government staff to earn more and more money without labor or by least labor.

 

Chapter – three
Clauses to eliminate systemic corruption

 

1. By reforming laws of property the ownership of that position of private property should be let remained with the individual which is gained by his own labor.

 

2. All those legal provisions will be given the status of corrupt laws, which give legal status as private property produced and earned by collective enterprise. Such laws will be reformed and that portion of private property will be given the status of collective property of the citizens, which is produced by the collective efforts but posses into private hands due the corrupt laws.

 

3. Laws like inheritance will be amended which give psychological encouragement to people to do corruption and give them opportunity to secure for and transfer the amount gained by corruption to the next generation.

 

4. The government resorting to the clause-2 and 3 of this law, will assess the share of capital in GDP and deeming it as a category of collective money and collective property, will take all steps required to distribute it regularly in the form of Votership among all the voters in cash, so that the money created by capital should not be obtained only by the capital-holders by corrupt laws and without any labour but should be distributed among all adults citizens.

 

5. As it would be harmful for the political democracy to abandon the election system to constitute the Lok Sabha and seize right of public of forming organization. Without doing this, it would not be possible to give severe punishment against the corrupt behavior of the government staff. Hence, the government would identify those ministries and departments of which have a substitute present in the market, so that every citizen, having purchasing power would buy those services from the market. The government will close ministries and departments and the expenditure incurred on them would be given away by adding in the amount of Votership.

 

6. After enforcement of clause 5 and 6. Some people may be identified as getting the amount of corrupt money under the clauses 2 and 3 mentioned above. Hence, it would be obligatory for all citizens to declare the value of their property through self-declaration system and paying property tax should be obligatory as per the contemporary interest rate.

 

7. There should be a fundamental right of every citizen on half of the average property of the nation. By adopting the trusteeship principle of Mahatama Gandhi, the individual owning more than average property should be declared as the tenants of the property and it should be obligatory on them to pay the rent to those who are having property less than the average. The government must enact a law to carry this rent to the bank accounts of the citizens in the name of Votership.

 

8. An act should be formulated to give salary and allowance from the consolidated fund of India to those persons, working for political, social and constitutional reforms, through political parties and other organizations so that the social-political worker would be enabled to work for the entire society instead of the rich only. This will remove the corrupt economic system existing for political and social works and will install a virtuous system in place of existing one.

 

Chapter – Seven
Provision regarding discipline and punishment of accused of taking bribe

 

24. Lokpal have power to register the complaint regarding corruption against any staff, officer and minister even the Prime Minister.

 

25. He will enquire into the complaint as per rules given in this act.

 

26. As far as possible such inquiry will not be affected by any authority of the executive, legislature and judiciary of India, by any political and non-political organization of the country or abroad and by any other authority like by any firm or by any company. If Lokpal feels that such influence is being made he would introduce a competent bill before the parliament to make the attempt null and void. Such bill will have the status of law being passed by two third majorities.

 

27. If the Lokpal legitimately wants that the punishment fixed by the Indian penal Code should be made more severe, he will be entitled to recommend the required amendments in law / laws to the Ministry of Law and Justice.

 

28. There are always two sides in the affairs of bribe. Both should be equally held guilty. Hence, the bribe taker would not be punished until the bribe giver is identified.

 

Chapter – Eight
Provisions regarding discipline and punishment of bribe givers

 

29. The crime of person compelling for taking bribe will be deemed equal to the crime committed by the bribe taker. Hence, he/she will also be punished by same punishment which has been given to the bribe taker in the concerned affair.

 

30. The individual being compelled to give bribe would not commit the crime of giving bribe. Instead he would lodge a complaint against the person compelling him to give bribe in the Lokpal office. If he gives the bribe in the name of getting his work done, he would also be equally punished as the bribe taker in the concerned case.

 

31. The government functionary at the lower level of governance and administration mostly compel the non-government persons to give bribe. On the contrary on the higher ranks private persons compel to accept bribe to the government functionaries. These events are taking place due to the absence of any economy for politics. Hence, a private person or body get acquitted from punishment by making appeal to prove his helplessness. But such right of appeal could not be enjoyed by the bribe taker in the cases of corruption incurred on the higher ranks.

 

Chapter – Nine
Appointment of Vice Lokpals and Lokayuktas to control every kind of corruption

 

32. The Lokpal will appoint 4 Vice Lokpals under him in order to control every type of corruption and to prevent the possibility of intervention by any person or institution in the smooth functioning of the office of Lokpal.

 

a) The first Vice Lokpal will work to enquire into the charges of corruption put on government functionaries will prevent intervention in the function of Lokpal and to disciple and punish the bribe takers. He will be called Vice lokpal- Political and Administrative Affairs (cases).

 

b) The Second Vice Lokpal will work to restrict from intervention in the enquiry and punish to bribe givers and to those income tax payers, who will be above than the line of richnesss defined by the parliament. He will work to discipline and punish the big industrial houses and industrial organizations in the cases of involvement in corruption deeds. He will be called Vice Lokpal - Economic Affairs.

 

c) The third Vice Lokpal will work to discipline and punish industrialists and traders; political, cultural and financial institution; the leaders and officers keeping relations and getting protection with foreign agencies which are involved in the deeds of corruption. This Vice Lokpal will recommend such legislative provisions to constitute competent international institutions which can make those international laws and agreements defunct which protect the corrupt people of the other countries and the amount gained by them through corruption. He will be called Vice Lokpal - Foreign Affairs.

 

d) The fourth Lokpal will review those laws of the state and values of the society prevalent in the country and will suggest amendments therein to the government for action, which are motivating people for corruption.

 

33. Every Vice Lokpal will appoint two Lokayuktas each, under them which will be called Central Lokayukt.

 

Chapter – Ten
Fiscal provision for the Lokpal

 

34. As any institution and person is most likely to be influenced by such institution and person from which they get money for their expenditure. If the Lokpal receives money from the consolidated fund of India, he is likely to be influenced by the Indian government. If he receives money from the richest class, they will use the Lokpal for their private interests for success of their acts of corruption. Hence, to make financial provision for the Lokpal a new fund, parallel to the consolidated fund of India will be created which will be called ‘Lok Nidhi ‘ or Peoples Fund.

 

35. Lok Nidhi (Peoples Fund) will be levied as a portion of that income which will be send by the Indian government to the personal accounts of the adult citizens considering them the owner of the collective property of the citizens.

 

Chapter – Eleven
Provision regarding bringing the part of the prime minister under the purview of the Lokpal

 

36. As post of the president, chief justice, Lok Sabha Speaker and the Prime Minister represent the apex power of the state, their function have created discontent in a section of society due to passing time with increased education and invention of technology. In this situation a need is felt necessary of such an electoral system which could satisfy all the classes of the society by the works of these constitutional posts. Till such electoral system is not invented, it has become necessary that by making such emergency management like Lokpal, the post of the PM should be brought under the purview of Lokpal and an effective check on the problems like corruption should be minimized.

 

37. To constitute the Lokpal and bring under his purview the post of the PM and to maintain the fundamental structure of the constitution of India is possible only when the democratic value of the Lokpal should be more than democratic value of the PM post so that the rights of the Lokpal to rule over the executive and legislature could be held democratic and logical. This is possible only if the process of constituting the Lokpal would be more democratic than the election of the post of the PM. As MPs take part in the election of the PM. It is necessary that in the selection of the Lokpal the MLAs and block Pramukhs should take part presently having greater number than the MPs. As MLAs already have the right to elect the chief minister, so it is better than instead of giving them double right of voting, the Lokpal should be elected by the majority of all the block Pramukhs of the country. Thus the rights of the Lokpal to rule over the executive and legislature could be deemed democratic and rational. The election of Lokpal should be fought only by that person who had been the judge of the Supreme Court or having the qualification to become so.

 

38. In the selection process of the Lokpal, there should not be any intervention and role of any such person who was awarded by any foreign government or institution. So that the foreign powers could not be able to succeed in operating the PM office through Lokpal.

 

39. The parliament will make a law to identify rich persons and institutions to keep the Lokpal unaffected by the power of money and media owners. The list of such persons and institutions will publish on public domain. Parliament will instruct the government to keep vigil on them and Parliament also instruct the government from time to time to evolve the competent draft of bill before the parliament to check the interference of the such powers.

 

Chapter – Twelve
Power of Elected Lokpal

 

40. Lokpal can initiate inquiry on the charges of corruption or of any other kind to take or give the bribe against even the biggest of political or commercial organization, industrialists, traders, justices and even the PM without taking permission from the Lok Sabha speaker, President and High Courts and supreme Court and can punish them himself as per rule.

 

41. Lokpal can send any accused to jail to prevent the intervention in the inquiry with immediate effect.

 

42. Lokpal cannot award death sentence in any type of case as it comes into a savage category but he can give imprisonment for maximum 10 years.

 

43. The Lokpal will equally punish the accused of corruption as well as the person provoking for corruption. If the provoking or motivating is done by any law or institution instead of a person, the accused person will not be punished till such law or institution is reformed.

 

44. The Lokpal will give adequate protection to the people working against corruption and cooperating in inquiry.

 

Chapter – Thirteen
Provision regarding qualification required for occupying the post of Lokpal

 

45. Only that person can fight the election of Lokpal, who has been either a judge of the Supreme Court or has the qualification to become the same.

 

46. Besides other qualification, only such person should be made Lokpal who would make a legal declaration to donate unconditionally to that portion of his mobile or immobile property possessed by him or her to the consolidated fund of the country which is in excess than the national average income with him.

 

47. Lokpal must be prohibited from getting through salary and allowance the amount more than the average income of the nation, so that he or she may be continue to associated with the economic aspirations of the BPL and APL section of the society. Some different type of person should be searched out with some unique character for this post who could save himself from being influenced by the minority elite class.

 

48. After getting posted on the post of Lokpal one should not be able to give any kind of property to his progeny inheritance or to donate to any person or institution. Thus only that person would be able to occupy the post of Lokpal who has no attachment with his offshoots or property. Both these objects have been the main motivators of corruption.

 

49. The process of appointment of the Vice Lokpals will be coherent with the different natures of their work. They will be taken from different spheres. The role of Lokpal will be only to giving them oath and coordinating them.

 

Chapter – fourteen
Provision regarding removal of the Lokpal from the post

 

50. The President of India will have right to remove the Lokpal on the condition that the method of election of the President would be reformed making him the Rashtra Pal and the adult citizens living below poverty line in the country should also be made voters in his election so that the poor of the country who are deprived representation would get at least one representative. Then the democratic value of the post of president would be more than that of the Lokpal and his rights to rule over the Lokpal would be deemed democratic and rational.

 

51. The parliament will have right to recommend about the removal of the Lokpal to the president with condition that the parliament would pass such resolution by simple majority.

 

Statement of Objective and causes

 

It is observed today that the struggle against corruption has been accelerated but the corruption has increased with a bigger pace. In fact the main reason of this is the constant error in identifying the corruption and the corrupt people. The people who are besieging against corruption on one hand are also supporting the corruption of the established system on other hand. Corruption prevailing in the public sector is deemed as a big threat to society due to the efforts of media. But the same media is condemned to hoodwink when faced with the sight of corruption done and get done by their own managers. Due to various laws regarding unlimited right of inheritance, children of the super rich section of society become owners of big capital without doing anything and the state power having ownership of a very small capital, in comparison to them helplessly bows down before their corruption. The real control of the political power on the economic power-holders has came to the end and consequently the current democracy and state are being directed by the order of the only rich section of the society instead of the order of the general public.

 

Today public functionaries like doctors, engineers, IAS, PCS, MPs and MLAs have understood the fact that because of the provisions regarding inheritance they can transfer only property in the names of their children but not degrees, diplomas, honor and prestige earned by high degree of patriotism, dutifulness, honest behavior, public responsibility, accountability and hard work. They look that the children of the billionaire can become a billionaire because of legal provisions but the children of the doctors, engineers, IAS, PCS, MPs and MLAs cannot become the same. Examinations and various tests are imposed only on the children of the persons working in public sector. This experience has been motivating public functionaries to work only for their children. Due to these faulty laws honesty, patriotism and dutifulness have become meaningless. If theoretically it is accepted that everybody works only for their own children, then one would be called corrupt who works for the nation and the society. If some people should be permitted to work only for their children, then how the rest of them be compelled to work for nation, culture and society? In fact, when the persons working in the government sphere are accused of corruption, they feel such discriminating compulsion with themselves, and some people even make corruption itself a weapon to rebel against the system. They feel that why not the inheritance law should be delimited and caparison should be impaired on the people of industry and trade to work for the nation, instead of their children.

 

Looking at all the dimensions of the problem of corruption and the growing fever thereof, it has now become necessary that all types of income which comes without labour the labor of the owner should be deemed corrupt. Everybody should be treated corrupt, who possess such income. Such person may belong from any field. One may be from the government sector, or from industry and trade sector. The money produced in the economy without labour, should be calculated and should be distributed among all the voters in the form of Votership. Then the competition to snatch this income between the state and market forces will come to an end. Today the people from industry and trade want to usurp this money produced in the economy without labour should come to them in the name of rent of the capital and people from government sector want that it should come to them by way of corruption. Most of the people who are fighting against corruption are neither ignorant about all the aspects of this problem nor deliberating and conspiring to pour all the wealth of the country produced without labour in the bag of capitalists in the name of rent and value addition. Hence, it is clear that some people are fighting a real battle against corruption, while some are fighting the pseudo battle.

 

Because the fake battle being fought against corruption, the battle of citizens’ partnership in the growth created by economy becomes a back burner. The debate is suppressed as to which types of taxes, how much taxes and which quantity of the taxes should be imposed in order to aggregate the sufficient portion of GDP in the form of revenue required for the development of common public. For the people fighting the fake battle against the corruption it is more important that out of tax revenue of 10 crore rupees, 4 crores leaked through corruption should be used correctly irrespective of the 40 crores being left untouched with the rich. They are least interesting in accumulating it as tax and put in the service of public sector. Such people fight for 5 crores but leave 40 crores untouched.

People fighting pseudo battle against corruption accept easily all the consumerism, luxury, extravagance and tearing the law into pieces of rich section of society for progeny. Their objection is only that no person working in the government sphere should be able to do any such ill deed. In fact a widow can maintain her widowhood, provided the widowers or wifeless persons should have self restriction and good conduct. The honest people working in the government sector are like the widows whose widowhood is being destroyed by the debauches of trade and industry sector. In this entire prospective the community of people raising pseudo and fake battle against corruption is like that rustic panchayat (jury of villages) which is punishing the widow finding her pregnant with illegal fetus one hand and on the other same panchayat is allowing debauch for free wandering into the colony of widows. That is why the battle against corruption is giving no results and such battles have become professional battles. In this bill deeming corruption as a serious problem, non-favoring measures have been suggested.

 

New Delhi

09 May, 2011

(Bharat Gandhi and other petitioners)

 

PRAYER

 

In the light of facts and analysis mentioned above, petitioners pray to Her Excellency as under:

 

1. The Lokpal bill -2010, introduced by the Ministry of Law and Justice should be rejected.

 

2. The notification (extra-ordinary gazette, part 1, Section 1, No. 1 (42)/2004 Legislation-1. 8th April, 2011) issued through black mailing the government by media should be repealed.

 

3. The process to produce bills, only for appeasement, should be given up, through which the Joint Bill Drafting Committee has been constituted.

 

4. Lokpal institution should be formed definitely but it should become the medium of nurturing the people, of ensuring social security, and it should not become the medium of industrial houses to govern the government itself and clamp economic atrocities of the poor / economic slaves of the country.

 

5. For the work proposed to be taken from the Lokpal, another institution should be created separately which should be called Supreme Board on Anti-corruption.

 

6. The suggestion given in the enclosed Lokpal bill prepared by the petitioner should be considered in formulating the final draft of Lokpal bill.

 

7. That, the provisions of the Lokpal bill – 2010 proposed by the Central Government should be accepted provided that all the provisions of the bill of the government should be considered null and void, which delimit any suggestions of this petition and provisions of the enclosed Democratic Lokpal Bill.

 

8. That, the in the Jan Lokpal Bill – 2011, propagated by the media, which delimit any provision given in this petition and enclosed bill should be deemed null and void, and remaining provisions of the Janlokpal Bill- 2011, propagated by media, should be accepted.

 

9. The petitioner should be invited personally to explain his provisions, in the process of constituting the anti-corruption institution / Lokpal.

 

10. Her Exellency will please inform before due time the petitioner, about the action taken by the office of Her Excellency on this petition.

 

 

(Bharat Gandhi)

 

 

09 May, 2011

New Delhi

 

encl: Supreme Board on Anti-corruption / Lokpal (Establishment) bill-2011