From: Karmayog.org
Sent: Friday, March 02, 2007 10:15 AM
To: info@karmayog.com
Subject: Pl suggest systemic changes in Govt. procedures to reduce Corruption
One of the focus areas of the Anti Corruption Bureau, Maharashtra, is to “Exercise Effective Corruption Control”. This can be done by ensuring that Government departments are made citizen friendly and their procedures are designed so as to minimize opportunities for corrupt practices.
The Mumbai – Pact Against Corruption (M-PAC), which is a collaboration between the Anti-Corruption Bureau and the NGO Council and Karmayog, invites you to suggest systemic changes for improving procedures in Government Departments.
All suggestions received will be compiled and discussed with the ACB, after which the ACB will take up the same with the concerned Government Department and Ministry.
Examples of some of the areas where citizens have consistently been expressing difficulties include: the Octroi Department, the Regional Transport Office, the Building Proposals Department of the BMC, the SRA, etc.
Please be specific in your suggestion regarding particular Government Offices e.g.
– which are the points of corruption there, why, and how should the procedure be changed
– what other steps e.g. disseminating information, changes in policy should be done by them
Examples of good procedures and best practices that you have experienced would also be welcome.
M-PAC details are at www.karmayog.org/m-pac/
Other information is at www.karmayog.org/anticorruption/
ACB news are at www.karmayog.org/acbnews/
Let’s not be sceptical about curtailing corruption.
Corruption is caused due to gaps in procedures. That’s it. It’s that simple and straightforward.
Laws which are fair, and implementation procedures which are well thought out. That’s usually all what’s needed.
Regards,
Vinay
Responses (61-80) :
61.
its good to see corruption being discussed in some forum. there
still is hope.
a friend of mine was telling me about a junior engineer, who had
paid hefty amount to a concerned officer to get himself promoted to
the post of assistant engineer. his name, however, was not in the
list of the promotees. he was furious. ” what a dishonest man!” he
roared.
i thought over the narrative and concluded that the definition
of ‘dishonesty’ itself has changed. there was a time when ‘a person
who took bribe and worked’ was considered dishonest. not any more.
now ‘a person who takes bribe and works’ is an honest man.
a ‘dishonest’ man is one ‘who takes bribe but do not work’.
no amount of rules and regulation will check corruption. they will
only increase it. the only only way out is to think of something to
bring about an attitudinal change in the people today.
keep the good discussion going, though. i hope something will come
out of it.
– akhatayu
[Rules and regulations will increase corruption !?!? Pl go West and see for
yourself if this is true. Vinay]
62.
Ending Corruption: Honesty Instituted Collaborative Competition
Greetings and welcome to a Changemakers Collaborative Competition that confronts corruption, around the world by “open sourcing social solutions.”TM This is the 10th Changemakers collaborative competition that is building an online community to refine, support, and implement these innovative solutions.
Enter this competition by documenting your solution on the Changemakers site, where it will be reviewed by peers during the competition and judged by a panel of leading investors who will choose approximately 12 finalists.
A global community of changemakers like you will vote for three overall winners, who will each receive $5,000. The competition provides entrants with global exposure, feedback on their work, and the opportunity to connect with other social innovators.
All entries must be submitted by May 16, 2007. We encourage you to submit early entries before March 28, 2007 in order to have a chance to qualify to have your entry profiled in a magazine or journal.
Changemakers also encourages you to submit photos of your project. The best picture will be awarded a prize of $500.
We look forward to your participation in this effort to connect innovations with the resources needed to fight and eliminate corruption at all levels.
We look forward to hearing from you and connecting your innovation with investors and decision-makers.
The Changemakers Team
Duttkumaar Desai
63.
From: dayal chandrahas
- Focussing on the citizens who get the corrupt officials caught may be counterproductive, for example, the authorities may keep a sharp eye on these people. Recently, an officer accepting bribe was caught. There was mention of that in a low circulation daily. However, the person who took the initiative in booking him was very worried. His name was mentioned in the paper.
- There should be a website of ACB on the culprits and the incidents. It should be followed by regular ads. “have you recently seen www – anti-nationals – com ?” “Did you read about sub inspector XYZ? Visit our www.—–” etc.
- Interviewing family members is a good idea. It will be useful to rope-in bold channels like ndtv in this.
Chandrahas
[1. You (and I) won’t have the guts to lay a trap for corrupt officials, so your perspective is different from the people who approach ACB to lay traps. In any case, they know that their name will be public because the matter will go through courts, etc., in which they have to be present.
- ACB has some such info in the ‘News’ link on its websitehttp://www.acbmaharashtra.org/.
- NDTV doesn’t think, I think, that it will get good TRP ratings. At least, they couldn’t figure out how to / where to position such a program, when ACB and we talked to them.
Regards, Vinay]
64.
From: “Narendra Khot”
I will respond in greater detail on this subject shortly, but meanwhile,
would request you to see www.arthakranti.org (recently put up, finer touches
pending, but the main matter is there)
Please check out the ppt. presentation and the other matter/data on the site
and revert with your impressions…
Rgds
Naren
[Not related to corruption so did not see in detail but my quick comments on
your 4-pronged proposal:
a) Withdrawal of existing taxation system (except Customs and Import
duties).
b) Single 2% tax on every transaction done through bank
c) highest currency denomination rupees fifty
d) cash transaction above rupees two thousand will be illegal
a) taxes have multiple objectives — e.g. controlling inflation, spreading
equity, tracking the economy and people, etc.
b) so every time you deposit or withdraw, you lose 2% — extremely
debatable
c) highly impractical — and using the wrong weapon
d) highly impractical — and unenforceable — will only increase corruption
One wonders if you have run it by some economists and bankers?
Anyway, all the best. Regards, Vinay]
65.
From: SUNDERLALL DHINGRA
Go to http://www.pmgsy.nic.in/ and see it as citizen.
it is Prime Minister’s Gram Sarak Yojna or PM’s Rural Roads Programme.
Dhingra
sl.dhingra@gmail.com
[Seems interesting. Thanks. Vinay]
66.
From: Shakti Prasad Ghosh
I shall suggest certain basic deficiencies plaguing the Govt. offices irrespective of Central and State Govt.
Certain initiatives, if taken and followed, should ameliorate the general public to a great extent. Changes in Govt. systems and procedures may be thought after initial improvements. Initiatives are as follows:
1.Every Govt. offices must display its duties and responsibilities and should announce the period and days for each functionsand the documents required.It should also indicate the name of the person who should be contacted for any difficulty and guidance.
2.To achieve the above, the attendance of staff and their commencement of work must be punctual. In case it happens that some staff is late , the other staff members should attend to his duties.
- No staff members should leave office unless he has completed what has been promised to public the next day. Public should never be asked to wait and come another day.
4.The Officer in Charge should strictly monitor the above aspects.
5.In case service is by way of communications in hard copies, all inward letters should be inwarded with numbers and delivered on the same day to staff. The Officer in Charge should monitor at the end of the day the reply that are to be sent on the day have been done and in case any case remains pending, he should ensure with staff and attend to that.A outstanding list should be prepared showing the communications which should have been disposed off but not done and reasons therefor and put up to the Departmental Head.It will be his duty to pinpoint the lapse on the part of the staff and suitable detterent actions to be initiated. At this stage, it would be his responsibility.
- Dept. Head should be available and accessible to any member of public requiring his help.
7.All members of staff irrespective of cadre and position should have power to discioline the staff members workin under him.Suitable record to be maintained for lapses causing deficiencies in service against any members of staff.Rigorous and exemplary punishment to be awarded. Hon’ble judiciary would like to be satisfied that sufficient scope and chances have been given to a staff and still he has not improved.His continuation is against the public interest
Being in public service for over three and half decades, I am firmly of opinion that small steps within the existing laws are sufficient for good public service.Even after serving such a long time,I fail to understand how staff maintain strictly office timing without caring completion of tasks for the day. Accumulation starts from here. Office timings were introduced during British colonial days and as it suits everybody, the timing goes on.The private sector follows differently and that is why they are accountable and productive.
If any Govt. Dept. has improved, I think it is Income Tax Dept. though lot procedural changes are required to improve further.
[Thanks. Will mull over what to do next. Vinay]
67.
From: Ravindra Khardekar
Various schemes of ‘Paperless Office’ have been implemented world wide.
I have some comprehensive kind of solution to most difficulties. Biggest of them is maintaining authenticated hard copies. My solution is to make the minimal necessary record in hard copy itself to be machine readable and depending on its sensitivity to be ‘machine retrievable’.
How does this fit into your theme of ‘systemic change in Govt. procedures’ is some thing you (Vinay) should be easily able to figure out.
The final authenticated copy of any record in this system is partially online in a protected mode. It is fully retrievable mechanically, is machine readable for further use and for reference purposes etc. This takes care of the security issues and also addresses the greatest of mind – blocks in any office , that of hunting for the records from unsurmountable pile of records, and further of reproducing it for next steps.
Xeroxing a document and dumping it on each other is worst kind of most useless activity human kind has endowed it self with.
I have many solutions of different levels for different social short comings. I don’t know the effective way of getting them across the board to social units that need them though.
Ravi Khardekar
ravindra.khardekar@gmail.com
[ Some methods to do ‘getting them across the board’ would be:
- a) write your contact details in every communication 🙂
- b) do you have a write-up, presentation, or website which gives an overview?
- c) is anyone using your solution anywhere? If so, please give details including contact details.
- d) can you give a demo?
Regards, Vinay]
68.
By long lasting implication I meant- that many of us just encourage corruption/or become part of this system because we take SHORT CUT to Success.For eg when we want to get our file clear in govt dept we our self give bribe and forget that it is one more extra support to this Giant of corruption and then it becomes part of system and when it becomes hurdle for us then we start complaining.We complaint against what- the system what we promoted.
All this kind of small bribe we pay becomes long lasting,and then it requires joint effort and movement and ages to remove corruption.
ACB news comes every day,but it is part of small system,why not make it part of daily update kind of report and have monthly/fortnightly discussion on it,why not have system where we publicise the dept which promotes most corruption,why not have community/forum discussion of different types of corruption.The reporting of corruption happens like any other crime report or any other report,with this reporting more should be added-it can be moral of the story or public figure every time saying that don’t promote corruption.
Also yes I will complaint,but Iam not sure what kind of harassment I will undergo after complain,from the dept and person against whom complaint has been lodge and from the complaining authority where we lodge corruption- how many times I have to go?.This is because I am not clear about the procedure and I don’t have confidence in the system.,
Yes you are right the dept of complaint exist but please note many of us don’t know, the busy lifestyle has not made us to know this.Why not publish list of dept and procedure for complaint.Why not publish the booklet,and distribute through NGO,forum,community etc.RTI is there but how many people have time and patient,there should be body-NGO/group,who constantly reminds people and do all the PUSHING against CORRUPTION.
Sailesh Mishra
69.
From: sadanand rao
Dear Mr. Vinay Somani,
Corruption has become endemic and part of our system and it is impossible to eliminate or even reduce it unless our system is practically turned upside down with changes on such a vast scale as to change its character. I have tried to make a few suggestuions, most of them obvious and often discussed, but bears repetetion when making a list. Any way here are some of them. A lot more could be added. The list can be endless. Please see below.
I.S.Rao
CHANGES REQUIRED IN GOVERNMENT PROCEDURES FOR
REDUCING /ELIMINATING CORRUPTION.
Corruption always starts at the top. When a subordinate knows that the officer above him takes bribes, he too will follow suit. However, the basic reason for the spread of corruption in our country is our corrupt political leaders, who, with a few exceptions, have been generally corrupt or at least tolerant towards corruption. Our political system has also, unfortunately, been so designed that it helps shield the corrupt even while investing him with vast powers to delay or block taking decisions and at the same time provide him vast avenues to block /delay investigation when he becomes an accused… While it is an accepted fact that greed is a human failing and it is practically impossible to eliminate corruption in all its forms unless all human beings turn into saints, a lot can be and needs to be done to at least reduce corruption. Even a reduction in the level of prevailing corruption is not possible by making a few changes in the procedures or rules and regulations. Our political system and method of governance needs a thorough overhaul to have any impact on reducing corruption by any extent. A few suggestions:
- The official secrecy act should be eliminated and any citizen with sufficient evidence should be free to launch prosecution against any official. No government permission should be required for this purpose. However to prevent witch-hunting and harassment, the accuser should be made liable for criminal action if his accusation is found to be frivolous or without substance. There is a move towards this, but no concrete action seems to be forthcoming.
- The police and all investigating agencies should be made independent of the executive and placed under the vigilance commissioner with powers to proceed against anyone in authority on the basis of solid evidence.
3 The number of judges, particularly at the lower level, should be increased with sufficiently high remuneration to attract talented people and made completely independent of the executive with independent authority on the lines of public service commission to select and appoint them.
- Time-limits should be fixed for the disposal of different types complaints. Complaints should be categorised depending on the seriousness of complaint to facilitate setting up these time limits. Laws should be enacted to prevent lawyers asking for extensions on flimsy grounds.
- The present form of lodging complaints with the police should be changed and written complaints from the complainants should be accepted by the police as F.I.R. with the police given authority to make their own noting /additions based on questioning the complaint as part of the F.I.R.
- The initial questioning of witnesses should always take place in front of a magistrate and recorded in front of video cameras to prevent accusations of use of force and changing the testimony once given treated as criminal offence and punishable.
- Human Rights Groups should be authorized to conduct regular inspection of prisons and other detention camps to submit regular reports on the state of prisoners / inmates to the vigilance commission who should have the authority to suitable action.
- The authority to make noting on files should be taken away from lower level staff like clerks whose business should be just to put up various facts as are available to his officer who should only have the authority to make the noting and be held responsible and accountable for his observations.
- Laws should be passed to prevent withholding of files by fixing time limits for their disposal. In case of delay the officer should be obliged to give reasons for the delay on the file itself.
- All government offices should be provided with punching machines with everyone required to punch his card while entering office and leaving to enforce attendance on time.
- Conference rooms equipped with video cameras should be provided in all offices and officers should be prevented from receiving visitors in their rooms. No visitor should have direct access to any officers.
- All categories of personnel in government service should, by law, compulsorily made to declare their assets and liabilities including that of their close family members every year and these should be made available on the web-sites of their departments.
- No person with any criminal case pending against him should be permitted to stand for any election including those of local bodies. If any criminal case is admitted by any court on the basis of evidence produced against any person already elected to either local bodies, state legislature or parliament, he should, by law, stand disqualified automatically.
- Minimum qualification are prescribed for all category of offices, but none for being a member of legislature or parliament even though they are supposed to frame all laws and govern the states and the country. It is necessary to prescribe a minimum qualification for both.
- Similarly it is necessary to prescribe a minimum attendance for both MLAs and MPs. and members who do not attend should be disqualified. No daily allowance should be permitted for absentees.
- Political parties should by law made to declare their income tax return every year. All contributions to political parties by individuals and companies should be made deductible from income as permitted expenditure.
- Candidates sponsored by political parties, if elected, should by law made to resign and disqualified if they change the party after election.
- None of our political parties function based on a set of principles- as a matter of none of them have any. They change their stance without any compunction, depending on the exigencies of circumstance prevailing and join hands with the devil itself, to gain temporary advantage over its opponents. If ways can be found to make these political parties declare the principles and objectives and make them adhere to and act on these principles, a good foundation would have been laid to make our country corruption free.
The above are only a few of the suggestions. Our political system has over the years created innumerable avenues that breed corruption. One can go on enumerating and the list will be endless.
I.S.Rao
raois@hotmail.com
70.
From: Bharati
Examples of good practices where work was done smoothly are:-
(i) Passport office at worli
(ii) Passport enquiry at dindoshi police station
(iii) Birthcertificate offices at Malad and Sion
Places which were not smooth :-
(i) Marriage registrar office at Bandra
71.
From: captainjohann samuhanand
Dear vinay,
- thanks for the invitation for suggestions. Being a diehard pessimist, i really marvel at the suggestions given by talented individuals and the CRISP oneliners WHICH YOU ADD.
- To me the story of Birbal and the corrupt government official come to my mind. There was this corrupt person who could be always corrupt in which ever job he is assigned. Birbal got fed up and told him to count the waves in seashore and thought this will put him in spot. Birbal was satisfied with his achievement. Then after a month when Birbal was walking the beach, he found the same corrupt chap counting the waves but all the people who pass in front of him putting a particular amount in front of his open towel. Birbal got curious and asked him why the people are paying this amount to him? He said that he has warned the people that Akbars army will collect a particular amount from every household in that area if he STOPS counting waves. So they are paying him 1/10th the amount so that he will not stop counting the waves!!!!!!!
- First one has to understand CORRUPTION. It is basically a PROCEDURE EVOLVED SO THAT THE RICH AND POWERFUL do not face the QUEUE in every aspect of civil life. for example Railway reservation. the procedure of TATKAL actually legalised corruption and the rich are happier. You see the income tax , i DONOT FEEL GUILTY WHEN I CHEAT THE GOVERNMENT. For example my pension is 13,417 rupees per month. I was getting 20,000 as a class I central govrnment officer,.i had a good house and though i could not be corrupt (being a jet pilot), i had government medical coverage and need not bother for plumber,electrician etc. Now i am retired and i have a 755 square feet house way below the 4 bed room house i had. i am not saying i am corrupt because of this. But my wife (who is a stroke patient) and me who is a heart patient do not mind cheating the government on incometax by putting money in FDs at amounts below 30,000 as it is not tracked by Itax and i have to look after my disabled daughter and have some helppers for my wife in the kitchen.Almost all the senior citizens do this cheating because WE DO NOT FEEL GUILTY.
- See the BAIL APPLICATION in front of courts coming for Sanjay dutt.Why there are so many appearances?You ask the lawyer if he is your friend, then he will tell you, the court clerk involved, the bench involved and of course the public prosecutor, police doing the investigation etc. Why not ONE BAIL APPLICATION AND ONE APPEARANCE? Then the lawyers will go on strike!!!!
- Octroi. It is again a method of CORRUPTION for the State governemnt .Otherwise it could be removed very easily by imposing a fuel surcharge.But OCTROI has to be thrre to FEED the corrupt.
- RTO, Again which RTO conducts tests when you go through the dalal especially in small towns.The medical test (even if you are totally blind), etc will be just overlooked once you pay the dalal and so he is actually a helper for aged and woman etc who cannot brave the QUEUES.
- When Ambani clan was purposedly arrested by that honest Politician VP singh on a saturday evening, THE SUPREME COURT OF THAT DAY CONDUCTED THE BAIL APPLICATION THROUGH A VACATION JUDGE SITTING IN HIS HOUSE AND GAVE THE BAIL!!!!
- So corruption cannot be eliminated as long Rich and powerful exist.
- But it can be made manageable by RTI, egovernance etc for ordinary people once ordinary citizens are EDUCATED IN SCHOOL itself through textbooks about their RIGHTS.
- sorry for my blabbering. with kind regards.
[ 1. “a diehard pessimist” — what a waste of human life!
- Birbal cartoons to tackle corruption — that is truly a catchy idea.
- The human mind is great at rationalising. And conscience is malleable. So what’s new?
- Poor systems. Indians are not yet good at planning properly.
- What is connection between octroi and fuel surcharge? They are completely unrelated. It’s like saying charge a tax on every tyre purchased.
- So what is your point here?
- So Ambani has people who know the law (or its loopholes).
- For me what is more interesting is to see if we can reduce corruption that occurs in everyday life and especially for those who can least afford it. If government departments have appropriate policies, procedures, systems, this can really make a huge difference. You, like so many others, are cynical because you’ll seem to be considering zero corruption. And also you think that the graph of measures undertaken vs. level of corruption is linear. It is not so. The graph is asymptotic. This means that with a little change you can make a huge difference — the 80:20 principle.
- Yes, it is necessary but we should realiste that’s the harder way. Also it is a micro way.
- Thanks. Allowed me to do so too.
Regards, Vinay]
72.
From : “yaduvini”
I have 3 letters for you: Information and Communication Technologies.
The power of the media, even if that is just National Dumbed-Down Tele
Vision, cannot be underestimated in naming and shaming the culprits.
The Great Indian Inventive Intelligence will assuredly find ways of
circumventing due processes set up to ensure transparency and
integrity in government dealings, and indeed monetize those processes.
But set the media hounds loose to flash their lamps on the scoundrels
in their lairs, and invariably, the problem clears up quickly.
Wouldn’t you agree?
Flash mobs are underutilized as a means of centering citizen action
against corrosively corrupt practices. Use the aggressive power of
citizenry by creating flashy and highly-publicized protests by SMS,
not just against Sudhakar Shetty uglifying Shabana Azmi’s view of the
Arabian Sea with an unauthorized beachfront construction but
occasionally against the public official harrassing Jalpesh in
Kandivili as well.
A systemic view calls for an inquiry into the motivations and
incentives for bribe-taking and bribe-giving. Politicians,
industrialists, film stars are all part of the problem. Evading taxes,
circumventing the rules for the benefit of the super-rich have an
impact down the line on policemens’ and octroi collectors’ salaries,
which they seek to supplement through hafta and a piece of the action.
“yaduvini”
73.
C.Ravindranath is 200% right in his analysis of the problem and obserations.Basically, it is giver who is more responsible for corruption that the taker. Therefore, if only the givers become firm in their resolve not to take or ask for favourable treatment from any govt. servant, the problem of corruption will get solved . But the greedy and selfish as the human being is, it is next to impossible to get rid of this tendency. Govt. on its part keeps advising the public not to succumb to illegal demand and report such instances to various agencies appointed by it in this behalf. But the real problems are that we are a democractic nation where every thing has to go according to the so called rule of law. In the process of going by rule of law, many procedural bottle necks have to be encountered. It is indeed these bottlenecks which force the giver of the bribe ( for his selfish gains) to find a short cut to quick solutions The real remedy would, therefore , be that the complaint making and looking into them should be very simple with provision of detterent punishment for making false and frivilous complaints. This should be in addition to redrafting the public related economic and other laws in a very simple language not capable of two meanings. This may help discouraging the babus confusing the common man with the interpretation of the legal language enshrined in the concerned law book.No amount of suggestions from the public for changing the procedures will be accepted unless the legal departments of the ministries of the govt. are receptive to such suggestion in the spirit in which these are made, and are also in consonance with provisions of law prevailing at the moment..
Mr. Vinay, just thinking loudly, why not ask gems like M/S Joginderasingh, Ribeiro, Kiran Bedi , Inamdar, Mendonca and the likes of them to offer their views on ways and means to eradicate the evil of corruption from the entire country and not just from Maharashtra through ACB.
74.
From : “francislmonteiro”
The couruption are due to loopholes in the system.
Pl create one window system for each and every work.
See that the list of documents are give to citizen which are needed to
attach befor giving token no and then application inwarded.
No person should be allowed to meet the officer concerned or clerk
concerned.the difict if any in the application should be informed in
writting and same should be inwarded and given token no.in every case
the date should be given to collect the order,certificate etc.
If he or she is not satisfied their should be appeal and open darbar
held by head of department.
Even after appeal he or she is not satisfied then they should appeal
to higher officer.the officer should give order within one month by
refering to legal people.
If not satisfied than NGO SHOULD TAKE CASE according to merit.
“francislmonteiro”
75.
From: “Jyoti Vora” <http://groups.yahoo.com/group/karmayog/post?postID=0xmQXksbOxPRguHwkYXjNo9yVHoMtaQukC6AQpkG_eZbORNMAfz4mdW75XLYAT9nxwD_189_ieky-XHXsg>
One of the simple ways of totally minimising Corrupt practices in Government
procedures is to generate a system of recruitment in the personnel which is
an open system rather than a closed one. A common panel of individuals with
proven versatility of skill sets and an upright track record should be drawn
(NO RESERVATION ABSOLUTELY), and one or more individuals should be asked to
scrutinise and assess the efficacy and ethics of any procedure at any time.
Everything should be tenure based and close ended in terms of assignments.
-Jyoti Vora
[Good points. But words like ‘simple’, ‘totally’, are counter-productive and
make a reader defensive. Thanks though. Vinay]
76.
From: Justice M.R.Hariharan Nair
- Generally speaking, corruption grows wherever discretion exists and there is want of answerability.
- If there is an effective forum to look into complaints promptly and to give satisfactory replies to the complainant, corruption should end.
- We can take the RTI Act as a good model. If a complaint redressal officer (CRO) of appropriate rank is appointed on selection basis with a befitting special pay in every office/department at the Taluka level and his details including name, e-mail address and phone number are published in the web site of the Vigilance Commissioner, things may improve.
- As in the case of RTI Act there should be provision for imposition of fine on daily basis on officers who do not comply with the directives of the CRO. Simultaneously the vigilance wing should also be strengthened and suprise inspections based on anonymous tip offs made a routine affair. Vigilance wing should be manned by officers selected bearing in mind their integrity and suitability. Even on anonymous petitions there should arise an enquiry of appropriate level.
- If these can be done I think there will be improvement in the situation. Total eradication of corruption will be lengthy process. Let us make atleast a beginning.
[Thank you. Some quick comments if you don’t mind:
- We should think of systems where discretion is possible but the conditions are defined and the decision has to be justified. Reducing humans to machines is not in the long term interest of humanity. We have all been in frustrating situations in which the applicable rules are too stringent and not accomodating and not correct and the implementor has forgotten (or uses it as a defence) that rules are made for general facilitation and smooth working and should not be applied to exceptions.
- It is necessary but not sufficient. It will work with logical people but not necessarily with all of the losers. They will still want to win even if they know they are wrong. So corruption won’t end by just this system.
- A flood of emails and phones can’t be handled easily at all. Moreover, these are not easily actionable or tracked. Ordinary people have begun to receive hundreds of emails a day and those who primarily work via mobile phones also receive hundreds of mobile phone calls (thanks to auto dialling) or sms’es a day. It just can’t be handled. Web-based database-driven forms with time-based or action-based escalation with proper management information systems, etc. are needed.
- Good point. Is there any checklist of norms in govt that define ‘integrity’ and ‘suitability’. Maybe ACB itself could utilise such a checklist for their own staffing.
- Very true.
- BTW, several emails in the yahoo group as linked below messages such ashttp://groups.yahoo.com/group/karmayog/message/21081speak of suggestions to improve systems in the judiciary. It would be nice to read your views on those.
Regards, Vinay ]
77.
Since you have requested for suggestions, over referred item, my opinion is that, even when prime minister is openly says that, inflation is beyond control and he is unable to control for due reasons?-further, there are number of reports for reforms but it is political will of elected parties and members in assemblies and parliament who are commanding powers for ruthless waste of money of public exchaquers- to ensure that, many valuable reforms are implemented very soon if they really desire, public have no trust for confidentiality and expectations for the suggestions sent to ministeries since bureacrates, politicians nexus kills the sacred aims of good for the country at large!!!!-look at police reform report- since long it is shelved and no action- laluprasad court proceedings permission not granted by governmnet to cbi- to day cbi as appeard press reports and media is one of the puppet tool being used for targeted persons.-well i am confident that, in next five years or so country will progress for betterment but changing system in government in procedures is within the hands of bureacrates-politicians- who command powers at various places and know how to make simplified procedures, there are number of reports for simplifications with various government but like quota and sealing resolutions notifications- they are not put to practice. and aim is defeated sir.-let us hope like palkhiwala had said that, un less president of india gives indemnity bond for reforms and other simplifications before budget and confidence can be put in government annoucements, nothing will be so good, many changes are taking place before-after- budgets of state, and centre. however, i am confident about mera bharat mahan sir.!!!!!!
78.
Dear Vinay, I have gone through the letters cited; and found that some of them touch upon delay in functioning of judiciary. The extracts of the relevant letters and my comments thereon are attached. (I am no longer in service and retired from Kerala High Court in the year 2003).
- Judicial System:
2.1 Recently I was fighting in a consumer forum redress case against
the builder. Normally the cases are supposed to be finished within 3
months. But there are so many possibilities of prolonging, at every
stage, the hearings beyond a year even or two . One of the issues is
that the procedure allows to go in appeal to the higher court at state
level and also to the national level even before the district court
gives its judgment and there are no issues of writ of mandamus
involved. By a simple order that no consumer case, under whatsoever
circumstances, can be heard at a higher court until the lower court
has given the verdict would put a stop to frivolous procrastination
by the effected opposite parties.
(Justice Nair: My views: Not practicable. Unjust orders may be passed which if uncorrected, would cause irreversible damage. Immediate challenge may be the only other remedy. Eg. An order that the petitioner should, to ensure his good faith, deposit Rs.50,000 as condition precedent for production of a crucial document by the manufacturer. Further, even if interim orders are made unchallengable, High Courts can always exercise their power of superintendence under Art, 227 of the Constitution and interfere whether on Writ petition or suo moto. The difference will only be that instead of a cheaper appellate/revisional remedy before an Appellate Forum one will have to conduct the litigation in the High Courts at much more expense and difficulties.)
2.2 The courts are woefully manned without judicial or administrative
staff. In these days where the software people are paying upwards of
Rs.1.0 lac p.a. for even ordinary graduates , how can judges or
stenos be paid measly salaries? Many courts are inadequately manned
or those appointed will not join at all. The courts are just out of
action for months on end.
(Justice Nair: My views: Judges of subordinate judiciary at present cannot have any grievance because their terms and perks have been substantially increased at the intervention of the Supreme Court and through the National Judicial Pay Commission. Ofcourse hard-working stenographers in the Judiciary deserve better perks. I would also agree that work load in each court should be periodically assessed and monitored by competent authority on scientific basis and additional temporary courts should be established to meet the work load. Touring Courts also may be considered. See how much was the positive and welcome impact on introduction of the Fast Track Courts!)
2.3 On any and every case there is the freedom to continue litigation
right up to the Supreme court in various tiers of 3 or 4 levels. There
should be time limits imposed as well as cut off limits without any
further appeal after one or two stages of appeal.
(Justice Nair: My views: Efforts have been made from time to time to reduce the unnecessary challenges and some of these have come up for criticism from the Bar with politicians playing second fiddle. May be, when suggestions in Justice Malimath Commission report and Law Commission reports are implemented (steps appear to be on the way) things will improve substantially.
Sxxxxxxxxxxx
The number of judges, particularly at the lower level, should be increased with sufficiently high remuneration to attract talented people and made completely independent of the executive with independent authority on the lines of public service commission to select and appoint them.
(Justice Nair: My views: In many places the High Court itself is in charge of the selection process in respect of subordinate judiciary and the Executive has little role therein. Eg. Kerala).
- Time-limits should be fixed for the disposal of different types complaints. Complaints should be categorised depending on the seriousness of complaint to facilitate setting up these time limits. Laws should be enacted to prevent lawyers asking for extensions on flimsy grounds.
(Justice Nair: My views: Time limits will become effective only after it is ensured that each court will have only bearable work load. That is not the case in many places; the Consumer Fora, Magistrate Courts dealing the Cheque dishonour cases etc. included. An effective check in the matter of unnecessary requests for adjournments is imposition of exemplary costs provision for which is available even now. But then, sometimes this is defeated by some Counsel who engage in back door treaties or such orders are made the subject cause of challenge before the High Court resulting in more delay and expenses)
(Justice Nair: My views: Time limits will become effective only after it is ensured that each court will have only bearable work load. That is not the case in many places; the Consumer Fora, Magistrate Courts dealing the Cheque dishonour cases etc. included. An effective check in the matter of unnecessary requests for adjournments is imposition of exemplary costs provision for which is available even now. But then, sometimes this is defeated by some Counsel who engage in back door treaties or such orders are made the subject cause of challenge before the High Court resulting in more delay and expenses)
- The present form of lodging complaints with the police should be changed and written complaints from the complainants should be accepted by the police as F.I.R. with the police given authority to make their own noting /additions based on questioning the complaint as part of the F.I.R.
(Justice Nair: My views: Provision for filing written FIR (pre-prepared elsewhere) already exists. If the Police do not accept the same in rare cases, we can always approach a superior police officer like the Commissioner of Police/Supdt. Of Police or even their superiors and present the same. They will, undoubtedly transmit it to the Police Station concerned and ensure that the case is registered and investigated)
- The initial questioning of witnesses should always take place in front of a magistrate and recorded in front of video cameras to prevent accusations of use of force and changing the testimony once given treated as criminal offence and punishable.
(Justice Nair: My views: Such a recommendation was made by Justice Malimath Commission recently and let us hope that this would become law very shortly. The Bill concerned is very much before the Parliament.)
- Human Rights Groups should be authorized to conduct regular inspection of prisons and other detention camps to submit regular reports on the state of prisoners / inmates to the vigilance commission who should have the authority to suitable action.
Justice Nair: My views: Could be done provided all Human Rights Organization work in the right path and act like Caesar’s wife. It may also be note that the Supreme Court has already invested District Judges with powers to depute lawyers (he could be an activist or member/office bearer of an NGO) to visit prisons and to report; (See Para 79, Directions 3 and 5 in the decision in Sunil Batra’s case (AIR 1980 SC 1579); but this is seldom invoked)
79.
From: Sundeep Jalan
I am told that Accounts of Every Public Authority within the Meaning of State as defined in Article 12 of the Constitution of India, are Audited by CAG or by any other Similar Body.
There Reports must be made Public by suitable Coverage in Print Media. The Govt are spending huge money in Advt. on Useless Info. and Other Misguided Achievements.
SndpJalan
[ Thanks. I have no idea. Vinay]
80.
From: “krishna kurup”
building proposals to have token numbers and status of each proposal to be
available on a website.
frequent visits by party can be avoided.
site inspection by sub.engg / asst.engg should also be on the web for
information.tel no and name of sanctioning authority to be exhibited
Krishna kurup