Monday, May 2, 2011

0mar whats happen with u?

Omar Abdullah may have joined the bandwagon of those eulogizing Anna Hazare for raising his movement against corruption in high places and demand for a Jan (People's) Lok Pal Bill but the coalition headed by him in Jammu and Kashmir has been resisting all moves for evolving an effective institutional mechanism to deal with this multi-faced cobra. His government is dragging feet on the issue of strengthening and activising the State Accountability Commission, which has remained defunct for the past five years, to look into the charges of corruption against publicmen and bureaucrats. The J&K Accountability Act, has several flaws and shortcomings which needed to be plugged for making the SAC an effective institution for rooting out corruption. While the government led by Omar Abdullah has failed to bring the necessary changes in the law to make the SAC fully independent, autonomous and effective and armed with the necessary infrastructure, authority and power, it has seen to it that this institution dies its own death. This commission, which could have played a vital role in eliminating corruption, has remained headless ever since its first chairman resigned in view of the hurdles created in its way by the State government. The members subsequently appointed surreptitiously too have bowed out without any significant work to their credit making this institution totally dormant. Instead of reviving and strengthening the SAC by removing its flaws and providing it the required infrastructure including independent investigating agency, the State government has unwisely decided to exclude the government officials from its purview. While there is no move on the part of the government to appoint the chairman and members of the SAC it has gone ahead to approve draft State Vigilance Commission Act 2011 which will be placed in the public domain to seek the people's suggestions. The move, as the civil society members and champions against graft have rightly pointing out, is merely an eyewash and an effort to hoodwink the people.
In the first place it was wrong to exclude the bureaucrats and other government employees from the purview of the SAC by deciding to set up a Vigilance Commission, lacking independence, autonomy and adequate powers and authority. Such a toothless tiger, as civil society members have pointed out, can hardly act as an effective agency to deal with the cases of corruption - both against those who give or take bribe. The chairman and members of the proposed commission will be appointed by the government and as such cannot act against their selectors. What is needed is an independent, autonomous and effective institution like the Lokpal whose personnel are selected independently and not by the chief minister and his cabinet and which has the necessary powers and authority to investigate all cases of corruption both against the poublicmen including the chief minister, bureaucrats and even businessmen. The views of the civil society members, particularly those involved with the movement against corruption, should be accommodated while drafting the desired bill for setting up such an institution. In fact the setting up of Lokpal is not enough to eliminate the canker of corruption. What is also required is to eliminate the sources of corruption by evolving an institutional mechanism for this purpose. The policies which breed corruption and inequality also need to be abandoned

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