Monday, September 14, 2009

Need to revisit provisions giving protection to corrupt public servants

There is popular saying - If you see a place where there is no corruption..then you are in illusion .Such is the rampant spread of corruption across the globe and there is no heavenly place on earth where there is nil corruption. Its only that at one place there is less corruption and other place there is more corruption. Its like choosing best among the worst. Corruption is one of the problem which a nation faces within the system.It is an internal problem along with many. So its up to future civil servants to come up with a determination to tackle this without being a part of it.

Law Minister Mr Veerappa Moily - proposes to amend constitution regarding the provisions giving protection to corrupt public servants. This can be incorporated in mains answer writing - for the measure to curb corruption among public servants. In this you can show the examiner that you have understood the provisions of constituion and your answer look different.

GM StudyCenter

(source 'The Hindu')

New Delhi: Union Minister for Law and Justice M. Veerappa Moily said on Sunday that the Centre would consider amending Articles 309, 310 and 311 of the Constitution, thus removing protection and safeguards in prosecuting corrupt public servants.

He said prior sanction should not be necessary for prosecuting a public servant “who has been trapped red-handed or found in possession of assets disproportionate to known sources of income.”

The Minister, in his valedictory address at a national seminar ‘Fighting Crimes Related to Corruption,’ was responding to a suggestion by Chief Justice of India K.G. Balakrishnan on Saturday for amending the laws to provide for confiscation of properties of persons convicted in corruption cases.

The seminar was organised jointly by the LNJN National Institute of Criminology and Forensic Science and the CBI.

Mr. Moily said: “There is a feeling that the protection given to the public servants under Article 311 of the Constitution is being used to create obstacles for expeditious punitive action.” He said: “Article 311 as interpreted by our courts has made it very difficult to deal effectively with corrupt civil servants.”

He said: “There is no gainsaying that the provisions of Article 311 have come in the way of bringing corrupt civil servants to book. Article 311 would require a revisit.” It might be repealed along with Article 310 and legislation should be passed under Article 309 to provide for the terms and conditions of service of public servants, including necessary protection against arbitrary action.

The Minister said: “The menace of corruption is an important issue that is bothering the policy makers, administrators and the general public for a long time. The prevalence of widespread corruption and ineffective anti-corruption interventions in this country has led to public cynicism.”

Economic necessity

“The fight against corruption is not only a moral imperative but an economic necessity for a nation aspiring to emerge as a global player. Corruption discourages investment (foreign/domestic), harnessing of best technologies, resources etc. that requires transparency, fair play and is an impediment for integration with the global economy. Fighting corruption and building good governance are of paramount importance for achieving rapid economic development.”

The Minister suggested wide-ranging reforms to curb corruption — the scope of the Prevention of Corruption Act should be widened to include gross perversion of the Constitution and democratic institutions amounting to wilful violation of the oath of office, abuse of authority by unduly favouring or harming someone, obstruction of justice, squandering of public money and collusive bribery.

Forfeiture Bill

Mr. Moily said the Corrupt Public Servants (Forfeiture of Property) Bill, as suggested by the Law Commission, should be enacted without further delay; steps should be taken for immediate implementation of the Benami Transactions (Prohibition) Act 1988 and statutory protection for whistleblowers and victim protection.

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