21 August 2011

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India Got Sufficient Laws against Corruption – A Biggest Lie

India Got Sufficient Laws against Corruption – A Biggest Lie

Majority Indians believe that India got sufficient laws against corruption.

But the truth is India do not have sufficient laws.

We got the laws and investigative departments whose duty is to implement them.

Following are the names of the investigative departments as well as government servants who the run and control and maintain the India.

1. Police Department

2. CID department

3. CBI department

4. IAS officers

5. IFS officers

6. CVC

7. CAG

Then we got the different laws in India that is IPC, CRPC and like that many other laws.

Jurisdiction of CBI and State Police Jurisdiction –
Law and Order is a State subject and the basic jurisdiction to investigate crime lies with State Police.

CBI investigates Cases related with Central Government employees, affairs of the central government.

CBI is not independent agency.
CBI has to obey politicians, law makers.
CBI needs permission from Government to investigate matter. Matter that is the crime.
CBI is under Prime Minister. CBI has to obey the Prime Minister.

The CBI is directly under the control of Central Government. It runs almost like its department. It has been misused for political purposes almost by all successive governments and parties.

CBI has the powers but is not independent. It is directly controlled by the government.
Also, CBI needs government’s permission to initiate investigations and to launch prosecution in any case.

CBI is not under Right to Information Act.

Central Vigilance Commission –

The CVC is not an investigating agency, and it either gets the investigation done through the CBI or through the Departmental Chief Vigilance Officers.

CVC can only advice the government and departments even if CVC knows the xyz person is criminal CVC can only advice it is the right of those departments to accept or reject the advice of CVC.

Whenever CVC advised major penalty, it was reduced to minor penalty.

Therefore, CVC can hardly be treated as an effective deterrent against corruption.

CVC cannot direct CBI to initiate enquiries against any officer of the level of Joint Secretary and above on its own.

CAG – Comptroller and Auditor-General of India –

First CAG report is given to Government , politicians and then they decide when the report will be tabled in Parliament.

CAG is the auditor of Indian government.

Speed at which government departments reply to audit report questions. There is no time limit that in how much time, within how much period government department should respond and reply to the questions of CAG.

Once the CAG report is prepared after that if CAG report is not good for Government then government delays the tabling of report in parliament. The CAG's audit of the Delhi Metro Rail Corporation was not tabled in Parliament for a year.

CAG has no power to audit public-private partnerships and joint ventures, and new types of expenditure that were not included when the law was first framed. Example - routing of money for the Sarva Shiksha Abhiyan, the National Rural Health Mission and the MNREGA through panchayati raj institutions and non-governmental organisations.

Media has reported that this way each year more than Rs 80,000 Crore is spent and which is beyond the reach of the CAG's regular audits.

Indian Police Departments -

Now We will go to IPS officers and police department everyone knows what is their main duty.
Supreme Court of India also said Police Department needs reforms but no government is ready to give them independence.

Indian Laws – In short I will tell you Indian laws give lot of powers to Politicians without any accountability.
They got discretionary powers thus fine of 500 Million becomes the fine of 5 Million and no one has right to ask that politician.

Why the fine was reduced and that corporation was given benefits?

A suspended officer of government joins the duty again with the promotions as politicians use their powers as they wish as no one is their to ask them

Why? the criminal who was found on camera taking bribe gets his job back and sometimes with pramotion

Our politicians do not fear any one.

Supreme Court of India does not make the laws it can only request the government to make good laws and request may go to dust bin.

In short I will tell you all the Indian laws and Investigative agencies got the limited powers.
They are totally controlled by Politicians.

Laws are very weak and toothless , there is no time limit , no accountability you can see this in following few cases
Few examples -
Cash for vote scam
2G scam
Jagan Money
Hasan Black Money these are the few examples in which the action and law and investigative agencies started to act only after the Orders of Supreme Court of India.

Why they act like this?

A simple and one of the important answer is politicians enjoy unlimited powers without any accountability and all the investigative agencies are controlled by them.

They can transfer any one thus a honest IAS officer gets transferred 40 times in his total service period of 35 years.

And a corrupt officer stays on the post for 10 years even if the law says transfer him after 3 years.
And those corrupt officers when retire they join the different committees of Government and keep earning money.

India got standing committees.
India appoints different commission to enquire into the many crimes , political crimes , commissions are appointed to study laws and find the solutions but the problem is all those reports majority times go to dust bin.

Example = Black money and suggestions given by the committees

We got the laws which are full of loopholes thus they are very weak laws.
Investigative agencies they do not enjoy full powers they are weak.

I think a weak law is not at all a law.
What is the use of the law when 99 times criminal will not go to Jail.

This is the reason Support Janlokpal Bill, it’s the strong law

Suggested Reading –

India - History, Power , Functions of Central Bureau of Investigation

India - Know about CVC, Central Vigilance Commission –

Know about CAG - Comptroller and Auditor-General's (Duties, Powers and Conditions of Service) Act, 1971

Reality views by sm –

Tags- India Laws Weak laws


Vaanbhatt August 21, 2011  

absolutely right...

Amrit August 22, 2011  

Utter nonsense. We need to laws to enforce laws. I agree with you