Showing posts with label Lokpal Bill. Show all posts
Showing posts with label Lokpal Bill. Show all posts

Wednesday, August 8, 2012

Mohammed Hamid Ansari Reelected Vice President of India: Becomes Second Person To Get Two Terms in Country’s Second Highest Office


United Progressive Alliance’s (UPA) candidate Mohammed Hamid Ansari was reelected vice president of India on August 7, defeating NDA’s candidate Jaswant Singh by a large margin of 252 votes. As expected, the election of Ansari for a second term as the vice president was noncontroversial and smooth. The surprise, if any, was not in the outcome, but in the political churning that overflowed from the presidential election. After the Bharatiya Janata Party (BJP) made an overambitious attempt to disrupt Pranab Mukherjee’s bid for the presidency, this was an occasion to recover lost ground. The party sought to first retain its old allies such as the Shiv Sena and the Janata Dal (United), and then win over non-Congress allies such as the All India Anna Dravida Munnetra Kazhagam, instead of looking to poach disgruntled elements within the UPA. The less ambitious strategy was not intended to win the election for its candidate, Jaswant Singh, but to keep the National Democratic Alliance (NDA) united and in fighting mode for the 2014 Lok Sabha polls.

Seventy-five-year old former IFS officer, Ansari becomes the second person after Dr Sarvapalli Radhakrishnan, India’s first vice president (and second president), to get two terms in the second highest office.

Ansari got 490 votes, against Singh’s 238, of the 736 votes polled. Eight votes were declared invalid. Altogether 787 members of two Houses of Parliament were eligible to vote.

Ansari, a Padma Shri recipient, was a surprise choice for vice president in 2007, proposed by the Left, then giving outside support to the UPA government. Congress president Sonia Gandhi had named Ansari as the second choice of her party for the presidential election after Pranab Mukherjee. The Left had no problem supporting him again.

Among those who did not vote were ailing Union minister Vilasrao Deshmukh, admitted to a Chennai hospital, and BJP’s Shatrughan Sinha, recovering from surgery, in addition to 21 BJD members, 11 from TDP and six from the Congress and supporting parties.

Others who did not vote included two nominated MPs, two each from the BJP, AGP, RSP and TRS and Y.S. Jagan Mohan Reddy, one of two YSR Congress members.

Ansari will once again be the chairman of the Rajya Sabha (upper house of the Parliament) by virtue of his election as vice president.

Career Profile
Born in Kolkata (Calcutta) on April 1, 1937, while his family hailed from Ghazipur, Uttar Pradesh, Ansari completed his schooling from St. Edwards High School in Shimla, attended the St. Xavier's College, University of Calcutta, and pursued MA in Political Science at the Aligarh Muslim University (AMU), where he also got his doctorate degree and worked as lecturer.

Ansari – the grand-nephew of former Congress President Mukhtar Ahmad Ansari, a leader of the Indian independence movement – is also a reputed West Asia scholar. He has authored a book-- Travelling Through Conflict. He has written books on Palestine, Iraq and Iran. Some of his views have run contrary to India's official position. He had questioned India's vote at the International Atomic Energy Agency (IAEA) on Iran's nuclear program where the country voted against Iran.

Ansari also upheld a decision as NCM Chairperson when in 2007 he agreed with the position taken by St. Stephens College, Delhi, to earmark seats for Dalit Christians.

Ansari was chairman of a working group on "Confidence building measures across segments of society in the State," established by the Second round Table Conference of the Prime Minister on Jammu and Kashmir in 2006. The report of the working group was adopted by the Third round Table in April 2007.

In the past, a suave and sober Ansari has served in many positions, including as Permanent Representative of India to the United Nations, Indian High Commissioner to Australia and Ambassador to the United Arab Emirates, Afghanistan, Iran and Saudi Arabia. He joined the Indian Foreign Service in 1961.

Ansari became vice chancellor of the AMU in May, 2000 and held the post until March, 2002. He is also known for his role in ensuring compensation to the victims of the Gujarat riots and pushing for a complete re-look into the relief and rehabilitation for riot victims since 1984. He is also known for his strong views on burning issues.

"The language used by the Pope sounds like that of his 12th-century counterpart who ordered the crusades... It surprises me because the Vatican has a very comprehensive relationship with the Muslim world," Ansari had said in 2006 as Chairman, Minorities Commission of India, in reaction to Pope Benedict XVI's comments on Islam.

As chairman of the Rajya Sabha, Ansari faced criticism when the Opposition parties expressed unhappiness at the manner in which he “abruptly” adjourned the House on the night of December 29, 2011 (Winter Session) during the debate on the Lokpal Bill.

Advantage UPA
The result of the election was a foregone conclusion as the numbers were stacked in favor of the ruling alliance. It managed to get the backing of its estranged ally Trinamool Congress and the parties extending it outside support. These include arch rivals, the Bahujan Samaj Party and the Samajwadi Party. The Left parties also supported Ansari.

Undoubtedly, the importance of the reelection of Ansari as the country's vice president lies not just in the United Progressive Alliance managing to get its candidate through with a convincing margin, after sending its presidential nominee Pranab Mukherjee to Rashtrapati Bhavan (President’s House).

Both these victories have undoubtedly come as a morale-booster for an otherwise beleaguered ruling combine, battered over the last two years by scams and crises. There was a time two months ago when the ability of the UPA to get its candidates elected as President and vice president was under serious doubt.

Nor does Ansari's import lie merely in him being able to successfully transit from being viewed as a nominee of the Left parties -- which had supported him for vice presidentship in 2007 and they had their way because of the clout they carried in UPA I -- to being adopted as the candidate of the Congress, and the UPA.

Thursday, May 24, 2012

White Paper on Black Money: Opposition Terms Document Disappointing, Non-Paper


Finance Minister Pranab Mukherjee presented the White Paper on Black Money in the Parliament on May 21. The 108-page Paper trashed the huge figure of illegal wealth stashed away by Indians in Swiss banks and said much of the money may have already come back into India through illicit means. It did not disclose any names of Swiss account holders or provided any fresh estimate of black money in India.

Indian Black Money Issue
The Bharatiya Janata Party (BJP) has termed the government's White Paper on black money as "disappointing" and a "non-paper." The Opposition party said that it is "like a bikini" as it hides the essentials and reveals only the less significant details.

The issue of Indian black money stashed abroad has been raked by the Bharatiya Janata Party (BJP) time and again both inside and outside Parliament. Party veteran L K Advani had taken out a month long Jan Chetna yatra across the country to highlight the issue.

The White Paper has not revealed the quantum of Indian black money kept in tax havens abroad. Neither has the government shared details of steps it has taken to repatriate this wealth.

The bank deposits of Indians in Swiss banks have decreased from Rs 23,373 crore in 2006 to Rs 9,295 crore in 2010. The government has not disclosed where this money has gone. Has it come back to India? Or has it been transferred to some other tax haven? Or has it been invested somewhere?

The Opposition has been demanding that the government make all efforts to bring back this money as has been done by countries like the United States, Germany and Ireland, among others.
The White Paper is also silent on the black money made by illegal sale of arms and armaments, evasions on stamp duty especially in land transactions, and use of such funds in politics. This document has several shortcomings. It does not explicitly explain what has been done to deal with black money in arms and armaments.

The generation of black money through stamp duty evasion especially in land transactions has not been revealed. The black money made by corrupt politicians has also not been revealed.

Tax Immunity Scheme
On the possibility of any tax immunity scheme, especially gold deposit scheme, to deal with black money, the White Paper said, "The issue of complete tax immunity needs to be examined in the light of other policy objectives." The document seeks to dispel the impression that government was not doing enough to deal with black money and talks about various policy options and strategies it has been pursuing to address the issue of corruption in public life.

Referring to the issue of institutions like Lokpal and Lokayuktas, the Paper said, "(they) need to be put in place at the earliest, in the Centre and the states respectively, to expedite investigations into cases of corruption and bring the guilty to justice."

The government has not been able to push through the Lokpal Bill in Rajya Sabha (upper house of the Parliament), despite pressure from the civil society. The Bill was approved by the Lok Sabha.

Introduction of Goods and Services Tax
The introduction of Goods and Services Tax, the White Paper added, would be a major step in integrating the efforts of different agencies dealing with black money.

Referring to the misuse of corporate structure, the Paper stated, "The Vodafone tax case provides an instance of the misuse of corporate structure for avoiding the payment of taxes."

In this case, it said, the Hutchison Group had made investments in India from 1992 to 2006 through a number of subsidiaries having 'separate corporate personality' but which were essentially post box companies based in the Cayman Islands, British Virgin Islands, and Mauritius.
The Hutchison Group sold its entire business operation in India in February 2007 to the Vodafone Group for a total consideration of $11.2 billion and the same was effected through transfer of a solitary share of a Cayman Islands company.

Global Financial Integrity (GFI) has estimated that from 1948 to 2008 a total of $ 213.2 billion has been shifted out of India through illicit outflows and the adjusted gross transfer of illicit assets by residents of India amounts to $ 462 billion as of end-December 2008.

The White Paper’s view is that this money has at least partly already returned to India. This may have been happened through Foreign Direct Investment route and stock markets.

Four-Pronged Strategy
The Paper suggested four-pronged strategy to curb generation of black money. These include more incentives for voluntary compliance of tax laws, reforms in vulnerable sectors of economy and creation credible deterrence. It mentioned that reform of financial and real estate sectors would help in reducing generation of black money in long term as freeing of gold imports had helped in checking smuggling.

On the need to curb this menace in vulnerable sectors like real estate, the provision of deducting tax at source on payments made on real estate transactions and mandating it as a pre-condition for registering of the transacted property could be considered.

Large number of transactions in bullion and jewelry are unaccounted and there is also urgent need to improve the reporting and monitoring systems in this sector. On the informal sector and cash economy, the Paper states that there is a need to amend laws to check keeping very large amounts of cash. Another important measure could be the promotion of banking channels, including use of credit and debit cards through tax incentives, since they leave adequate audit trails and hence disincentivize black money generation. Levying tax at source at a low level on cash purchases may also be considered as a possible policy option.

The White Paper states that there does not seem to be much progress on repatriation of black money abroad. It says that the government has been working on bilateral treaties. However, these treaties do not have provisions for repatriation of undisclosed assets. Without international consensus on this issue it is difficult to implement domestic law on repatriation of assets located abroad.

Assessment
Undoubtedly, we now know that based on some recent international data, India is 15th in the world in terms of outgo of unaccounted or “black” money, namely money that has evaded the tax net and has been parked overseas.

The White Paper does not say anything that is not public knowledge but shifts the focus from foreign banks to domestic culprits and sources. Since the finance minister had refused to disclose the names of those holding illegal assets abroad in the Supreme Court as well as Parliament, it was futile to expect their mention in the White Paper. The government report talks of the possibility of one-time amnesty scheme for tax evaders to encourage disclosures and recover tax.

The Paper gives an idea of the generation of black money in the system, and calls for reforms in the financial sector, including taxation and in investment instruments such as participatory notes, as well as in real estate.

Some Facts
* To curb black money, a four-pronged strategy — reducing disincentives against voluntary compliance, reforms in vulnerable sectors of the economy, creating effective credible deterrence and supportive measures — is being worked out.

* The White Paper states that encouraging the use of credit and debit cards — as they leave adequate audit trails — could also help in preventing black money generation.

* It also proposes improved reporting and monitoring systems to track bullion and jewelry transactions and wants close tabs on real estate deals

Sunday, August 28, 2011

Indian Parliament Accepts Anna Hazare's Demands

After being reviled for its self-serving ways and incorrigible politicking, the political class delivered when it mattered. Displaying an unerring big-day temperament, political parties surpassed themselves as Parliament gave Anna Hazare a massive victory.
Sensing the public mood, political egos were largely in check. MPs drove home the humbling knowledge that politicians were lagging their constituents. The leaders had become the led.
Agreed Points
After over eight hours of debate around the structure of the Lokpal Bill, the Government and the Opposition in both the Lok Sabha (lower house of the Parliament) and Rajya Sabha (upper house of the Parliament) came together to agree “in-principle” to the three major demands the activist had raised in his letter to Prime Minister Manmohan Singh on 26 August as a condition to end his protest.
In doing so, the Parliament, which sat for the longest hours this monsoon session today, paved the way for the Gandhian to end his fast. Anna responded late night after government’s emissary and minister Vilasrao Deshmukh announced the day’s developments amid cheering and roaring crowds at the Ramlila Grounds. “We have won the battle but the war remains. This is your victory. I will end the fast tomorrow in the presence of all of you,” Anna said to his supporters.
Earlier, the two Houses agreed that the anti-graft law, to be effective, must cover corruption by lower bureaucracy through appropriate mechanisms; must have an inbuilt grievance redress system which Anna calls the citizens’ charter and should provide for enabling laws to establish Lokayuktas in states on the lines of the Lokpal at the Centre.
The debate ended amidst members thumping their desks to applaud the agreement which Finance Minister Pranab Mukherjee summed up as “the sense of two Houses” which would now be conveyed to the Parliamentary Standing Committee on Law and Justice for its consideration.
Hazare Breaks 12-Day-Long Protest Fast
A day after his 12-day-long fast for a strong Lokpal culminated into a victory for both the civil society as well as Parliament, anti-corruption crusader Hazare on Sunday ended his hunger strike. Anna broke his fast by drinking coconut water with honey, given to him by two girls - five-year-old Simran and Ikra.
Addressing the crowd at Ramlila Maidan after ending his fast, the social activist described it as a victory of every Indian. He also described it as a victory of the media for waking up the people of this country.
Vowing his fight will continue, the Gandhian said the anti-corruption movement was a lesson for the world to learn as to how to wage a nonviolent battle. Anna said the movement instilled trust in us that we can remove corruption from this country.
Asking people to be alert and keep a watch on the Lokpal process, Anna said the movement would have to restart if Parliament fails to pass a strong Lokpal Bill. Anna said it is the power of the people that made Parliament take a decision on Lokpal.
Leaders’ Reactions
Some leaders did hit back at civil society, warning that calling politicians names could draw retaliatory action. Others blamed the media's 24x7 focus for nurturing the agitation. But most were quick to accept that the people's anger was real and needed to be seen as genuine disgust with corruption.
Congress and BJP leaders, who usually do not pass up a chance to have a go at each other, seriously addressed the question of accountability in public life. Finance Minister Pranab Mukherjee set the tone by saying MPs should carefully consider the implication of their views but not fail to seize the moment at hand.
In the Rajya Sabha, BJP leader Arun Jaitley said Anna's campaign had outlined relevant demands and reminded the House that democracy could not be so lethargic as to not pass the Lokpal bill 42 years after it was first proposed. CPM's Sitaram Yechury pointed to the need to match intent with practicability. In the Lok Sabha, Congress's Sandeep Dikshit spoke of the urgent need to end Anna's fast.
Some MPs were candid enough to agree that the phenomenon was not limited to Mumbai and Delhi. "We are all getting phone calls from our constituents asking why are we not talking about this," said BJP's Varun Gandhi, MP for Philibhit, in an extempore speech.
Even Janata Dal (United) leader Sharad Yadav's caustic reference to Team Anna member Kiran Bedi's antics and a side-splitting description of how relentless media pressure of the "dabba" (TV) was depriving leaders of their sleep, carried more than a degree of self-deprecation. Politicians, he suggested, had asked for it.
For a discussion that revolved around deeply contentious matters impacting India's federal structure -- usually much less can ignite state sensibilities -- there were not too many interruptions or cat calls in Parliament. Even regular disrupters like Congress's Lal Singh seemed taken in by the gravity of the occasion.
Most speakers had worked hard on their speeches. MPs did not slip into unnecessary hyperbole and stuck to the substance of what was at hand. For a class that has been under fire and subject to most dismissive treatment, they did not fling the muck back.
There was the cut and thrust of politics as Opposition leaders reminded Congress of how a string of scams had created the space for Anna's movement and given it unprecedented legitimacy. There were retaliatory barbs about how the National Democratic Allaince record was not squeaky clean either.
All quarters in Parliament seemed to realize the challenge they face is much larger than one of factional identities. It was not the time to settle internecine scores. The relevance of Parliament itself was questioned. On 27 August, the Lok Sabha and Rajya Sabha posted a thumping riposte.

Thursday, August 18, 2011

Indian Government, Anna Hazare Reach Agreement

After two nights in Tihar Jail and hard bargaining, Anna Hazare and Indian Government reached an agreement on early morning of 18 August under which Delhi Police removed all restrictions and allowed him to carry out his hunger strike for a fortnight in the spacious Ramlila Maidan, Delhi. The breakthrough in the battle of attribution between the two sides came in the wee hours of the day after top aides of Hazare met Delhi Police Commissioner Brijesh Gupta and reached an agreement.
The deal marks a major climb down from government and police's earlier insistence that the fast would be allowed at J.P. Park, a smaller venue, only for three days with maximum of 5,000 protesters in addition to a number of other conditions.
Result of Hard Negotiations
The agreement came more than 40 hours after Hazare's arrest of 16 August and release the same night. However, the Gandhian refused to come out of the jail, continued his fast and carried out hard negotiations from Tihar through his emissaries.
Activist Kiran Bedi tweeted that Hazare has accepted the Delhi Police offer of 15 days and announced that he will go to Ramlila Maidan after 1500.
However, another close aide of the 73-year-old Gandhian said this morning that it may not be possible for Hazare to launch his protest from the Ramlila Ground Thursday as the venue was full of muck and needs cleaning up.
Confirming the deal, Home Secretary R K Singh said: ‘Delhi Police and Anna Hazare Team have agreed on the venue, duration, conditions etc.’
‘Delhi Police and the Anna Hazare team worked out between themselves this agreement. The Delhi Police has no problem in giving 15 days time and the 15 days also suits the Anna Team,’ he said.
Kejriwal said Hazare does not want to go before proper arrangements are made at the fast venue because once the crowd gather, it would be difficult to put in place proper facilities.
He stated that arrangements like erection of tents and provision of drinking water facilities were being made. He said that Hazare's health was perfectly all right and doctors from Medanta Medicity headed by Naresh Trehan have already checked him and certified him fit.
Last night, Hazare refused a check up by doctors from GB Pant Hospital apprehending that they may remove him from the jail on health grounds.
Asserting that the government has bowed down to people's pressure, Kejriwal said: ‘We have just entered the battle, a long fight remains.’
He appealed to the government to give a chance to the Jan Lokpal [Ombudsman bill] draft prepared by the civil society for Parliament to discuss.
‘People have a right to say what draft will go to Parliament. They are supreme in democracy,’ he said rejecting government's contention that civil society cannot make law. Kejriwal also attacked the government for the arrest of Hazare and seven of his associates, including himself, on the morning of Tuesday and the decision to release all of them within hours.
He also disputed government's contention that the police did not seek remand of Hazare and others and that it was the decision of the executive magistrate's decision to remand them to seven days judicial custody.
‘First they arrested us on the ground that we will disturb peace. Police asked us to give a written undertaking that we will not go to JP Park. But we told them we will go there soon after our release. Then they asked for seven days custody,’ he said.
Kejriwal said there was a need for a debate over police power to detain and release people at will. ‘They say we are bad but how in two hours, we have become alright?...Are we toys? What kind of law and order and democracy is this?’
Hazare credited the people of India for this ‘victory’ and thanked them and thousands of people who took to the streets in a non-violent way throughout the country, he said quoting the Gandhian.
He said violence occurs only in rallies of political parties not in the campaign of Hazare. ‘This only shows the government will have to bow before the demands of the people,’ he said.
Former Law Minister and Hazare associate Shanti Bhushan said the decision to allow Hazare to fast for 15 days showed that his demands were reasonable and that the government should bring in a new Lokpal Bill after consulting the Gandhian.
Provisions of Lokpal Bill
He claimed the provisions of the Lokpal Bill put forward by the Hazare team were ‘totally’ Constitutional. ‘I can certify that they are Constitutional and I think it would be wise for the government to withdraw the (present) bill from Parliament and move a fresh bill after talking to Anna.’
Meanwhile, Hazare's supporters gathered outside Tihar Jail to greet the news of government agreeing to the demands of the Gandhian.
As supporters started pouring in chanting anticorruption slogans, about 250 Delhi police personnel were deployed to provide security around Tihar, while another 200 men in uniform were kept on standby.
Bomb disposal teams and dog squads conducted a surprise check outside Tihar Jail, soon after the Anna Hazare team announced that the Gandhian would move out of the prison to launch his anti-corruption protest at Ramlila Maidan.
The teams descended outside the jail, where Hazare supporters were camping to express solidarity with the social activist, at around 0330 and conducted a thorough check and sanitized the area.

Sunday, April 10, 2011

Anna Hazare's Movement Against Corruption

This second phase of the United Progressive Alliance (UPA) government is getting tough. Old issues started opening up soon after the beginning of the second phase. The BJP obstructed the winter session of Parliament. Budget session could continue because MP's had to draw their salaries. The cacophony of corruption to some extent got subdued by Manmohan Singh's cricket diplomacy. But since 5 April, social activist Anna Hazare set on fast-unto-death at the Jantar Mantar, New Delhi, crusading against corruption. Veteran activist Anna Hazare ended his 97-hour hunger strike on 9 April morning after the gazette notification constituting a joint committee for drafting the Lokpal Bill, printed at 0200, was handed over to him. Belonging to a small village of Maharashtra, Hazare has warned the union government to amend the draft bill relating to corruption.

Provision in Lokpal Bil


The draft bill says that the Lokpal (bill to prevent corruption) cannot function independently and cannot initiate probe at his own. He can dispose of cases referred to him by the Lok Sabha (Lower house of Parliament) and the Rajya Sabha (Upper house of Parliament) leaders pertaining to corruption and cannot impact on others.

It is also an irony that the recommendation of the Lokpal may not necessarily be accepted. Lokpal does not have powers to lodge First Information Report (FIR) for initiating investigation against the accused. Simply, the Lokpal can initiate investigation against MP's, ministers and even the prime minister but not against government officials. Whereas, the fact is that corruption moves on with active connivance of officials and politicians.

Another defect of the draft bill is that the prime minister's actions pertaining to defense, internal security, and foreign policies will be outside the ambit of Lokpal. History is evident that most scams take place in defense deals. It is amazing that the blackout has been done at a place where transparency is most required.

According to the Lokpal Bill, its members will come from retired judges and persons approved by selection panels. It gives room for suspicion that the government will fill up the office of Lokpal with people of its choice. On contrary, Hazare demands representation of people from the civil society to detect and address each aspect of corruption. The government denies any such instance where people outside Parliament have been involved in legislative work.

Demand of Situation


Since the country's independence, many big scams have taken place, but insignificant people were caught and the big fish went scot-free. For this, the government has lost the confidence of people in it. That is why in a split of seconds, Hazare's movement is being supported by the common men, intellectuals, industrialists, and other prominent personalities, even film stars.


In the past, no such movement was seen where people rose above the level of sections and groups.Corruption has become a trend in a country and common citizens are a tool for ransom in the hands of politicians. The country got a Messiah in the form of Hazare. The government should wake up and respond to the call of revolution.