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Administrative Reforms Commission Reports Report 4: Ethics In Governance Roman Saini
Course Structure Lokayukt:a 6. Lokpal 7. Citizen Initiative to Control the 8. Ethical Role of Media and 1. 4th Report- Preface 2. Outline of Fourth Report 3. Recommendations of 4th Ombudsman Corruption report 1. Reforms into Institutional 9. Use of Information Technology and Ethical Framework to combat the Corruption 2. Reforms in Civil Services 3. Ethical Framework for the 10. Promoting Competition 11. Proactive vigilance on Judiciary corruption 4. Modification and Enactment of Important Acts/Laws Introducing New Laws 4. Conclusion 5.
3.Ethical Framework for the Judiciary A National Judicial Council should be constituted, in line with universally accepted principles where the appointment of members of the judiciary should be by a collegiums having representation of the executive, legislature and judiciary. The Council should have the following composition: .The Vice-President as Chairperson of the Council . The Prime Minister . The Speaker of the Lok Sabha . The Chief Justice of India The Law Minister .The Leader of the Opposition in the Lok Sabha . The Leader of the Opposition in the Rajya Sabha In matters relating to the appointment and oversight of High Court Judges, the Council will also include the following members: . The Chief Minister of the concerned State The Chief Justice of the concerned High Court
The National Judicial Council should be authorized to lay down the code of conduct for judges, including the subordinate judiciary. The National Judicial Council should be entrusted with the task of recommending appointments of Supreme Court and High Court Judges It should also be entrusted the task of oversight of the judges, and should be empowered to enquire into alleged misconduct and impose minor penalties. It can also recommend removal of a judge if so warranted. A Judge of the Supreme Court should be designated as the Judicial Values Commissioner. He/she should be assigned the task of enforcing the code of conduct. Similar arrangement should also be made in the High Court Article 124 of the Constitution may be amended to provide for the National Judicial Council. A similar change will have to be made to Article 217
4.Modification and Enactment of Important Acts/Laws- Legal Framework Prevention of Corruption Act ; Defining Corruption The following should be classified as offences under the Prevention of Corruption Act: 1.Gross perversion of the Constitution and democratic institutions amounting to willful violation of oath of office. 2.Abuse of authority unduly favoring or harming someone. 3.Obstruction of justice. 4.Squandering public money. Section 7 of the Prevention of Corruption Act needs to be amended to provide for a special offence of 'collusive bribery'. An Offence could be classified as collusive bribery if the outcome or intended outcome of the transaction leads to a loss to the state, public or public interest
The punishment for all such cases of collusive bribery should be double that of other cases of bribery The Prevention of Corruption Act should be amended to ensure that sanctioning authorities are not summoned and instead the documents can be obtained and produced before the courts by the appropriate authority The requirement of prior sanction for prosecution now applicable to serving public servants should also apply to retired public servants for acts performed while in service. Liability of Corrupt Public Servants to Pay Damages ; In addition to the penalty in criminal cases the law should provide that public servants who cause loss to the state or citizens by their corrupt acts should be made liable to make good the loss caused and, in addition, be liable for damages. This could be done by inserting a chapter in the Prevention of Corruption Act.
needs tP done by amendments to the CrPC Speeding up Trials under the Prevention of Corruption Act ; A legal provision needs to be introduced fixing a time limit for various stages of trial. This could be It has to be ensured that the proceedings of courts trying cases under the Prevention of Corruption Act are held on a day-to-day basis, and no deviation is permitted The Supreme Court and the High Courts may lay down guidelines to preclude unwarranted adjournments and avoidable delays. Corruption Involving the Private Sector The Prevention of Corruption Act should be suitably amended to include in its purview private sector providers of public utility services.
Confiscation of Properties Illegally Acquired by Corrupt Means ; The Corrupt Public Servants (Forfeiture of Property) Bill as suggested by the Law Commission should be enacted without further delay. Prohibition of 'Benami' Transactions Steps should be taken for immediate implementation of the Benami Transactions (Prohibition) Act 1988. Prior Concurrence for Registration of Cases: Section 6A of the Delhi Special Police Establishment Act, 1946 Permission to take up investigations under the present statutory arrangement should be given by the Central Vigilance Commissioner in consultation with the concerned Secretary. In case of investigation against a Secretary to Government, the permission should be given by a Committee comprising the Cabinet Secretary and the Central Vigilance Commissioner. This would require an amendment to the Delhi Special Police Establishment Act.
Protection to Whistleblower Legislation should be enacted immediately to provide protection to whistleblowers on the lines proposed by the Law Commission. Whistleblowers exposing false claims, fraud or corruption should be protected by ensuring confidentiality and anonymity, protection from victimization in career, and other administrative measures to prevent bodily harm and harassment The legislation should cover corporate whistle-blowers unearthing fraud or serious damage to public interest by willful acts of omission or commission. .Acts of harassment or victimization of or retaliation against, a whistleblower should be criminal offences with substantial penalty and sentence.