M A I N   N E W S

CRC for oath of transparency
Tribune News Service

The commission was of the view that from the joint secretary-level and above all posts should be open for recruitment from a wide variety of sources, including the open market.

“Social audit of official working should be done for developing accountability and answerability.” Constitutional safeguards have acted to shield the guilty against swift and certain punishment for the abuse of public office for private gain. It has become necessary to revisit the issue of constitutional safeguards under Article 311 so that honest and efficient officials are given the requisite protection but the dishonest are not allowed to prosper in office.

“The civil service regulations need to be changed radically in the light of contemporary administrative theory to introduce modern evaluation methodology.”

Simultaneously, the administrative structure and systems have to be consciously redesigned to give appropriate recognition to the professional and technical services so that they may play their due role in modernising the economy and society. The specialist should not be required to play second fiddle to the generalist at the top.

While advocating enacting laws similar to the Whistle-blower Acts in several western countries to fight corruption, the commission said the Act must ensure that the informants are protected against retribution and any form of discrimination for reporting what they perceived to be wrong doing.

The government should examine coming forward with a comprehensive legislation to provide public servants causing loss to the state by their mala fide actions or omissions would be made liable to make good the loss caused and in addition be liable for damages.

Rules should also be framed without further loss of time under Section 8 of the Benami Transactions (Prohibition) Act, 1988, for acquiring benami property. Further, a law should be enacted to provide for the forfeiture of benami property of corrupt public servants as well as non-public servants. “There is no need to set up an additional independent authority to determine this issue of confiscation,” the report added.

Panel for sweeping electoral reforms
Tribune News Service

New Delhi, April 3
The Constitution Review Commission has recommended sweeping electoral reforms and suggested that the current practice of swearing in the Prime Minister or a Chief Minister first and then testing the strength should be done away with.

Instead the Leader of the House should be elected on the floor of the House and then should be sworn in as the Prime Minister or the Chief Minister, the Commission, which submitted its final report on Sunday, has suggested.

“In a situation where no single political party or pre-poll alliance of parties succeeds in securing a clear majority in the Lok Sabha after elections, the Rules of Procedures and Conduct of Business in the Lok Sabha may provide for the election of the Leader of the House by the Lok Sabha along with the election of the Speaker and in the like manner. The Leader may then be appointed as the Prime Minister. The same procedure may be followed for the office of the Chief Minister in the state concerned”, the commission said in one of its recommendations.

To prevent any move to bring down governments without any viable alternative, an amendment has been suggested in the Rules of Procedure of the Legislature for adoption of a system of constructive vote of non-confidence.

“For a motion of non-confidence to be brought out against a government at least 20 per cent of the total number of members of the House should given notice. Also, the motion should be accompanied by a proposal of alternative Leader to be voted simultaneously”, the commission recommended.

To keep criminals away from participating in the electoral process, it has been suggested that a comprehensive law regulating the registration and functioning of political parties or alliances of parties in India (may be named as Political Parties (Registration and Regulation) Act) should be made.

The law should provide that “no political party should sponsor or provide ticket to a candidate for contesting elections if he was convicted by any court for any criminal offence or if the courts have framed criminal charges against him”.

The commission also has suggested the if any party violates the provision relating to convicted persons, the candidate involved should be liable to be disqualified and the party deregistered and derecognised forthwith.

The commission has also recommended that comprehensive legislation providing for regulation of contributions to the political parties and towards election expenses should be enacted. The law should contain provisions for making both donors and donees of political funds accountable. “The government should encourage the corporate bodies and agencies to establish an electoral trust which should be able to finance political parties on an equitable basis at the time of elections”.

The law should also provide that audited political party accounts of a public limited company should be published yearly with full disclosures under predetermined account heads. Further, it has been recommended that the law should make all legal and transparent donations up to a specified limit tax exempt and treat this tax loss to the state as its contribution to state funding of elections.

Statute panel for Articles on childcare, environment
Tribune News Service

New Delhi, April 3
The Constitution Review Commission has made a series of recommendations to usher in changes in various spheres, including education, employment sector, provision of basic amenities and demographic initiatives.

In its report submitted to the government on Sunday, the Commission, headed by Justice M.N. Venkatachaliah, has suggested amendment of the provision in the Constitution (93rd Amendment) Bill, 2001, making the right to education of children from six years till the completion of 14 years as a fundamental right.

The Commission has instead recommended that every child be given the right to free education until he completes the age of 14 years; and girls and those belonging to the Scheduled Castes and Scheduled Tribes until they complete the age of 18 years.

The Commission has also suggested addition of Article 24-A, which guarantees every child the right to care and assistance in basic needs and protection from all forms of neglect, harm and exploitation. It has also suggested addition of Article 30-D, which guarantees the right to safe drinking water, prevention of pollution, conservation of ecology and sustainable development.

While suggesting omission of Explanation II to Article 25, the Commission has said that sub-clause (b) of clause (2) of the article be re-worded to “provide for social welfare and reform or the throwing open of Hindu, Sikh, Jain or Buddhist religious institutions of a public character to all classes and sections of these religions.”

It has recommended that the heading of Part IV of the Constitution be amended to read as Directive Principles of State Policy and Action.

Considering the acute problem of unemployment in the country, the Commission has recommended that a strategic plan of action be initiated to create a large number of employment opportunities in five years to realise and exploit the enormous potential in creating such opportunities. The Commission has recommended that an independent National Education Commission be set up every five years to report to Parliament on the progress of the constitutional directive regarding compulsory education and on other aspects relevant to the knowledge society of the new century. “The model of the Finance Commission may be usefully looked into.”

It has also suggested addition of Article 47-A, placing onus on the state to secure control of population by education and implementation of small family norms. The Commission has also suggested a body of high status to review the state of level of implementation of the directive principles and economic, social and cultural rights in particular, the right to work, the right to health, the right to food, clothing and shelter, the right to education upto and beyond 14 years and the right to culture.