Is Anna Hazare Messing Up With Legal System?

Aug. 8, 2011 - PRLog -- India is a matured democracy, which is governed by a strong constitution and established set of diverse laws. Since independence the country has passed through multiple eventualities and each of such instances tested our legal system. Indian Parliament and Judiciary consistently maintained checks and balances to maintain law and order. With every new experience the legal system has been continuously updated by the government agencies.

In fact, India is recognized as one of those countries, which have extensive laws for every possible subject.  We have established multiple regulatory bodies for the compliance of the laws. We have innumerable investigative agencies. We have multi layer judicial system for punishments and prosecutions. The constitution of India does not provide immunity to any one from punishment and prosecutions even for smallest offence. Our present legal system can punish any President, Prime Minister, Members of Parliament, Ministers and all other government functionaries. Each of these highly respected position is accountable for their every error and omission under the present system itself.

Then what is Anna Hazare talking about ? What is innovative in Anna Hazare’s Lokpal ? What is new in Government sponsored Lokpal Bill ?  Is it just a political circus to fool the common person? Whether Mr. Hazare  is on a different mission ? The whole issue is highly chaotic and it is extremely difficult to understand individual motives of all concerned.

What India needs is not a new Lokpal Authority . India needs implementation of its laws and enhanced Judiciary support for the effective enforcement of existing legal system. India needs punishments and prosecutions laws to be implemented faster and effectively. Wherever, deficiencies are noted corrective actions can be taken by modifying the existing laws.

Suppose, we have a new Lokpal authority. Now think,  how it will be function. To whom it will be accountable.  How will you discover the persons, who will work in these bodies? How can you be assure that, their conduct would be best of all? What will be the position of existing Indian Courts? Whether Lokpal will supersede the Supreme Court or vice versa. Whether courts and Lokpal will have parallel powers? Whether Indian Defence Forces will also be subject to Lokpal?

The more you think, the more confused you are. I humbly request the government to understand the practical side of the issue. The government should not be bullied by few individuals. The government should immediately drop this Lokpal business. Instead, it should appoint a committee of Professionals under the authority of President of India to suggest government about effective implementation of existing laws.  The committee can also look into various errors and omission and report time to time to the president of India.

I also suggest and request to Anna Hazare to review the objectives of his mission. He should understand the ground realities. Kiran Bedi, Arun Kejriwal, Swami Agnivesh, Shanti Bhusan etc should also visualize the issues faced by the country and recourse for the country in the interest of common person. Mr. Hazare your Lokpal idea is not in the interest of country.

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The Author, A. K. Jain is practicing Chartered Accountant at New Delhi since 1984 under the banner, “Tapuriah Jain & Associates” ( TJA ). He can be contacted at E-Mail: copindia@hotmail.com or Telephone Number – 98-100-46108.