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Need to revisit corruption law: Moily
Press Trust of India, Sunday September 13, 2009, New Delhi

Lamenting that certain provisions in the Constitution have made it difficult to deal with corrupt civil servants, Law Minister Veerappa Moily has said there was a need to "revisit" the article granting protection to government employees and that he was pursuing the matter with the Prime Minister.

"There is no gainsaying that the provisions of Article 311 have come in the way of bringing the corrupt civil servants to book. Article 311 would require a revisit and this needs to be done. I am pursuing the matter with the Prime Minister and the government," Moily said.

He also referred to the Sanathanam Committee on prevention of corruption which had remarked that Article 311 of the Constitution as interpreted by the courts has made it difficult to deal effectively with corrupt civil servants.

The Article grants certain rights and protection to government employees, which enforcement agencies feel, are often used to delay prosecution by corrupt officials.

The Law Minister's remarks assume significance against the backdrop of Chief Justice of India K G Balakrishnan pointing at the procedural delays like granting sanction in initiating action against corrupt officials.

"Even after Article 311 was amended, the panoply of safeguards and procedures still available is interpreted in such a manner as to make the proceedings protracted, and therefore, effete in the ultimate analysis," Moily said.

Moily, who was addressing a seminar on fighting crimes related to corruption, suggested repealing Article 311 and 310 and said a new legislation be passed under Article 309 to provide for terms and conditions of service of public servants, including protection against arbitrary action.

"We need to redefine and revisit the criteria to obtain sanction," Moily later told reporters.

He said the Law Ministry has initiated steps on many of these issues. "This is the way. There should be a multi-pronged attack on corruption...every loophole has to be plugged. Sometime there is a loophole in the law and sometime in the precedents declared by the courts," Moily added.

He said various wings of the government find alibi for their lapses by passing the buck to other democratic institutions.

"If one of the democratic institution leaves space, the mafia or extra-constitutional authority occupies that space. Realisation of its own authority and discharging its sphere of responsibility, developing accountability and responsiveness are the real solutions to the conflicting situations of eroding democratic polity," he said.
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Tags: article, Constitution, corruption, India, law
Comments
Posted by raf on Sep 13, 2009
Lets get rid of Corruption once and for ALL !! Believe me, I am an Indian living in the West . India i the largest democracy, has some of the most intelligent scientists and mathematicians that the world looks up to. However, sadly, these great qualities and talents are dragged in the mud, by corruption, which is destroying the Indian society, Infrastructure and the life of the average Indian citizen. So get rid of this corruption, and ALL of India will prosper in a fair and humane society. Even greeedy persons wanting luxury will get the same without corrruption and India will be the country the world will look up to. All western countries have 0 tolerance for corruption, which makes the quality of life wonderful for the average situation. So come on India, don't be greedy and have higher morales and ideals.... and self-respect
Posted by Dr. Vasan on Sep 13, 2009
it is good that the issue is addressed and it will be very good if made applicable to one and all - including the one in power and politics
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