nd ARC 4th Report - Ethics in Governance

uid: a4d75ea3ec6c0bd27c2a3ad6e9a84442

2nd ARC 4th Report - Ethics in Governance

2020-10-30 13:10:57

Partial state funding to reduce scope of illegitimate and unnecessary funding of expenditure
Disqualification of mem on grounds of defection should be decided by President/ Governor on the ECI
Section 8 of the RPA needs to amended to disqualify all persons facing charges related to grave and heinous crimes
Constitution should be amended if parties realign midstream elections then members of the party should have to seek a fresh mandate
For the Appointment of CEC collegium headed by Speaker of LS, Leader of Opposition in Lok Sabha, Law Minister, Deputy Chairman of the RS
Special Election Tribunals - to ensure speedy disposal of election petition within 6 months
Each Tribunal should comprise HC Judge, senior civil servant with at least 5 years of experience
All election petitions are decided within 6 months, tribunal should be set up for a term of 1 year only
legislation - spelling out condition for disqualification of mem of parliament - it should be clear and exhaustive
Code of Ethics for ministers
- Dedicated unit in PMO monitoring of Code of Ethics
Serving official should not be appointed in Boards of Public Undertaking
Legal Framework Fighting Corruption following should be classified as offence
- Gross perversion of Constitution and Democratic institution
- Abuse of authority to harm someone
- Obstruction of Justice, Squandering Public money,
- Section 7 of PCA should be amended include collusive bribery w/ double the punishment
Public servants who cause loss to state or citizens should be made liable to pay for the damages
Speeding up of Trials
- Legal provision needs to be introduced fixing time limit for various stages trials
- Judges should be declared as special judges, give primary attention to disposal of cases
- If there is inadequate work, special judges then be given other responsibility
- Proceedings of courts trying cases under PCA held on day to day basis
- Supreme Court and HC may lay down guidelines to preclude unwarranted adjournments and avoid delays
PCA should include private sector, NGO getting substantial funding should be covered
Confiscation of properties illegally acquired by corrupt means
Serious Economic Offences
- New law on SEO should be enacted
- Serious Fraud Monitoring Committee should be constituted
- In case of involvement of any public functionaries SFO shall send report to Lokayukta
- In all cases serious frauds and burden of proof regarding non-existence shall lie on accused
Immunity Enjoyed by Legislatures should not cover corrupt acts
Local bodies ombudsman should be constituted for a group of districts to investigate cases, Ombudsman should be constituted for group of districts to investigate cases, local bodies should be empowered to investigate cases of corruption
Civil society engagements to fight corruption -
- Invite civil societies, enforce access to info
- Hold integrity workshops, survey and asses public service delivery periodically
- Incorporate corruption as subject in education curriculum
Rating of Public Offices
- Involve citizens, database of all visitors maintained
Initiatives for facilitating citizen participation
- Rewards sys for reporting cases of corruption
- School awareness programs, Citizens may be involved in assessment of ethics
- Reward Schemes should be introduced
Legislation on False claims, any citizen should be able to bring a suit, in false claim status then 5x times penalty
Screening all allegation of complaints, e-media should evolve a code of Conduct, to safeguard against mala-fide action
To fight corruption necessary to form broad based consensus
Build consensus by political parties to fight against corruption
Each ministry department, similar exercise done at level of state govt,
centrally sponsored schemes can be restructured to provide incentives to states
System of rewards and incentives, punishment for delay
Draw plans to using IT, identify Gov processes and take their computerisation
Integrity pacts, Mo Finance may constitute a Task Force
Reducing Corruption
- Interface to review their activities
- Attempt be made to eliminate discretion
- Decision making be assigned to committee
- State Govt should take steps on similar lines
Supervision
- supervisory roles of officers needs to be re-emphasised
- Each supervisory officer should carefully analyse, all major instances of loss should be
- Annual Performance Report of each officer
- Supervisory officers should ensure officers under them pursue suo-moto disclosure of info
Ensuring Accessibility and Responsiveness
- Service providers should converge their activities, task be divided to different persons
- Public interaction be limited to designated officers
Reform Civil Services -
- Transform adm system for clear assignment of duty, in built system of rewards and punishment
Risk Mgt for Preventive Vigilance
- Risk profiling be done in systematic and institutionalised manner
- Risk profiling be done by com of eminent person
Proactive Vigilance on Corruption - national database of all corruption details by a specific authority
Relationship b/w Political Executive and Permanent Civil Service -
- Discourage frequent transfers, min tenure of posting be predetermined
- Reasons for premature transfers be spelt out in orders itself
- Transfers must not be mis-utilised
- Check influence of minister influence in day to day life
- Necessary to spell out relationship b/w Political executive and bureaucracy