Google Analytics

Wednesday 12 February 2014

Protection or Creation of a Privileged Class

Few days ago, The Supreme Court asked the Centre to apprise of governance benefits from shielding the top bureaucrats. The constitution bench of Justices R M Lodha, A K Patnaik, S J Mukhopadhaya, Dipak Misra and F M I Kalifulla expressed their desire to know whether the protection had improved policy making and governance or not.

17 years ago, the court had in Vineet Narain judgment turned down the Centre Government request to protect the top government officials such as joint secretary and above rank officials from the charges against corruption as it hamper the smooth functioning of the government.
The apex court termed it as illegal, a roadblock in eradicating the corruption, how can government barred the CBI from investigating the matters? And it awe considering that CBI cannot even start an inquiry without the consent of the Centre.


Apex court also condemns the September 11, 2003 decision of the NDA government, which took the legislative route to add Section 6A in Delhi Special Police Establishment (DSPE) Act to give similar protection.


The bench of five judges imparted that this kind of safeguard can further encourage the corruption. They said, “Do you want governance where everyone is free to take money? How can protection be given to those who have disproportionate assets? How can you establish a link between disproportionate assets and bold policy making?”


“All bureaucrats and government servants have a protection under the PC Act, which requires a probe agency to seek sanction from concerned authority prior to prosecution. Why this special protection for a small band?” a five-judge Constitution Bench headed by Justice R M Lodha said.
What I want to make a point here that, India is a democratic country and everyone is equal before the law, Rule of Law is an indispensable element of our constitution. Such types of provisions violate the equality and demarcate between the privileged and underprivileged. I appreciate that Supreme Court expressed stiff concern over it and no one can tolerate the violation of Anticorruption Law.
 



4 comments:

  1. "it awe considering that CBI cannot even start an inquiry without the consent of the Centre."

    These kind of laws made and support by the corrupt people. Everyone should come under the law

    ReplyDelete
  2. It is ironical that political parties and bureaucrats always try to influence the decisions of the court. Constitution of India is supreme in adjudicating power and we have to respect it.

    ReplyDelete
  3. Why special act for a special person? Everyone have same rights.

    ReplyDelete
  4. $$$ Loan apply now with 3% interest rate for more details $$$
    Are you looking for a Loan to enlarge your business? Do you need loan to pay off your debt and start a new life? You have come to the right place were we offer Loans at a very low interest rate of 3%. Interested people/company should please contact us via email for more details and get funded.
    Email: shadiraaliuloancompany1@gmail.com

    Application For loan.
    First Name:
    Last Name:
    Date Of Birth:
    Address:
    Sex:
    Phone No:
    City:
    Zip Code:
    State:
    Country:
    Nationality:
    Occupation:
    Monthly Income:
    Amount Needed:
    Duration:
    Purpose of the loan:
    E-mail address:

    Email: shadiraaliuloancompany1@gmail.com

    ReplyDelete