Tuesday, November 23, 2010

Re: [prpoint] Debate: Persons of impeccable integrity for Constitutional posts

 

Office of Attorney General (AG) -Should it have constitutional status?


In my opinion, AG is 100% servant of the Govt of the day and a total Govt appointee. His tenure is coterminous with the life of the Govt that appoints him/her. Only constitutional duty he ever required to perform is when Parliament invites him to tender his opinion whether a particular legislation is in line with  the Constitution. But that occasion is very rare. Otherwise he/she is a total Govt lawyer.

During the 60 years, not more thasn 5 times AG has been  called by Parliament to tender such advice.rarely have they disagreed with the Govt view, becasue the Govt's would have already taken AG's opinion on constitutional matters.

Very fact in the present 2G case, AG appears for the PM shows that he is a Govt advocate and he/she could ahve performed this role without a cosntitutional status.

It is time that this position is recongised and AG's position is taken out of the Constitution. At the state level. Advocates General are politicos, who do not need any constitutional recognition.

S.Narendra
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On 23 November 2010 02:28, P B Raghavendra Rao <pbraghavendrarao@yahoo.com> wrote:
 

The Supreme Court's remarks on the person holding the position of CVC has been yet another slap on the eraatic functioning of the Govt. in selecting personalities for such highest posts in the country. All the more the ridiculous and irrelevant observations of the AG reflects the arrogance of the Central Govt. attitude as well AG's himself questioning even the integrity of the SC judges. Itresembles like a street fight of "amee tumee" style!
 
Sri Srinivasan lamented that all good people do not share their views at such juncture and he felt that a corrupt system is going to be handed over to our kids by the so called our generation !
 
Sri Narendra's observations are very balanced, apt to the situation and he presented the realities of the issues.What the Indian Janata could do except helplessly watching the coronations of the President, Chief Election Commissioner and for that sake some tainted persons taking over as Governors of the state despite controversies, criticisms and balck holes were being exposed about them, except simply saying that the "left it to Madam'  and 'Madam has approved" their  appointments !! So CVC also must have had the 'approval of the Madam' !
 
(In AP a step ahead where some 'devoted democratic leaders' count on the blessings of 'Madam's son'also for some semi official top posts !)
 
When journalists, Press spoke persons, Media giants, PR fraternity, Industrialists, all appear to act hand-in-glove what the effect of the 'good people' shouting at the top of their voice through these email groups can achieve miracles in this country.

Sri Narendra's concluding sentences of the mail is remarkable particularly his suggestion of appointing three person committee drawing from Govt. Opposition and from CJI for appointment of of high level constitutional posts, however,/ provided again there is no interference other than them in selections.
 
Let us hope and pray that some wisdom would be dawn on all of us the country people to have and see a sane system in the coming days in all walks of the life.
.
P.B.Raghavendra Rao


--- On Mon, 22/11/10, Prime Point Srinivasan <prpoint@gmail.com> wrote:

From: Prime Point Srinivasan <prpoint@gmail.com>

Subject: [prpoint] Debate: Persons of impeccable integrity for Constitutional posts
To: "Prpoint Group" <prpoint@yahoogroups.com>, gfpr@googlegroups.com, "New Media New Media Forum" <new_media_forum@yahoogroups.com>
Date: Monday, 22 November, 2010, 5:32 PM

 
Dear friends

Today, an interesting news item is being flashed in all the channels.

While questioning the appointment of Mr P J  Thomas as Central Vigilance Commissioner, Supreme Court has observed that men of impeccable integrity are to be appointed for the high posts.  Mr P J Thomas is facing a charge-sheet in the court in Kerala.  He was the Secretary of Telecom reporting to Minister Raja, during the Scam period. 

According to Supreme Court direction, all CVCs are to be appointed jointly through consensus by the Prime Minister, Home Minister and the Leader of the Opposition.   When the name of Mr P J Thomas was recommended by the Government, the leader of the opposition rejected the name on the ground that he was facing some problems. Out of three names suggested, the opposition leader approved the other two names.  Strangely, Prime Minister and Home Minister over ruled her objection and appointed Mr Thomas, as the Central Vigilance Commissioner of India (CVC).

Central Vigilance Commissioner (CVC) is the highest authority in India to oversee the corruption cases and to order prosecution.  If CVC is not having impeccable integrity, how is he going to take action against the corruption?

That is why,  the Supreme Court  made the above observation that only persons of  impeccable integrity. are to be appointed for high posts.  For this, Attorney General sharply  responded on behalf of the   Government that if impeccable integrity was an eligibility criteria all judicial and constitutional appointments would be open to scrutiny.  

I am shocked over the 'arrogant' response of the Government before the Supreme Court.

When the country is facing lot of scams and other unethical scandals, we have to hang our heads in shame.  Does the Government feel that 'impeccable integrity' is not needed for high posts?  Or do they feel that the country is not having persons of impeccable integrity?

Even earlier, When Pratibha Patil was nominated for the Presidential post, there were lot of criticisms.  Again when Navin Chawla was posted as Chief Election Commissioner of India, there were lot of allegations against him for his involvement in various scams.  Still the Government of India, went ahead with their decision, because of the powers in their hand.

Radia tapes have revealed the unholy nexus of politicians, bureaucrats, senior journalists, top corporate giants and even PR professionals in the mega scam. 

Under this crucial circumstances, when the country is facing unholy nexus of selfish persons, if the Government attempts to dilute the high level institutions  with the persons of questionable integrity and justifies in the Supreme Court, how are we going to justify to our young generation.   Are we going to handover the corrupt systems to our kids?

I personally feel that all good people do not even share their views.  Even  in our earlier debates on Nira Radia's role and communication profession, only handful of people shared their concern.  Silence of good people, tantamount to approval of all bad process.

I invite members to react.

Srinivasan
Prime Pint
91766 50273


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