Persons of Impeccable Integrity for const Posts
:Political Packing of constitutional posts is common in all democracies.Even apex courts are not spared.
One of the features of our political democracy is that we plagiarized the best constitutions of the world for framing our lengthy constitution. Over the years we managed to undermine institutions enshrined in the constitution. The first CVC was Jus Nittoor Srinivasa Rao. But his was never followed up and retired bureaucrats became CVCs. When Mr Vittal was appointed by BJP, this was after SC direction to free the CVC from Govt clutches and the cabinet was not unanimous in its decision. It was Mr Ram Jethmalani as minister who forcefully argued for making the CVC appointment more transparent.
President Shankara Dayal Sharma wanted a Judge to be appointed but the existing procedures allow Govt to appoint any one it wants and a very honest bureaucrat was appointed but he faced lot of problems in discharging his duties. Mt Vittal succeeded him.
CAG is again appointed in a not very transparent procedure. Institution Ag has been politicized and independent persons like M.C.Setalvad have not been appointed. One of the AG who writes a cloumn in newspapers once told a gathering that AG's ofifcie tender the opinion wanted by the Govt. Pl read M.C.Setalvad's autobiography to understand how this office was demoted. AG NIren De argued during the emergency that citizens right to life and liberty could be curtailed by state under emergency.
CBI-is a total state instrument has not autonomous status,functions under the Delhi Spl Power Act and it is not even a properly constituted statutory body accountable to Parliament.
Institutions under central oversight are some what better placed. Institutions under states have been converted into total political instruments.
Therefore the debate subject places the cart before horse.we need transparent procedures for the appointment of people to hold constitutional officies
Govt's of the day look upon such offices for distribution of favours and pliable candidates are put in a panel. In fact having the Speaker of Lok Sabha or Vice president in the selection panel for some posts dont add any credibility to the appointment because the incumbents are in such posts because of their politcal affiliations and donto rise above them after their appointment.
I suggest appointment of a high level 3 member committee whose member rs are selected by the Govt,Opposition leader and CJI that examines the present recruitment procedures for constitutional posts and sensitive posts such as CVC,,CBI Director etc.
Rescuing constitutional posts and other high level posts in public glare should be a priority.Merely prescribing paper qualifications including 'integrity' and saying that only persons of integrity should be appointed will be only a pious wish.Firstly integrity cannot be reduced to items and persons tested against them. A person mat have very high integrity but may be weak and unassertive,a quality most civil servants have.They cannot uphold the status of constitutional ofifcies.
S,Narendra
.
.
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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