Ombudsman - Lokpal bill draft Nascently Naive Print article Print article Refer this article Refer to a friend

2011-06-21 06:21:17 - Nksagar-Sagar Media Inc:New Delhi: 21 June 2011: In appointment of Lokpal panel if the same is done by the government structure t hen automatically it remains a part of government edifice.Professional and peopl e with finer quality of social fabric of the nation, career free of any sort of encumbrances to be true to national welfare to be appointed a Lok Pal member ins tead of Judge the advocate of impeccable record is best choice and the people ap pointed to this sovereign structure which has ingredients to keep a bird view on the constitutional authorities ought to be an independent body without governme nt system touch.This will help in making the constitution of India work in more diligent way.Team Anna wish citizens empowered to refer complaints for removal o f Lokpal to the Supreme Court, but the Government says only it should have the p ower to refer complaints against Lokpal to the apex court on the contrary no pan el members to be for period of more than two years and thirty percent must retir e every years. Prevention Corruption can be prosecuted after the fact, but first and foremost, it requires prevention. An entire chapter of the Convention is dedicated to prevention, wit h measures directed at both the public and private sectors. These include model preventive policies, such as the establishment of anticorruption bodies and enha nced transparency in the financing of election campaigns and political parties. States must endeavour to ensure that their public services are subject to safeguards that pr omote efficiency, transparency and recruitment based on merit. Once recruited, p ublic servants should be subject to codes of conduct, requirements for financial and other disclosures, and appropriate disciplinary measures. Transparency and accountability in matters of public finance must also be promoted, and specific requirements are established for the prevention of corruption, in the particular ly critical areas of the public sector, such as the judiciary and public procure ment. Those who use public services must expect a high standard of conduct from their public servants. Preventing public corruption also requires an effort from all members of society at large. For these reasons, the Convention calls on cou ntries to promote actively the involvement of non-governmental and community-bas ed organizations, as well as other elements of civil society, and to raise publi c awareness of corruption and what can be done about it. Article 5 of the Conven tion enjoins each State Party to establish and promote effective practices aimed at the prevention of corruption. Criminalization The Convention requires countries to establish criminal and other offences to co ver a wide range of acts of corruption, if these are not already crimes under do mestic law. In some cases, States are legally obliged to establish offences; in other cases, in order to take into account differences in domestic law, they are required to consider doing so. The Convention goes beyond previous instruments of this kind, criminalizing not only basic forms of corruption such as bribery a nd the embezzlement of public funds, but also trading in influence and the conce alment and laundering of the proceeds of corruption. Offences committed in suppo rt of corruption, including money-laundering and obstructing justice, are also d ealt with. Convention offences also deal with the problematic areas of private-s ector corruption. International cooperation

Countries agreed to cooperate with one another in every aspect of the fight agai nst corruption, including prevention, investigation, and the prosecution of offe nders. Countries are bound by the Convention to render specific forms of mutual legal assistance in gathering and transferring evidence for use in court, to ext radite offenders. Countries are also required to undertake measures which will s upport the tracing, freezing, seizure and confiscation of the proceeds of corrup tion. Asset recovery In a major breakthrough, countries agreed on asset-recovery, which is stated exp licitly as a fundamental principle of the Convention. This is a particularly imp ortant issue for many developing countries where high-level corruption has plund ered the national wealth, and where resources are badly needed for reconstructio n and the rehabilitation of societies under new governments. Reaching agreement on this chapter has involved intensive negotiations, as the needs of countries s eeking the illicit assets had to be reconciled with the legal and procedural saf eguards of the countries whose assistance is sought. Several provisions specify how cooperation and assistance will be rendered. In p articular, in the case of embezzlement of public funds, the confiscated property would be returned to the state requesting it; in the case of proceeds of any ot her offence covered by the Convention, the property would be returned providing the proof of ownership or recognition of the damage caused to a requesting state ; in all other cases, priority consideration would be given to the return of con fiscated property to the requesting state, to the return of such property to the prior legitimate owners or to compensation of the victims. Effective asset-recovery provisions will support the efforts of countries to red ress the worst effects of corruption while sending at the same time, a message t o corrupt officials that there will be no place to hide their illicit assets. Ac cordingly, article 51 provides for the return of assets to countries of origin a s a fundamental principle of this Convention. Article 43 obliges state parties t o extend the widest possible cooperation to each other in the investigation and prosecution of offences defined in the Convention. With regard to asset recovery in particular, the article provides inter alia that "In matters of internationa l cooperation, whenever dual criminality is considered a requirement, it shall b e deemed fulfilled irrespective of whether the laws of the requested State Party place the offence within the same category of offence or denominate the offence by the same terminology as the requesting State Party, if the conduct underlyin g the offence for which assistance is sought is a criminal offence under the law s of both States Parties". All the above features must find place in India's anti-graft watchdog structure being under preparation from the desk of Indian ministerial structure of repute and for not attending to the above points India which is boosting to bring refor ms in International Institutions is making grave err in its primary objective of ging India people the best of sovereign body to keep the nation's sovereignty i ntact. Contact Information: Nksagar-Sagar Media Inc:New Delhi:

Contact Person: Nksagar Chairman Phone: 9810974027

email: email Web: nareshsagar.blogspot.com/2011/06/lokpal-bill-draft-nascently-nai .. Author: Naresh Sagar e-mail Web: www.nksagar.com Phone: 9810974027 Recently Published by The Author UPA leaders huddle discussion on Ombudsman law Lokpal bill draft Nascently Naive CSC announces strategic partnership with NIIT Technologies and Siemens Ltd. Lokpal joint drafting committee the eighth meet today Jayalalithaa demands resignation of P Chidambaram Indian Sports Dev Bill draft:Sports Ombudsman UPA not retrieving black money stashed abroad: Rajnath Singh India needs to fight corruption PM ought to be in ambit of Lokpal Bill: CPM Baba Ramdev to end his fast