A country’s constitution and the laws should be based on the culture, traditions, beliefs etc. In a country where animal sacrifice is a custom during festivals, the laws of the country should not ban animal sacrifice. In the society in which jallikattu (subduing bulls) is a tradition, no laws and regulations should ban this. Values of other countries or what is considered good or bad by intellectuals, social activists etc. should not be imposed on the common people. Breaking cocunuts on the heads of the people, walking on the fire etc. during festivals are traditions of the people of Tamilnadu. Some people may consider these as dangerous but the solution is to station ambulances with first aid facilities at the sites and not banning the same. Some tribal societies have special customs and traditions which to other people may be bad.. But there should be no interference with this.
Corruption at political and official level can be eliminated even without any new laws and regulations,institutions or authorities, if the existing regulations are strictly followed,the audit is undertaken at more frequent intervals and more thoroughly and a few minor amendments are made to the regulations. The office of the Comptroller and Auditor General of India should have more staff to have more frequent and thorough audit. In the 2G spectrum case, as soon as the order was issued in the first case, audit could have called for the files and pointed out the mistakes which they have done later, thereby preventing issue of further orders/orders in other cases.
In the name of facilitating quick decisions, initial examination is done at a fairly high level- at the level of Director/Joint Secretary in the central government and decision is made at secretary/minister level. It would be useful if as in the past all important cases are initially processed at the level of Assistant, and pass through Section Officer. Under Secretary, Deputy Secretary, Director, Joint Secretary, Additional Secretary and Secretary to the Minister.
There are various checks and balances in place in the Government. It may not be out of place to mention that all orders are issued by officials in the name of the President and the ministers have no power to issue any order. As of now, a Minister or Secretary to the government has no powers to create even a post of Class IV( Peon.) There is a procedure to be followed for this. Clerical and senior posts cannot be filled up without the consent of the Public Service Commission. No Financial sanction can be issued with retrospective effect. Orders with financial implications cannot be issued without the concurrence of the Finance Ministry or its representatives.
In India, constitutional authorities like Judges of the Courts, the Comptrollrr and Auditor General of India, the members of Election Commission of India, members of UPSC etc are known for functioning independent of government. They are not eligible for further offices either under the Government of India or under the Government of any State after retirement.However,they are eligible for appointment as Governors.(Former Comptroller and Auditor General of india, former Chairman of UPSC were Governors). It may perhaps be useful, to consider if it would be constitutional to make these authorities ineligible for appointment as Governors.
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Posted by kgovindan