(A detailed version of this chapter in notes #301.045 on http://facebook.com/mehtarahulc )
Download this chapter 45 : http://www.righttorecall.info/301.pdf
45.1 An analogy from software field, and short summary of Janlokpal
Say you are shareholder of a company which has 100,000 PCs and you have problem of hackers getting into PCs. An expert comes and says “lets centralize control of all 100,000 PCs into 11 servers”. Any software developer will ask — “what if a hacker or a physical intruder gets access to those 11 servers? Then with one stroke, he gets malafide access to all 100,000 machines”. Such super-centralized system may stop small hackers, but it is a blessing to an high profile intruders who can access machines physically.
The Lokpal System or Janlokpal System is of the same nature.
The Janlokpal will certainly reduce low-level corruption significantly. But it will increase MNC-owners’ domination in Indian administration. IOW, Janlokpal is a medicine which will reduce diabetes by 50% but triples the cancer. In contrast, Right to Recall is superior – RTR reduces corruption as well as reduces MNC-owners’ domination. The cancerous effect of Janlokpal can be zeroed by adding Right to Recall Janlokpal clauses to it. But The Anna, Chhote Anne and all MPs or all parties are united on this — they have all harshly opposed the proposal to add Right to Recall Lokpal clauses in the Lokpal drafts.
This chapter explains how Janlokpal will surely reduce corruption, how it will also surely increase MNC-owners’ dominations and enslave India, how RTR-Lokpal zeroes out this fatal flaw, why The Anna opposes RTR-Lokpal and many other factors of the “MNC-pal masquerading as Janlokpal” game.
45.2 How Janlokpal benefits MNC-owners and Missionaries?
The MNC-owners these days have to bribe and cater 10000s of officials across India at all ranks from Supreme Court judges and PM to CM to Collector to Patwari, Talati. Now let me explain how the corruption in Group-B to Group-D officers/judges benefit small-medium businessmen over MNC-owners. Say a person in some city like Ahmedabad or Delhi owns say 5-10 restaurants. Say he wants to open one more restaurant and local officers ask for bribe of say Rs 500,000. So he pays the bribes and opens a restaurant. Now consider MNC-owner sitting in NYC wanting to open one more restaurant in India. The local officers will raise the bribe to Rs 20,00,000 because the MNC-owner does not have local contacts to create political problems against that officer. Now MNC-owner has no time to directly deal with local officer as his empire is spread all over India and World. So the MNC-owner will have to hire a Radia-type lobbyist or middleman. And that middleman will say that officers are asking for Rs 60,00,000 of bribes !! So all in all, the MNC-owner ends up paying 10-20 times more bribe that what local guy would have had to pay. In addition, Chinese companies are now also coming and offering bribes. This has further increased the bribe money American MNC-owners have to pay.
To reduce the costs and headache, the MNC-owners saw that if there is a committee of non-recallable 11 officers who have powers to imprison anyone in Indian administration, then the bribes that the MNC-owners have to pay will reduce. How?
The MNC-owners will then have bribe only11 officers and via them MNC-owners can threaten any officer PM to Patwari. These 11 officers can be called as MNC-pals.
And the Missionaries feel the same way. Many Group-B to Group-D officers resist them as they are more connected with local communities. And if these 11 powerful persons have power to imprison anyone and everyone, then the Missionaries can hire the relatives of these 11 officers as constantans and use them to control officers who are resisting conversions So these 11 officers can be also called as Missionary-pals.
(Aside : Like it or don’t, the corruption in group-B to group-D officers etc is what has blocked MNC-owners from taking over whole of India. Otherwise, CMs, PM, Ministers, senior Party leaders, Supreme judges, High judges etc are small in number and MNC-owners have already purchased their loyalties by giving them cash or giving their relatives high paid jobs. This is NOT to say that corruption in group-B to group-D officers should stay. It must reduce. But if nepotism/nexuses at top doesn’t reduce, then reduction in corruption at lower levels will only benefit MNC-owners.)
45.3 would YOU support IMF Chairman fasting for MNC-pal law?
So a question MNC-owners and Missionaries faced is — how to get MNC-pal law passed?
The first thing anyone would notice is that the name MNC-pal is bad. The name must at least create a false sense that it is meant for commons, and so a name like Lokpal would be good, and a name like Janlokpal will be even better. But catchy name alone will not be sufficient. Anyone who would read the bill would see that centralizing all powers in hands of 11 non-recallable officials is nothing but a plan to strengthen MNC-owners’ control over India. So how to suppress this fact from becoming point of debate? Now we all know that in India, fasting supported by paid-media is a powerful way to create emotional chaos and suppress fact based debates. Eg. Mohanbhai-1 and British-paid media had used fasts efficiently to misguide people.
So how does The Anna fit in the whole scheme? If fasting is enough to misguide people, why not have IMF Chairman fast for Janlokpal at Jantar Mantar? Well, say IMF Chairman and Wallmart Chairman wearing $5000 Armani suit, $1000 Arrow shirt. $1000 Frezorie tie and $2000 Gucci shoes starts a fast for MNC-pal law at Jantar Mantar. Then would you support the law without reading it? NO. No matter what TV-channels say, you would never trust IMF Chairman in Armani and Gucci blindly. No matter how many days he fasts, you would read and analyze the law. And if you analyze the law, then you would immediately see that giving control over administration is to 11 officers only helps MNC-owners. But say if an elderly saintly man with no wealth, wearing simple clothes sits on fasts, and paid news call him as Mahatma Gandhiji-2. Then now, would you support the law without reading and analyzing it?
And so the MNC-owners paid TV-channels to show The Anna who was fasting for Janlokpal so that a debate on “what if Janlokpal become MNC-agent” can be suppressed.
Let me give you analogy from history and common experience. Say a white man comes and says that “2 + 2 = 4” or “sum of all angles in triangle is 180 degrees”, then would you believe him? Yes, you would. Because when something is verifiable provable fact or sounds reasonable, then person’s color of skin, his dress, how much wealth he has etc become irrelevant. Even his affiliation, whether he is MNC-agent or Congress-agent or RSS-agent become less important.
But now consider a different case. Say you in year 1920, and the British Viceroy comes and says “see people of India, dump all swords and spears, burn all guns, throw away all bullets in river — all weapons are useless … just fast, spin charkha and sing bhajans for 30 years and we British will get scared, and we will run away and you will get freedom”, then would you believe that goraa Viceroy? HELL NO. That’s why the British Viceroys spoke such a lie, and instead the Viceroys paid newspapers to print pictures of Mohanbhai-1. IOW, when lies are to be thrown and facts are to be suppressed, paid news are necessary but not sufficient. The wealthy individuals also need a person with saintly image, who wears simple clothes, has no wealth and someone who can speak loads of lies with straight face without smiling. So MNC-owners cant have IMF Chairman fast for Janlokpal, they need an Indian saintly figure.
But why would a “saint” speak lies? For fame. Let me elaborate
In politics, some 2% people are committed; they may want money\fame\power\etc but only in ethical way. They want money, power, fame etc as much as all do, but will never sell national interests for money or fame or power. They are what we call as good guys. About 97.999% people in politics want money thru any means, and we call then bad guys. And IMO, the worst are the 0.001% who want fame thru any means. Those who want fame will never touch money as that can reduces the faith in blind followers around them. But they can sell national interests to MNCs and wealthy Indians for fame. And of these fame-seekers, worst are those who want their name to become immortal in history. Some example of such fame hungry who sold away national interests are Mohanbhai-1 and Nehru. To get fame, Nehru stopped Indian Military from advancing in JK in 1947, went to UN on JK issue in 1948, weakened Indian Military between 1948-1962 and did many such things. Mohanbhai-1 was another such fame hungry character who ruined national interest. eg Mohanbhai-1 peddled the lie of non-violence, because he wanted the British-paid media to fetch him fame. This delayed freedom by 30 years (and would have been infinite years if there was no World War 2), and resulted into deaths of 10 lakh Hindus in 1947. And Mohanbhai-1 also peddled lie of “Trusteeship of private property” for fame. This 0.001% fame hungry people are worst, and more lethal because it is difficult to prove that they are bad guys and particularly when paid-media is posing them as saint.
Mohabhai-1 peddled lies of non-violence, British paid newspapers to cover him, and all that the delayed Indian freedom by decades and 10 lakh innocent Hindus got slaughtered and 4 crore lost their wealth and had to flee.. Now Mohanbhai-2 is peddling lie of “Janlokpal with no right to recall Janlokpal” and TV-channels paid by MNC-owners are covering him and this will take India back to slavery of MNC-owners.
Finally, I will explain the process how fame-hungry person and wealthy sponsors communicate. They don’t !! They never speak to one-another. The fame-hungry person, such as Mohanbhai-1 or Mohanbhai-2 starts looking for statements and activities which can get them fame. The individuals who own media give directives to journalists and columnists on which activist leader to highlight and whom not to highlight and whom to highlight positively and whom to highlight negatively. The fame-hungry activist-leaders read the journalists, and then adjust their statements and actions based on what they think will fetch them more positive coverage in next round. So till end, the fame hungry person thinks that he is using mediamen !! The reality is just opposite. The fame hungry person will knowingly peddle lies, with aim to get fame, and hope that once he gets fame, he can turn the table. So the fame-hungry persons takes lie-peddling as tactical compromise and convinces himself that when he becomes famous, using his fame and aura, he will do many good things which will cancel the ill effects of lie-peddling he is doing now. What is end effect? The fame-hungry person will never get a chance to turn the table. Because if and when that fame-hungry person behaves in a way sponsors don’t like, the sponsors will block his media coverage. Eg Mohanbhai-1 did not want partition which the British wanted. So the British-paid media. Later Mohanbhai-1 demanded that Congress should be dissolved. The Indian elitemen did not want that. And so they paid media to block his statements on need to dissolve Congress for many months.
So one thing ac activist-leader should always keep in mind is — an activist-leader can never use media-owning elitemen, it can only be other round. The elitemen are too shrewd cant be used. And a lesson to non-80G-activist is — if your activist-leaders is planning to use media-owners, that activist-leader is living in fool’s paradise. So my suggestion to all non-80G-activist is – please analyze if your activist-leader is opposing (= postponing) proposals for fame or because the proposals are bad. If proposals are bad, there is valid reason to oppose them. If the proposals are good, then most likely reason he is postponing (= opposing) them is to ensure favorable media-coverage. Whatever motive or mission he has in gaining media-coverage at the cost of good proposals, it will only do harm to nation.
45.4 The way out
So that’s the Janlokpal Game in a nut shell. The goal is to get a law-draft passed that would strengthen MNC-owners’ control by having 11 Masters, so that MNC-owners need to deal only with their 20-50 relatives. The game is to use network of paid news and NGOs to highlight a Mohanbhai who fasts for that law-draft so that debate on “what if Janlokpal becomes MNC agent” can be suppressed. The sole purpose of The Anna’s fasts is to suppress debate on “what if Lokpal becomes MNC agent”. Otherwise, MNC-owners want Janlokpal, and so MPs will pass Janlokpal anyway.
So what is the way out?
The way out I propose is that non-80G-activists without waiting for unity should demand addition of Right to Recall Lokpal clauses. This will make more and more non-80G-activists demand RTR drafts and will increase the chances of getting RTR enacted in India. And if and when RTR comes, MNC-owners’ domination will end.
45.5 A look into past — RTI and Right to Recall Information Commissioner in RTI
Some 7 years back in year 2004, when RTI-law-draft was being discussed, I cited 3 flaws —
1. the RTI-law-draft does not enable a citizen to put his RTI application on a GoI website
2. the RTI-law-draft doesn’t allow citizens to add their names to an existing RTI application and thus lower middle class and lower class citizens cannot prove numerical support to an RTI application and without help of mediamen, who have expenses and do need to be paid.
3. the RTI-law-draft doesn’t have procedure by which citizens can recall/replace/retain Information Commissioners (i.e. there is no Right to Recall RTI Commissioner) and so most Information Commissioners will become corrupt and RTI will become a useless tool in fight against corruption.
(1) and (2) is what I call as lack of Transparent Complaint Filing in the RTI-law-draft and (3) is what I call as lack of Right to Recall (and Reject). The Right to Recall via Jury System or explicit majority approval is must to reduce corruption. No country in world, except Japan has achieved low corruption with Jury or RTR or both. I have explained Right to Recall aka Prajaadheen Raja in chap-1 of http://goo.gl/ybfEo ( http://rahulmehta.com/301.pdf ) and will cite part of it in context of Right to Recall Lokpal. A belief that corruption can reduce without RTR (via Jury or majority approval) by installing super-Gods like Information Commissioners or Lokpals is like hoping that agents of Mafia Chiefs will reduce crimes. But the apex activists in year 2004 said that “we must insist on RTI-law-draft without transparent complaint filing and without Right to Recall clauses, and only after RTI passes, we will later make sure that these clauses get added”. In the field of activism, the word “later” means “next life time”.
Back then I had less courage to spend my own money in advertising these fatal flaws and remedies. And lesser courage made me put faith in the promise of “later”. The RTI-law-draft passed without any transparent complain filing clauses and without Right to Recall Information Commissioners. Look and see for yourself — so many RTI-awareness classes has been held , so many RTI applications have been filed and so much time and money has been spent and wasted. But corruption did not decrease by even 1%. The RTI-law-draft today has become a defunct tool in the fight against large cases of corruption/nepotism in judges, Ministers, IAS, IPS.
Today in nov-2011, many things have changed, but more they change, more they remain same. Back in 2004, RTI was hot and promises were thrown that come RTI and corruption will reduce by 90%. Today (nov-2011), Jan Lokpal is trendy and The Anna says that Lokpal will reduce corruption by 90%. But today, The Anna or The Team, who were members of very powerful Govt Committee to draft Lokpal bill, insist that Lokpal Act should be without Transparent Complain Filing clauses and without Right to Recall Lokpal clauses. And The Anna and The Team may say that Transparent Complaint Filing should be put later i.e. in the next life time, and oppose the humble request of uncivil society (aka common citizens) to add it “now”. The only change between 2004 and now is a very tiny one — this time, I have decided to spend my own hard earned post tax money to ensure that at least a few hundred activists do know about these 3 fatal flaws in Lokpal drafts and do know about remedies and also know that Anna added these remedies or Anna refused to add these remedies. Unlike Anna who got backing of 50 TV-channel-sponsors and 400 newspaper-sponsors across India, I am backed only by my own income only. Taking the information about Right to Recall Lokpal clauses to a few hundred activists via newspaper ads and internet — is as far as I can go with my own limited money. Rest will be decided by the priorities and decisions of activists who come to know about my proposed additions in the Lokpal bill via my limited campaign.
45.6 Major flaws short-comings in the Lokpal draft
1. Selection procedures (section-6.6.i) are completely void of transparency : Section-(6)(6)(i) of Jan Lokpal says “i. Public feedback shall be invited on the shortlisted names by putting these names on the website”. But draft is completely void of ways and means by which 75 crore or even 1 crore citizens can send feedback in transparent way. E.g. say I send a letter to Lokpal Selection Committee Chairman that “appoint Mr. NaMo as Lokpal” or “appoint Mr. Nitish as Lokpal”, and the Lokpal Selection Committee Chairman may say – “you never sent such a letter” or replace my letter with letter saying “appoint Mr. X as Lokpal”. This is very much possible. Solution is to have procedure by which citizen can post affidavit on Lokpal’s website by visiting Collector’s office. Likewise, if 50 lakh people send a letter saying “pls appoint Mr. NaMo as Lokpal”, the Committee may say “they got only 10 lakh such letters”. Solution? The Transparent Complaint Filing (described in next point) will almost eliminate this problem.
2. Transparent Complaint Filing is must : A corrupt Lokpal or Lokpal who is agent of MNCs may say : you never sent me the full complain !! Let me give a detailed example : (i)say I send a 20 page long complaint against a judge or a Minister by registered ad postal mail (ii)say Lokpal has nexuses with that judge or that Minister, or if Lokpal is an MNC agent and those MNCs have asked Lokpal to protect that judge/Minister (iii)then Lokpal can remove 5-10 key pages from envelope, and then tells me after 3 months, that “you never sent the full complaint and so we had to dismiss your complaint”. In a country where whole files disappear, this is more than likely. Solution I propose is to add 3 clauses in Lokpal draft that would enable citizens to DIRECTLY put affidavits (complaints) on the website of Lokpal via personally visiting Collector’s office. If Lokpal now tries to remove pages, the citizens will come to know immediately because of 100s of backups taken by private and Govt bodies’ software.
3. Right to Recall Lokpal aka Prajaa-aadheen Lokpal is must : If Lokpal becomes corrupt then citizens will have to wait for five years, or do another hunger strike. Hunger strike needs support of media. Without support of media, hunger strike doesn’t even kill a mosquito. E.g. Forty lakh people died in Bengal due to hunger and famines in early 1940s and paid or unpaid media did not give any attention. But when Mohanbhai were to stay hungry for even 5 days, British-paid media would create perception of earth-quakes. So hunger strike is not an option for the hungry and poor – it is only for those who are well connected with paid or unpaid media. Now given that selection committee for Lokpal is governed by Speakers, SCjs, HCjs — the possibility that a person as corrupt as S. Pawar, but with a clean image, will become an Lokpal is real. The solution I propose is : we should add clauses in both Lokpal draft that would enable us citizens to expel/replace Lokpal aka Right to Recall Lokpal.
4. Right to Retain Lokpal : Say the Lokpal is honest, but SCjs are as non-corrupt as S. Pawar. Now in the proposed IAC Lokpal draft, SCjs can expel Lokpal (pls see section-7). So if SCjs are as non-corrupt as Pawar, then they may expel Lokpal. Now both Lokpal bills provide no means for citizens to re-install that honest Lokpal back. i.e. both lack Right to Retain Lokpal. In fact, the fact that Lokpal can be expelled by SCjs make him dependent and not independent. The relative-lawyers of SCjs may constantly threaten Lokpal and extort favors from him, just as Ministers’ relative extort favors from officials. Solution I propose is adding Right to Retain clauses, which would enable citizens to re-install a non-corrupt Lokpal expelled by corrupt people in power.
45.7 What can you do to make MNC-pal a true Janlokpal?
I am only requesting all activists, including IAC activists, to request PM, Anna and all Committee Members to add
1. Three clauses for Transparent Complaint Filing (aka TCP described in chap-1 of this book http://rahulmehta.com/301.pdf )
2. Twelve clauses for Right to Recall Lokpal , which will also act as Right to Retain Lokpal. The Right to Recall Lokpal clauses would make the Jan Lokpal a Janaadheen Lokpal, and thus a Jan Lokpal in true sense. If Jan Lokpal is not Janaadheen Lokpal, he will become Dhan Lokpal i.e. agent of MNCs and elitemen lobbies.
3. The draft committee should put all proposals sent to it as affidavit on its website, and may charge a fee to scan and upload the affidavits.
So I request all activists to ask PM and Annaji and IAC to add these clauses in Lokpal draft.
45.8 Three clauses of Transparent Complaint/Feedback Filing aka Citizen’s Voice
Following is the addition is propose in Lokpal bill.
Section-NN : Transparent Complain/Feedback Filing
#
Officer
Procedure
1 Instruction to Collector (or Executive Magistrate he designates)
The President hereby orders Collector that : if a woman voter or dalit voter or senior citizen voter or poor voter or farmer voter or ANY citizen-voter in his district submits a complaint to Lokpal to the Collector (or his designated Executive Magistrate) and requests to be put on the website of Lokpal, the Collector or his designated Executive Magistrate will issue a serial number and put that affidavit on the website of the Prime Minister for a fee of Rs 20 per page. The affidavit must be made before Executive Magistrate on stamp paper of Rs 20 and signed by two witnesses. The complainer and witnesses must have voter-IDs with them.
2 Instruction to Talati, Patwari, Village Officer (or his clerk)
The President orders Patwari that :
(2.1) if a woman voter or a dalit voter or a senior citizen voter or a poor voter or a farmer voter or ANY citizen-voter comes with voter ID, and specifies YES_NO on a complaint submitted on Lokpal’s website, the Patwari will enter his YES-NO on the Lokpal’s website along with his voter-ID and give a printed receipt for Rs 3 fee.
(2.2) The Patwari will also allow citizen to change his Yes-No for Rs 3 fee
(2.3) The Collector may enact a system to provide SMS feedback
(2.4) The PM may create a system by which citizens can register YES/NO using ATM or SMS.
(2.5) The fee will be Re 1 for BPL card holder
3 [To all Citizens, Lokpal]
This section is for transparent complain filing only for dalit, poor, women or any voters, it is not a referendum procedure. The Yes-No count will not be a binding on Lokpal etc. However, if over “a certain number” of women voters, dalit voters, senior citizen voters, poor voters, farmer voters or ANY certain number of citizen-voters register YES on a given affidavit, then the Lokpal may or need not take necessary action in two months. Or the Lokpal may resign. The “certain number” will be decided by Lokpal. Lokpal’s decision on this will be final. And all citizens are requested to note that this procedure can be also used to send feedback to Lokpal Selection Committee under section-(6)(6)(i) of this bill.
—– end of addition—-
Summary : I summarize the above proposed clauses in Lokpal draft as : please allow a citizen, if he wants, to put his complaint/affidavit on PM’s website. That’s all. This is less than Pandavas asking for 5 villages.
FAQs
Q1. What is the purpose of clause-2?
A1- Clause-2 is because if 10000 citizens have same complaint, all need not go to Collector’s office and spend Rs 40 and create law-order mess. The load is reduced to filing YES and gets divided over 100s of Patwaries. It decreases travel time for citizens, travel expenses, decreases load on system and decreases possibility of crowding at Collector’s office.
Q2. Can someone buy votes in this procedure?
A2- The Lokpal Draft Committee Member Shri Annaji says we all 75 crore citizens of India, except handful of wealthy and educated in civil society, sell our votes for Rs 100, bottle of liquor and a saree. I will gulp this insult thrown on me and my 75 crore fellow voters. But I request Annaji to ask his supporters in USA how much did they sold away Indian citizenship for. Nevertheless, Annaji may be worried about possibility that we all commons would sell our YESes under clause-2.1. To reply — I request Annaji and all to read clause-2.2 . Clause-2.2 says citizen can change his YES any day. So if a rich man pays a citizen Rs 100, bottle and saree to get a YES, then next day that citizen can change his YES to NO and demand Rs 100, saree and bottle again. Now even if 100 richest men of India start paying Rs 100, bottle and saree everyday to crores of citizens everyday, within month they will all run out of money. So clause-2.2 makes the whole procedure immune to sell-out.
Q3. Costs estimates
A3- Even if 1 crore citizens register YES, the cost is below Rs 3 crore and that covers salary of all clerks. Further, when PM implements the system via ATM and SMS, the cost per YES will drop to few paise per YES/NO. So even if all 75 crore citizens were to register YES on an issue, the cost will be just few lakhs.
(Following is plain text of above table to copy/paste on internet forums)
Section-NN : Transparent Complain Filing
1. [Instruction to District Collectors] The President hereby orders Collector that : if a woman voter or dalit voter or senior citizen voter or poor voter or farmer voter or ANY citizen-voter in his district submits a complaint to Lokpal to the Collector (or his designated Executive Magistrate) and requests to be put on the website of Lokpal, the Collector or his designated Executive Magistrate will issue a serial number and put that affidavit on the website of the Prime Minister for a fee of Rs 20 per page. The affidavit must be made before Executive Magistrate on stamp paper of Rs 20 and signed by two witnesses. The complainer and witnesses must have voter-IDs with them.
2. [Instruction to Patwari or his clerk or Village Officer] The President orders Patwari that :
(2.1) if a woman voter or a dalit voter or a senior citizen voter or a poor voter or a farmer voter or ANY citizen-voter comes with voter ID, and specifies YES-NO on a complaint submitted on Lokpal’s website, the Patwari will enter his YES-NO on the Lokpal’s website along with his voter-ID and give a printed receipt for Rs 3 fee.
(2.2) The Patwari will also allow citizen to change his Yes-No for Rs 3 fee. 3.
(2.3) The fee will be Re 1 for BPL card holder
3. [General instruction to all citizens] This section is for transparent complain filing only for dalit, poor, women or any voters, it is not a referendum procedure. The Yes-No count will not be a binding on Lokpal etc. However, if over “a certain number” of women voters, dalit voters, senior citizen voters, poor voters, farmer voters or ANY certain number of citizen-voters register YES on a given affidavit, then the Lokpal may or need not take necessary action in two months. Or the Lokpal may resign. The “certain number” will be decided by Lokpal. Lokpal’s decision on this will be final. And all citizens are requested to note that this procedure can be also used to send feedback to Lokpal Selection Committee under section-(6)(6)(i) of this bill.
—– end of addition—-
For FAQs, pls see http://righttorecall.info/004.pdf
45.9 Ten Right to Recall Lokpal clauses
Section-NN : Citizen’s Right to Recall/Retain Lokpal
# Procedure for
Procedure / instruction
1 – The word citizen would mean a registered voter. This procedure will apply only for one member of Lokpal called as Citizens’ Appointee. Initially, he will be appointed by the Lokpal Section Committee. And the word “may” in this section means “may or need not” and does not mean binding in any way.
2 Instruction to Collector
The President orders Collectors that if any citizen of India above age of 40 wishes to become a member in Lokpal Committee as Citizens’ Appointee, and he appears in person before the District Collector, DC would accept his candidacy for Lokpal member after taking filing fee same as deposit amount for MP election. The Collector will post his name and serial number on Lokpal’s website. No symbol will be issued.
3 Instruction to Talati or Patwari
(3.1) If a citizen of that district comes in person to Talati’s office, pays Rs 3 fee , and approves at most five persons for the RBIG position, the Talati would enter his approvals in his computer and would him a receipt with his voter-id#, date/time and the persons he approved. The fee for BPL card holder will be Re 1.
(3.2) The Collector may enact a system to provide SMS feedback
(3.3) The PM may create a system by which citizens can register approvals using ATM or SMS.
4 Instruction to Talati or Patwari
The Patwari or Talati will put the approvals of the citizen on Lokpal’s website with citizen’s voter-ID number and approvals he gave.
5 Instruction to Talati or Patwari
If a the citizen comes to cancel his Approvals, the Talati will cancel one of more of his approvals without any fee.
6 Instruction for Lokpal Chairperson
On every 5th of month, the Lokpal may publish Approval counts for each candidate as on last date of the previous month.
7 Instruction for Lokpal Chairperson
If a candidate gets approval of over 37 crore voters, and it is also 1 cr more than the approval count of existing Citizens’ Appointee, then Lokpal Chairperson may request existing Citizen’s Appointee and appoint the most approved candidate as Citizens’ Appointee in the Lokpal Committee. The Chairman may lower the threshold from 37 crores to any number over 24 crore.
8 Instruction for Lokpal Chairperson
The Lokpal Chairperson with approval of all existing members and with approval of Lokpal Selection Committee members may increase number of Citizens’ Appointee.
9 Instruction for Lokpal Chairperson
If a candidate gets approval of over 24 crore voters approve a candidate, and is 1 crore more than approval count of existing Citizens’ Appointee, then Lokpal may or need not request Citizens’ Appointee to resign and may or need not appoint the most approved candidate as Lokpal member. The Selection Committee may alter this number from “24 crore” to any number no more than “37 crores” .
10 Instruction for Collector
If any citizen wants a change in this law, he may submit an affidavit at DC’s office and DC or his clerk will post the affidavit on the website of Lokpal for a fee of Rs 20/- per page.
11 Instruction for Talati or Patwari
If any citizens want to register his opposition to this law-draft or any section or wants to register YES-NO to any affidavit submitted in above clause, and he comes to Talati’s office with voter-ID and pays Rs 3 fee, Talati will enter YES/NO and give him a receipt. The YES-NO will be posted on the website of the Prime Minister.
12 Right to Retain Lokpal The citizens may use this procedure to retain, or bring back, a Lokpal member was expelled but citizens wanted him to continue. Hence this section may also be referred as Right to Retain Lokpal.
For FAQs, pls see chap-50 of http://righttorecall.info/004.pdf
(Following is in plain txt for copy-paste on internet forums. Following that are FAQs)
Section-NN : Citizen’s Right to Recall
1. The word citizen would mean a registered voter. This procedure will apply for at least one member of Lokpal called Citizens’ Appointee. Initially, he will be also appointed by Lokpal Section Committee. The word “may” in this section means “may or need not” and does not mean binding in any way.
2. [Instruction to Collector] : The President orders Collector that if any citizen of India above age of 40 wishes to become a member in Lokpal Committee as Citizens’ Appointee, and he appears in person before the District Collector, District would accept his candidacy for Lokpal member after taking filing fee same as deposit amount for MP election. The Collector will post his name and serial number on Lokpal’s website. No symbol will be issued.
3. [Instruction for Patwari or Talati or their Clerks] (3.1) The President orders Patwari or Talati or their clerks that if a citizen of his town or ward comes in person to office of Patwari or Talati, pays Rs 3 fee , and approves at most five persons for the Lokpal position, the Talati would enter his approvals in the computer and would him a receipt with his voter-id#, date/time and the persons he approved. (3.2) The Collector may enact a system to provide SMS feedback . (3.3) The PM may create a system by which citizens can register approvals using ATM or SMS.
4. [Instruction for Patwari or Talati] The Talati will put the preferences of the citizen on Lokpal’s website with citizen’s voter-ID number and approvals he gave.
5. [Instruction for Patwari or Talati] If a the citizen comes to cancel his Approvals, the Talati will cancel one of more of his approvals without any fee.
6. [Instruction for Lokpal Chairperson or his Secretary] On every 5th of month, the Lokpal may publish Approval counts for each candidate as on last date of the previous month.
7. [Instruction for Lokpal Chairperson] If a candidate gets approval of over 37 crore voters, and it is also 1 cr more than the approval count of existing Citizens’ Appointee, then Lokpal Chairperson may request existing Citizen’s Appointee and appoint the most approved candidate as Citizens’ Appointee in the Lokpal Committee. The Chairman may lower the threshold from 37 crores to any number over 24 crore.
8. [Instruction for Lokpal Chairperson] The Lokpal Chairperson with approval of all existing members and with approval of Lokpal Selection Committee members may increase number of Citizens’ Appointee
9. [Instruction for Lokpal Chairperson] If a candidate gets approval of over 24 crore voters and is 1 crore more than approval count of existing Citizens’ Appointee, then Lokpal may or need not request Citizens’ Appointee member to resign and may or need not appoint the most approved candidate as Lokpal member. The Selection Committee may alter this number from “24 crore” to any number no more than “37 crores” .
10. [Instruction for District Collector] If any citizen wants a change in this law, he may submit an affidavit at DC’s office and DC or his clerk will post the affidavit on the website of Prime Minister for a fee of Rs 20/- per page.
11. [Instruction for Talati or Patwari] : If any citizens want to register his opposition to this law-draft or any section or wants to register YES-NO to any affidavit submitted in above clause, and he comes to Talati’s office with voter-ID and pays Rs 3 fee, Talati will enter YES/NO and give him a receipt. The YES-NO will be posted on the website of the Prime Minister.
For FAQs, pls see http://righttorecall.info/004.pdf
FAQs
Q1. Can anyone but approvals or votes in THIS proedure?
A1 – The Lokpal Draft Committee Member Shri Annaji says we all 75 crore citizens of India, except handful of wealthy and educated ones, sell votes for Rs 100, bottle of liquor and a saree. I will gulp this insult thrown on me and my 75 crore fellow voters but vow to return it back with interest. But I request Annaji to ask his supporters in USA how much would they sell their Indian citizenship for. Nevertheless, Annaji may be worried about possibility that we all commons would sell our YESes under clause-5. To reply — I request Annaji and all to read clause-7 . Clause-7 says that if someone pays a citizen Rs 100, bottle and saree to get a YES, then next day that citizen can change his YES to NO and demand Rs 100, saree and bottle again. Now even if 100 richest men of India start paying Rs 100, bottle and saree everyday to crores of citizens everyday, within month they will all run out of money. So clause-7 makes the whole procedure immune to sell-out.
Q2. Costs estimates
A2 – Even if all 75 crore citizens register approvals, the cost is below Rs 250 crore and that covers salary of all clerks. The cost is too small compared to damage corrupt Lokpal can cause. Further, when PM implements the system via ATM and SMS, the cost per YES will drop to few paise per YES/NO. So even if all 75 crore citizens were to register YES on an issue, the cost will be just few lakhs. So cost is non-issue.
Q3. How will citizens know about Lokpal candidates?
A3 – How do citizens know about their MP candidates? Same way they will know about Lokpal candidates. Each citizen will initially approve candidates he knows about. Later, when no candidate gets over 24 crores approvals, citizens will take interest in candidates who are say in top 10 or top 20. The candidates will also file their descriptions as affidavits on net, and citizens who don’t have net can know via 5% citizens who have net on PC or their mobile. In addition, activists of organizations like BST or IAC or political parties can also spread information about candidates in top 20-25 list. This way, more and more citizens will come to know about popular candidates.
Q4. Wont citizens approve a corrupt person as Lokpal?
A4 – If a person can get approvals of crores of citizens by paying them Rs 100, bottle and sari, then surely he can also offer Rs 100 cr to each of the 10 committee members or influence them via lobbyists, corporates, media.. But still lets assume that all committee members are saints and immune to all influences. And lets say that crores of citizens sent the most corrupt person in Lokpal Committee. But he will be only one out 10. The remaining nine members are honest and all appointed by honest committee members. So why should Annaji worry about one corrupt Lokpal member so much? Aren’t nine members capable of dealing with one corrupt member?
Q5. Is these Right to Recall Lokpal clauses unconstitutional?
A5 – Please cite which article of Constitution is violated? And till Supreme Court judges say it is unconstitutional, these proposed clauses are constitutional.
45.10 Reply to Annaji’s lies and insults, that we citizens sell votes
In India, to get membership into civil society, one has to insult us commons by calling us illiterate, vote-seller, unaware, moron etc. The Anna is now apex of civil society and is WalMart of 80G-activism, and so no wonder he has said that ALMOST ALL of us 75 crore citizen-voters of India sell votes for Rs 100, bottle of liquor and saree. His statement also covers me, because I am a common man myself. I would like to refute the lie.
It is a fact that citizens do take money. For that matter, an elitemen will not take Rs 100, but will he turn down Rs 10000 or Rs 100,000? Don’t activists take money from Foundations? But saying that citizens “sell” that vote is not just wrong, but a stupid statement or a lie because every citizen knows, and Annaji too knows that voting is confidential. So voter may have taken money from one or two or even 5 candidates. But inside booth, he votes only for candidate he likes. Hence there is no “selling”, because voting cant be monitored at all.
Now a valid question does come. Why do corrupt candidates win? Answer is — in most elections, all major parties field only corrupt candidates. This is because party presidents don’t like non-corrupt non-criminal candidate as they are difficult to suppress and prefer corrupt and criminal candidates as they are easy to control. A person who has 10s of corruption/crime cases against him can be easily forced to shut up by threatening arrests. Selecting bad candidate is NOT a flaw of voters.
But one more question comes. Then why don’t voters vote for honest independent? Because in India, Election Commission doesn’t allow voter to give preference (multiple votes) but allows voter only to cast one and only one vote. So lets say there are three candidates – dishonest BJP candidate, dishonest Congress candidate and honest independent. Say a voter hates Congress. So he fears that if he votes for the honest independent candidate, then this will increase the possibility that Congress would win. However, if Election Commission were to allow voters to cast preferences, then voter can give first preference to honest independent and second preference to BJP1 and thus vote for honest candidate as well as ensure defeat of Congress1 (see chapter-40 , section 40.11 – Instant Runoff Voting in http://rahulmehta.com/301.pdf , http://en.wikipedia.org/wiki/Instant_runoff_voting ). This will increase focus honest independents get and in 1-2 elections, he may be able to defeat dishonest candidates. However, Election Commission opposes enacting preferential ballots and insists on only single voting. So each voter has to vote for candidate-X who can defeat the candidate he hates most. Even if no money was given, the voter who hates Congress1 would still vote for dishonest candidate of BJP1 and voter who hates BJP1 will vote for dishonest candidate of Congress1. So this is due to system, not due to voter or sell out.
If a class-X student says that “voters sell out”, I will call it lack of information. But if a seasoned activists or politician speaks such a lie, I would call it as motivated lie to increase support for dictatorship. The Anna is wants to generate support for a dictatorial Lokpal bill without Right to Recall, and so he is spreading such lies. His slogan is not “mera neta chor hai”, but his slogan is “mere desh ke saare aam aadmi chor hai”.
And above all, while Annaji worries why voters vote for dishonest candidates, he doesn’t say why candidates dare to become corrupt. The main reason is – citizens cant expel them and cant imprison them using Jury System or Majority Vote. It is preposterous that he doesn’t focus on more corrupt people like judges, IAS, IAS, civil society members who launder money via NGOs and is chasing us commons.
45.11 How MNC-pal (aka Lokpal or Janlokpal) will strengthen MNC-owners, weaken India
There is something 10 times worse than corruption that is happening in India. What? Our weapon manufacturing and maths\science education is weakening day by day. Why? The main reason is — MNC-owners are bribing Ministers, IAS at State\Central levels to ruin our weapon manufacturing and maths\science education. And Janlokpal or any Lokpal with no Right to Recall Lokpal can worsen this problem. How?
The Janlokpal or Lokpal selection committee consists of some 9 persons (namely Vice President, PM, Leader of Opposition, 2 Supreme judges, 2 High judges, CEC, CAG) which already may be MNC-owners’ agents or MNCs can easily bribe out or cater via Radia like lobbyists or MNC-owners can blackmail them via mediamen. And thus MNC-owners can ensure that only MNC-puppets with clean image become Janlokpals or Lokpals. And in case a non-puppet becomes Janlokpal or Lokpal, MNC-owners can bribe him out or blackmail him down using mediamen. Using these puppets Janlokpals or Lokpals, MNCs will suppress lower scale corruption (District Collector and below) because low-scale corruption hurts MNCs more than small-medium businessmen. At the same time, the Lokpals will promote policies to weaken Agriculture, Defense Manufacturing and Maths]Science education, so that India becomes more and more dependent on MNCs. How can Lokpal promote such polices? By harassing the IAS, judges, Ministers who oppose these polices and favoring Ministers, judges, IAS who support these policies.
45.12 How MNC-pal (aka Janlokpal) will weaken security, strengthen secessionists
If the MNC-owners manage to plant their agents as 11 Lokpals, which is easy as the 9 members in-charge of appointing Lokpals can be bribed or coerced, then it can weaken Indian security and also strengthen secessionists like Kashmiri secessionists. How? The MNC-owners’ also cater the interests of US Military because US Military caters interests of MNC-owners. The US Military wants independent Kashmir, because if Kashmir becomes independent, then Kashmir will have to invite US Military to protect itself from Pakistan, China and India. So MNC-owners will ask Janlokpals to throw right or wrong charges against every Minister, MP, IAS, IPS etc who are opposing referendum/secession of Kashmir, and thus increase the possibility that Kashmir may secede. But if there is Right to Recall Lokpal, then citizens can replace such Lokpals and thus Lokpals will not dare to harass committed officers on frivolous basis.
45.13 How Janlokpal with no RTR-Lokpal is Missionary-pal
As explained earlier, given the selection-search procedures, it will be piece of cake for MNC-owners to install their men as Lokpals. Now MNC-owners depend on US Military and US Military depends on Missionaries for recruits and motivating soldiers to kill and die !! This may be surprise for many readers, but The Churches are biggest recruiters and motivators for US Military. The Churches always motivate youngsters to join US Military and always mention that Christianity has re-entered Middle East after 1200 years due to US Military only. Now there is always give and take in any business. The Churches will ask US Military to give favors and US Military will ask MNC-owners to give favors. So all in all, the Lokpals will have to do a lots of favors to the Missionaries. The favors will be done by throwing right or wrong corruption cases against all Ministers, MPs, officers, policemen etc who oppose Missionaries. However, if there is Right to Recall Lokpal, such nefarious activities wont happen, because citizens would promptly replace such Missionary-pal. And threat of replacement will ensure that the Lokpal doesn’t dare to become Missionary-pal.
45.14 Response of IAC members, The Anna and The Team on RTR-Lokpal etc
Over 99% IAC members haven’t read even 2 out of 27 pages. When I describe the bill, they too are horrified at the certainty that Lokpal with no RTR-Lokpal is nothing but MNC-pal and Missionary-pal So almost all IAC members I meet say that Transparent Complaint Filing is must and almost all also agree with RTR-Lokpal-clauses. Many say that they have spoken to The Anna and The Team personally and some said that they read each of the RTR-Lokpal clause in Hindi as well. These IAC members tell me neither The Anna nor any of The Team Members are showing any interest in RTR-Lokpal.
45.15 Why The Anna opposes RTR-Lokpal-clauses?
The Anna was an Anna of a village and how he is The Anna of India. He was a small time (and no disrespect for small and I myself is a small guy) kirana level activist like myself, and how he is Walmart of activism. But who gave him all the fame? The TV-channels and newspapers. And who paid the TV-channels and the newspapers? The MNC-owners. Why? Three reasons — to kill the fame of Shri Ramdevji, to wash away the Swiss money issue and also to camouflage MNC-pal as Janlokpal. In return, what does The Anna get? Not money — The Anna doesn’t take money, and he is not at all interested in money. Then what does The Anna want and is promised to get in return?
What did Mohanbhai-1 want? Not money, not power. What did Nehru want? Not money. And say he wanted power, but then, what did he want after he had power? Fame. Many people have extreme urge to have lots and lots of fame and some have morbid wish to become immortal in history. They wont take a penny of bribe, as this may hurt their image in blind bhagats around him and also may suffer bad reputation. But they can do any harm to society for fame.
To get fame, they speak what elitemen who pay mediamen want them to say and not to say. Eg Mohanbhai-1 supported execution of Mahatma Bhagat Singh, because he saw that that would make British lakhs of rupees to newspapers to create good image of Mohanbhai-1. Likewise, he started Dandi March to disperse Purna Swaraj movement started by Mahatma Bhagat Singh in prison via his court trial speeches. Because Mohanbhai-1 saw that British would gladly pay newspapers to give him all the publicity he wants to so that Purna Swaraj Movement gets dispersed.
The Anna knows that Janlokpal with no RTR-Lokpal is MNC-pal and Missionary-pal. And he knows that this will take India towards slavery of MNC-owners. And he knows that if he supports RTR-Lokpal, then MNC-owners will stop giving him publicity and fame, and worse, MNC-owners may also unleash negative propaganda against him in newspapers and TV-channels and ruin all his reputation. That’s why The Anna is opposing the proposal to add Right to Recall Lokpal clauses in Lokpal draft.
45.16 The way out
The way out I suggest is — ask all Ministers and also The Anna to support proposal to add RTR-Lokpal clauses in the Lokpal drafts. If The Anna supports the proposal, then RTR movement will advance. And if The Anna opposes RTR-Lokpal then The Anna will get exposed and RTR Movement will still advance. And if Janlokpal with RTR-Lokpal passes, then India will be greatly benefited. Within 3 months after this law-draft passes, RTR will come on every position from PM to Talati and India will become a much better and stronger place. So way out I suggest is — please campaign for RTR-Lokpal clauses.
45.17 Conclusion — What can you do make MNC-pal a true Janlokpal?
Please write following letter to PM and also The Anna.
Dear Sir,
We request you put all feedbacks on Draft Committee websites. And we request you to add clauses in Lokpal bill which will ensure that a citizen will be able to put his affidavit on Lokpal’s website which can be seen to public. And citizen can add their names to the affidavits support. And also request you to add Right to Recall Lokpal clauses, because without Right to Recall Lokpal, Jan Lokpal will become Dhan Lokpal i.e. MNC-owners’ agent. At least one out of ten Lokpal members should be recallable , replaceable by us citizens.
Regards ,
______________________________________ (name)