India Against Corruption

Register

  India Against Corruption > INDIA AGAINST CORRUPTION > DISCUSSIONS

The divide between the law maker, judiciary and administrator is wearing thin- a cause for concern

In a good legal system the law makers [ parliament] are supposed to bring in laws which are simple fair .....




  #1  
04-05-2011
Junior Member
 
: Apr 2011
: Bangalore
: 63
:
: 1 | 0.00 Per Day
The divide between the law maker, judiciary and administrator is wearing thin- a cause for concern


In a good legal system the law makers [ parliament] are supposed to bring in laws which are simple fair and transparent. However year after year the budget for India [ 12 Lakh crores!!! is passed without discussion] The parlimentarians in general may not even be aware of taxes. More importantly how is the money used. Ou govt still has single netry book keeping which does not allow checks and balances to be built in. large amounts of monies spent- there is no check and leakage is accepted by one and all. Today law is being designed and tabled by the beureacrats supposedly in consultation with the tax payers. After it is promulgated some roll back done to satify those who are crying loud . what of the hapless citizen whose voice is not heard.

The VAT which was an imporvement over the sales tax is corruption ridden in all states across India. Normally the VAT laws are bordering on extortion. If there is a demand against a tax payer, the adjudicating officer [ quasi judicial] invariably passes order against where tax payer not willing to bribe. Then the appeal would be admitted only if 50% is paid upfront- bank guarantees are provided. This leads to frustration and the tax payer resorts to the easy way of greasing the palms of such terrotists with power to harass. Appellate authority is also the dept. officer. Are they accountable? No they can do anything with inpunity. In central taxes also corruption is quite high with relief for tax compliant coming only at 2nd appellate or Tribunal stage for most. The govt has a habit of appealling against all cases against it. [GOVERNMENT IS THE BIGGEST LITIGANT] FMs pay lip service to reforms and though there is a movement with good measure on and off, they continue to arm the executive to be able to be a nuisance value. The law evader [ those who do not even enter the mainstream are at times in partnership with the beareucrats] They are invariablly not harassed and the tax compliant gets the brunt of audit/ investigation and cumbersome procedures.

Decisions of the judiciary are immediately short circuited by passing retrospective amendments. Every year the budget exercise is a sham and does not address the major needs of India. At times the decisions ofthe judiciary are also suspect.

The tax payer the professionals along with the parliamentarians should be darfting the law. The executive is only an administrator and should be only that. The executive should also be accountable for his action. Ater all he is a service provider.
  #2  
04-06-2011
Moderator
 
: Mar 2011
: Patna
: 73
:
: 219 | 0.05 Per Day
Accountability

When the prime minister of a nation is not accountable for his acts, how do we expect lesser beings to be held accountable? Merely by accepting that he had erred in PJ Thomas case, he has not demonstrated that he is accountable. If he is accountable, he should suffer penalty and expiate before the nation by paying up for his folly. He should set an example for the lesser beings to be likewise accountable. Instead, what he does is merely admits his guilt in the parliament and continues to lord over us. This is not accountability. What moral can he have to ask others to be accountable for their acts? We know how it is public sector undertakings or in government services. If a wrong is detected to have been committed by an individual and the company or the organization suffers any pecuniary loss, that loss is made up by the erring official failing which he or she is made to suffer penalty/demotion etc. What happened to Dr. MMS for the hash he made of so many things and in the process tarnished the image of the country here and abroad. Even now in the name Lokpal Bill 2010 that was proposed to be passed as an ordinance, it would have proved to be a non-starter. And he keeps on lying to the nation about his intents. Anna Hazare wrote letters to him on the matter, and he did not show the minimum courtesy of responding to him leave alone meeting the demand. Are we demanding the moon from the government?

 



India Against Corruption
India Against Corruption is a PUBLIC Forum, NOT associated with any organisation(s).
DISCLAIMER: Members of public post content on this website. We hold no responsibility for the same. However, abuse may be reported to us.

Search Engine Optimization by vBSEO 3.6.0