Article 13 of the proposed bill released today (26-05-11) states:
“13. Dereliction of duty.– When any person who is or was a public servant not removable from his or her office save by or with the sanction of the Central Government or State Government, as the case may be, authorized to act under any provision of this Act:
(a) exercises the authority vested in him or her colourably or in a manner otherwise than provided under law for the time being in force, which causes or is likely to lead to an offence of communal and targeted violence or by which he or she intends to screen or knowing
it to be likely that he or she will thereby screen any person from legal punishment; or,
(b) omits to exercise lawful authority vested in him or her under law, without reasonable cause, thereby fails to prevent the commission of communal and targeted violence, breach of public order or disruption in the maintenance of services and supplies essential
to a group,
shall be guilty of dereliction of duty.”
Commentary:
This (ABOVE) is an admission that Article 311 of the Constitution is sought to be overridden by this bill – purely because the Central Government may think the State Government protects the bureaucracy that is guilty of dereliction of duty.
In other words, the IAS bureaucracy all over India must now follow the directions of the Central Government (and hence the party in power) whether or not they work in State Governments. To pass judgment that they SHALL be guilty of dereliction of duty even without so much as an enquiry or prosecution illustrates how the Congress now wants to keep the protection of Article 311 where it suits them but reserves absolute power where they choose to go against a State Government (or “rogue” IAS officers who do not toe their line.
THE PROBLEM IS THE EXISTENCE OF ARTICLE 311 IN ITS PRESENT FORM. It is a legacy of the British Raj and retained for the new Brown Sahib in power. IT MUST GO.
HOW COME there is no provision for “Dereliction of Duty” clause for ALL of Government work? Whether in the States or at the Central Government?
This selective usurping of power to be exercised by the very top of Central Government is a DANGEROUS move and could destroy the Federal Fabric of India, let alone stoke communal disharmony.
ARTICLE 311 SHOULD BE AMENDED TO LET MERITS OR DEMERITS OF PROSECUTION BE DECIDED IN A COURT OF LAW UNDER COMMON LAW AND PROCEDURES.
@jsvasan
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