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Let J&K Government block extension of proposed amended anti-corruption law
9/15/2013 12:06:21 AM
Early Times Report
JAMMU, Sept 14: Jammu and Kashmir is the only State in India that can block the extension of a law that could land in prison any person found giving bribe. Hitherto, only the bribe takers were being penalized and those who would give bribe were being treated as abettors, an offence which cannot be easily proved and if proved invited a mild punishment.
Reports said that the union Government proposed to amend the anti-corruption law so that bribe givers too were held guilty of violating the law which would invite heavy punishment. And if this proposed law is adopted by the Parliament and the State legislature approved its extension to Jammu and Kashmir it will create difficult situation for people keen to see their cases settled in various Government offices.
According to these reports, a bill to amend the anti-corruption law has been introduced in the Rajya Sabha a month ago and it is expected that the move will get the nod from the Parliament within next six months.
In case it is made applicable to Jammu and Kashmir files in various Government departments may stop their movement. Hitherto, the concerned person or persons could make these files, carrying cases of various nature for speedy disposal from the top bureaucrats or the Ministers, move faster than light because those engaged in making files move were bribed by the petitioners or by the applicants.
Now when the proposed amendments to the anticorruption law make bribe giving a serious offence all those applicants and petitioners, seeking speedy disposal of their cases, may have to wait for years because in the absence of bribe giving they would not be able to see any movement in the files from one table to the other.
And these applicants and petitioners may be faced with a difficult situation if their pestering for ensuring movement of files from one table to another could prove counterproductive. Any officer denied bribe could report to the police that he person, pestering for settling his or her case, was trying to bribe him which could lead the applicant or the petitioner in trouble. Already Jammu and Kashmir State has earned the reputation of being the second corrupt State after Bihar and it would be a
Loss to many many people in the State the proposed law is allowed to get extended to Jammu and Kashmir.
Under Article 370 of the Constitution of India, that not only gives special status to Jammu and Kashmir State within India but also provides that any central law could not be made directly applicable to the state. For allowing the central law to get extended to Jammu and Kashmir the State legislature has to give its approval. Even if the Governor or the State Cabinet gives approval to the extension of any central law that decision has to be ratified by the State legislature.
And the State Government can invoke the provisions of Article 370 and block the extension of the amended anti-corruption law to the State. Already the state has earned the distinction of being slow in implementation of various state and centrally sponsored schemes. It has earned the reputation of a state where employees, bureaucrats and Ministers love to be lazy in the disposal of files and cases. And the only way to remove this blot was to block the extension of the law so that files move, cases get speedy disposal whether many changes hands under the table or over the table.
Assuming that the Congress led UPA Government may feel annoyed with the State Government for having blocked the extension of the amended form of anti-corruption law the State legislature can incorporate many more amendments before a law having no teeth is adopted and enforced in Jammu and Kashmir.
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