The problem with Anna Hazare

As posted earlier, I’ve refined the concept map/mind map of what exactly (actually a broad outline) is Anna Hazare proposing under his anti-corruption Ombudsman Bill (the Lok Pal Bill) as against what is enshrined in the Constitution of India as regards to the Separation of Powers.

Basically there are 2 problems with Anna Hazare’s proposal - a fundamental, conceptual flaw.

• It concentrates all the powers - Making a Law, Implementing it, Monitoring it, Investigating with it, Judging and Punishing under it - in one single institution;  Precisely what the architects of the constitution aimed to avoid - the insular concentration of powers under one authority.
• It doesn’t factor itself under any Checks and Balances - The co-equal separation of Powers in a Democracy is to ensure a system of checks, so that one arm of the Government doesn’t exceed its authority and if it does happen, offer a balancing mechanism to correct it.  Thus
• the Executive is answerable to the Parliament - there is the PAC/JPC row in the 2G scam
• the Parliament cannot enact anything it likes, just because it is the supreme law making authority of the land.  If an enacted law violates the constitution, then Judicial intervention is possible - for example the 50% cap on reservation imposed by the Supreme Court
• the Judiciary is answerable for any malpractices too - the Justice Sen impeachment in the Upper House of the Parliament last week is a fine example

There are also 3 basic problems in the way Team Anna is trying to enforce the law - procedural flaws

• Accepting for a 15 day hunger strike agitation and then issuing ultimatum that their version of the Lok Pal bill should be enacted by 30th August - sort of making up rules as the game goes on.
• Threatening that their campaign will attempt to also encompass Electoral Reforms Bill and Land Acquisition Bill and what not - sort of moving the goal posts mid way through the game.
• refusing to listen to what the other side is saying - going tone deaf

So here is the concept map - the image file is linked to the actual map [http://www.xmind.net/share/madmadrasi/the-constitution-of-india/].

The concept map has been made with the excellent freeware tool Xmind.

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