2 year(s) ago
The Bill, as it is drafted, seeks to undermine the sanctity of the institutional framework of the country covering in its sweep many institutions that have hitherto functioned reasonably well. Even though, admittedly, the institutions are in need of incremental but certain reforms, the Bill seeks to, with one stroke, dilute the sanctity of the institutional framework of our country. For example, it requires repeal of the Central Vigilance Commission, which was created under the orders of the apex court in Vineet Narain v Union of India. It requires CBI's anti-corruption unit in charge of investigating offences to be subsumed within itself. It attempts to replace a trial court which would issue search warrants or summons for discovery or production of certain documents. It also replaces the interim order making power of courts and their power to prescribe fines or levy penalties or order dismissal of employees. It replaces the police in the act of investigation. It has the potential to replace certain decision-making powers of the Executive, particularly in procedural and administrative matters and certain policy-making powers of the elected officials (for example, the policy decision to choose between an auction or a first-come-first-serve method for natural resources, under the pretext of a possible act of corruption).