New Delhi, July 6 :
New Delhi, July 6:
As the first step towards achieving probity in governance, the Constitution review commission has suggested eradication of benami transactions while at the same time recommending legalisation in certain cases.
The National Commission to Review the Working of the Constitution today released three more sets of papers on 'probity in governance', 'constitutional mechanism for the settlement of inter-state disputes' and 'fundamental duties of citizens'.
The commission said Scandinavian sociologist-economist Gunnar Myrdal had described the Indian society as a 'soft society'. According to him, a soft society is one which does not have the political will to enact the laws necessary for its progress and development and/or does not possess the political will to implement the laws even when made. Such a society also does not have any discipline. Hence, corruption assumes alarming proportions.
Releasing the papers and inviting suggestions after public debate, commission chairman Justice M.N. Venkatachalaiah wanted to know from the public 'whether corruption-free governance should be made a fundamental right or a directive principle of state policy by suitably amending the Constitution'.
'So far as the Prime Minister was concerned, any inquiry or investigation by the Lok Pal should be undertaken only after obtaining the sanction of the President. But the paper emphasises the
need to undertake certain legislative measures in the nation's fight against corruption and for ensuring probity in governance,' Justice Venkatachalaiah said.
Talking to reporters along with Justice Venkatachalaiah, Justice B.P. Jeevan Reddy said the Benami Transactions (Prohibition) Act was enacted 13 years ago, but due to government inaction its provisions 'remain dead letters' till date.
Justice Reddy sought a law for confiscation of illegally acquired assets of public servants and enactment of a Freedom of Information Act. He said under the current legal provisions, the confiscation of the property clause was 'weak'.
Later, Justice Venkatachalaiah said there was a 'concept contemplated' by the commission so
that former Prime Ministers
and Presidents could come to the commission and express their views based on their experience as holders of high constitutional offices.
So, he did not see any 'controversy' over P.V. Narasimha Rao attending a meeting of the commission. 'Inder Kumar Gujral (another former Prime Minister) was slated to come but could not make it. He will be with the commission any day now.
Other former Prime Ministers are also slated to come to the commission. In the case of former Presidents, it has not yet been ascertained what the protocol will be: whether the commission should call on them or they should be invited,' he said.
'Not only Prime Ministers and Presidents, former Speakers of the Lok Sabha, chairmen of the Rajya Sabha and all other constitutional office-holders will be invited,' he said.