Internet and Mobile Association of India (IAMAI) developed a “Voluntary Code of Ethics”

Internet and Mobile Association of India (IAMAI) has also developed a “Voluntary Code of Ethics” for all the participating social media platforms to ensure free, fair & ethical usage of their platforms to maintain integrity of electoral process during the general elections to the Lok Sabha 2019 and Legislative Assemblies of four states and the bye-elections being held simultaneously. Attention of all concerned Social Media platforms is invited to the following text of “Voluntary Code of Ethics” dt 20th March, 2019:  

i.          Participants will endeavour to, where appropriate and keeping in mind  the principle of freedom of expression, deploy appropriate policies and  processes to facilitate access to information regarding electoral matters on their products and/ or services.

ii.         Participants will endeavour to voluntarily undertake information,    education and communication campaigns to build awareness including electoral laws and other related instructions. Participants will also  endeavour to impart training to the nodal officer at ECI on their    products/ services, including mechanism for sending requests as per procedure established by law.

iii.            Participants and the Election Commission of India (ECI) have developed a    notification mechanism by which the ECI can notify the relevant platforms of potential violations of Section 126 of the Representation of   the People Act, 1951 and other applicable electoral laws in accordance  with procedures established by law. These valid legal orders will be   acknowledged and/ or processed within 3 hours for violations reported  under Section 126 as per the Sinha Committee recommendations. All  other valid legal requests will be acted upon expeditiously by the   Participants, based on the nature of reported violation.

iv.        Participants are creating/opening a high priority dedicated reporting   mechanism for the ECI and appoint dedicated person(s) / teams during    the period of General Elections to interface with and to exchange feedback as may assist with taking expeditious action upon receipt of   such a lawful request, following due legal process, from the ECI.

v.         Participants will provide a mechanism for relevant political advertisers, in   accordance with their obligations under law, to submit pre-certificates   issued by ECI and/ or Media Certification & Monitoring Committee  (MCMC) of the ECI in relation to election advertisements that feature names of political parties, candidates for the 2019 General Elections.  Further, Participants shall expeditiously process/action paid political advertisements lawfully notified to Participants by the ECI that do not   feature such certification.

vi.        Participants will commit to facilitating transparency in paid political advertisements, including utilising their pre-existing labels/ disclosure   technology for such advertisements.

vii.       Participants will, pursuant to a valid request received from the ECI, via Internet and Mobile Association of India (IAMAI) provide an update on the measures taken by them to prevent abuse of their respective platforms.

viii.      IAMAI will coordinate with the Participants on the steps carried out under this Code and IAMAI as well as Participants will be in constant  communication with the ECI during the election period.

7 Sins listed by Mahatma Gandhi

seven sins listed by the Father of  the Nation,  Mahatma Gandhi-- “Wealth without Work, Pleasure without Conscience, Knowledge without Character, Commerce without Morality, Science without Humanity, Religion without Sacrifice and Politics without Principle –he said they must become the guiding principles for shaping the ethical values of individuals, society, country and the world at large.

Powers of Lokpal

The story so far: On March 19,2019  Justice Pinaki Chandra Ghosh was appointed as India’s first Lokpal. The announcement came after a delay of five years as the Lokpal and Lokayukta Act, which envisaged appointment of a Lokpal at the Centre and Lokayuktas in the States to look into cases of corruption against certain categories of public servants, was passed in 2013. Now that the Lokpal chairman and eight members have been appointed, there may arise many questions related to its functions, duties and powers. Here, we seek to answer some questions about its functioning and the procedure for dealing with complaints against public servants under the Prevention of Corruption Act.

                                                                                  Justice  Pinaki Chandra Ghosh

                                                                                                Lokpal

                                                                Judicial Members                              Non-Judicial Members

1)       Justice Dilip Bhosale                                   1) Archana Ramasundaram

2)       Pradip Kumar Mohanty                             2)Dinesh Kumar Jain

3)       Abhilasha Kumari                                        3) Mahender Singh

4)       Ajay Kumar Tripathi                                   4) Indrajeet Prasad Gautam

What happens if a charge is made against the PM?

The Lokpal cannot inquire into any corruption charge against the Prime Minister if the allegations are related to international relations, external and internal security, public order, atomic energy and space, unless a full Bench of the Lokpal, consisting of its chair and all members, considers the initiation of a probe, and at least two-thirds of the members approve it. Such a hearing should be held in camera, and if the complaint is dismissed, the records shall not be published or made available to anyone.

How can a complaint be made and what happens next?

A complaint under the Lokpal Act should be in the prescribed form and must pertain to an offence under the Prevention of Corruption Act against a public servant. There is no restriction on who can make such a complaint. When a complaint is received, the Lokpal may order a preliminary inquiry by its Inquiry Wing, or refer it for investigation by any agency, including the CBI, if there is a prima facie case. Before the ordering of an investigation by the agency, the Lokpal shall call for an explanation from the public servant to determine whether a prima facie case exists. This provision, the Act says, will not interfere with any search and seizure that may be undertaken by the investigating agency. The Lokpal, with respect to Central government servants, may refer the complaints to the Central Vigilance Commission (CVC). The CVC will send a report to the Lokpal regarding officials falling under Groups A and B; and proceed as per the CVC Act against those in Groups C and D.

What is the procedure for preliminary inquiry?

The Inquiry Wing or any other agency will have to complete its preliminary inquiry and submit a report to the Lokpal within 60 days. It has to seek comments from both the public servant and “the competent authority,” before submitting its report. There will be a ‘competent authority’ for each category of public servant. For instance, for the Prime Minister, it is the Lok Sabha, and for other Ministers, it will be the Prime Minister. And for department officials, it will be the Minister concerned.

A Lokpal Bench consisting of no less than three members shall consider the preliminary inquiry report, and after giving an opportunity to the public servant, decide whether it should proceed with the investigation. It can order a full investigation, or initiate departmental proceedings or close the proceedings. It may also proceed against the complainant if the allegation is false. The preliminary inquiry should normally be completed within 90 days of receipt of the complaint.

What happens after the investigation?

The agency ordered to conduct the probe has to file its investigation report in the court of appropriate jurisdiction, and a copy before the Lokpal. A Bench of at least three members will consider the report and may grant sanction to the Prosecution Wing to proceed against the public servant based on the agency’s chargesheet. It may also ask the competent authority to take departmental action or direct the closure of the report. Previously, the authority vested with the power to appoint or dismiss a public servant was the one to grant sanction under Section 197 of the Code of Criminal Procedure and Section 19 of the Prevention of Corruption Act. Now this power will be exercised by the Lokpal, a judicial body. In any case, the Lokpal will have to seek the comments of the ‘competent authority’ as well as the public servant’s comments before granting such sanction.

Who are the functionaries of the Lokpal?

The Lokpal will have a Secretary, who will be appointed by the Lokpal Chairperson from a panel of names prepared by the Central government. The Secretary will be of the rank of Secretary to the Government of India. The Lokpal will have to appoint an Inquiry Wing, headed by a Director of Inquiry, and a Prosecution Wing, headed by a Director of Prosecution. Until these officers are appointed, the government will have to make available officers and staff from its Ministries and Departments to conduct preliminary inquiries and pursue prosecution. The institution will also have to appoint other officers and staff.

Is there any norm for disclosure of assets?

Yes. Public servants will have to declare their assets and liabilities in a prescribed form. If any assets found in their possession is not declared, or if misleading information about these are furnished, it may lead to an inference that assets were acquired by corrupt means. For public servants under the State governments, the States have to set up Lok Ayuktas to deal with charges against their own officials.

Accountability (wilful delay )

A Core Group on Administrative Reforms (CGAR) has been constituted under the chairmanship of Cabinet Secretary in February, 2003 to formulate specific changes in the systems and procedures in consultation with the ministries/departmentsconcerned andto advise strategies for changing attitudes.

The CoreGroup has decided that the existing provisionsabout accountability mechanism should be reiterated with a view to bring to everyone's notice that these provisions are adequate for initiating disciplinary proceedings when an officer adopts a dilatory attitude leading to delay in decision-making and/orharassment of the public.

2. In view of the above, the followingprovisions of CCS (Conduct) Rules, 1964 are brought to the noticeof all MinistrieslDepartmentsfor information and necessary action :-

(i) maintainabsolute integrity;
(ii) maintaindevotion to duty; and
(iii) do nothingwhich is unbecoming of a Government servant.

(2) (i) Every Government servant holding a supervisory post shall take all possible steps to ensure the integrity -and devotion to duty of all Government servants for the time being under his control and authority;
(ii) No Government servant shall, in the performance of his official duties, or in the exercise of powers conferred on him, act otherwise than in his best judgement except when he is acting under the direction of his official superior; •

Explanation I :- A Government servant who habitually fails to perform the task assigned to him within the time set for the purpose and with the quality of performance expected of him shall be deemed to be lacking in devotion to duty within the meaning of clause (ii) of sub-rule (1).



Explanation 11:- Nothing in clause (iij of sub-rule (2) shall be construed as empowering a Government servant to evade his responsibilities by seeking instructions from, or approval of, a superior officer or authority when such instructions are -not necessary under the scheme of distribution of powers and responsibilities. (b) in his official dealings with the public or otherwise adopt dilatory tactics or wilfully cause delays in disposal of the workassigned to him.

 J 3. Rule 11 0f the CCS (CCA) Rules, 1965 provides that the penalties (ranging from 'censure' to 'dismissal') mentioned therein may be imposed on a Government servant 'for good ~nd sufficient reasons'. Thus any Government servants violating the provisions of Conduct Rules can be proceeded against as it will form 'good and sufficient reasons' for imposing the penalties prescribed in Rule 11.

In other words, disciplinary proceedings could be initiated if an officer adopts a dilatory attitude, leading to delay in decisions makingand/or harassment of the public.

4. MinistrieslDepartments are also requested to bring the above cited provisions of the Conduct Rules and CCA Rules to the notice of all the officers and officials in the Ministry/Department (proper) and in the organizations/offices under their administrative control to clarify that if they are found responsible for willful delay in disposal of the various types of cases dealt with by them, finally leading to delay in decisions making,they shall be liable for disciplinary action in terms of the relevantprovisions referred to in para2 and 3 of this OM.

permission by Government servants to hold elective offices in Cooperative Societies and other bodies

As a number of references are being received in this Department regarding the need for obtaining permission by Government servants to hold elective offices in Cooperative Societies and other bodies, the necessity to reiterate the relevant provisions of the CCS(Conduct) Rules, 1964 has been felt.

 Rule 15(1) (c) of the CCS (Conduct) Rules, 1964 provides that no Government servant shall, except with the previous sanction of the Government hold an elective office, or canvass for a candidate or candidates for an elective office, in any body, whether incorporated or not. Under Rule 15 (2)(d), a Government servant may, without the previous sanction of the Government, take part in the registration, promotion or management (not involving the holding of an elective office) of a literary, scientific or charitable society or of a club or similar organization, the aims or objects of which relate to promotion of sports, cultural or recreational activities, registered under the Societies Registration Act, 1860 (21 of 1860), or any other law for the time being in force.

Rule 15 (2)(e) provides that no previous permission is required for taking part in the registration, promotion or management (not involving the holding of elective office) of a co-operative society substantially for the benefit of Government servants, registered under the Cooperative Societies Act, 1912 (2 of 1912), or any other law for the time being in force. 2. It needs to be stressed that the entire time of the Government servant should be available to the Government and that no activities unconnected with his or her official duties should be allowed to interfere with the efficient discharge of such duties.

All Ministries are requested to ensure that the participation of Government servants in the activities of cooperative societies conform to the above provisions and does not interfere with the discharge of their official duties.