Article 311 saves corrupt officials: Moily

Posted By: Staff
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New Delhi, Sep 13: Law Minister Veerappa Moily said that the Constitution limits action against corrupt civil servants and he would soon discuss the need to 'revisit' the article granting protection to government employees with the Prime Minister.

"There is no gainsaying that the provisions of Article 311 have come in the way of bringing the corrupt civil servants to book. Article 311 would require a revisit...this needs to be done," said Moily.

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"I am pursuing the matter with the Prime Minister and the government."

He also referred to the Sanathanam Committee which, stated that court interpretation of Article 311 of the Constitution made it difficult to deal effectively with corrupt civil servants.

"Even after Article 311 was amended, the panoply of safeguards and procedures still available is interpreted in such a manner as to make the proceedings protracted, and therefore, effete in the ultimate analysis," Moily said.

Moily, who was addressing a seminar on fighting crimes related to corruption, suggested repealing Article 311 and 310.

He further wanted that a new legislation be passed under Article 309 to provide for terms and conditions of service of public servants, including protection against arbitrary action.

He also said various government wings blame democratic institutions for their lapses.

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