India is a subcontinent with a vast population comprising of diverse languages, religions, ethnic cultural and caste sub divisions with their own seperate identities and economic,social and political power groupings. The Indian Democracy with parliamentary form of government having a centralised federal power structure has been able to manage and accomodate the diverse interest groups without any major breakdown of the system.
Politicians,Bureaucrats ,Criminals - Nexus
But there are certain discomforting features. The corruption at high places, organised crime by underground mafia and terrorist groups on one side, and the helplessness and failure of Investigating and Prosecuting Machinery on the other side have compounded the problems. Failures in unearthing the crime due to the structural deficiencies and undue influence from Political Executive and Top Bureaucrats are giving rise to the impression among the general public about the failure of constitutional and parliamentary institutions. The executive is perceived to be exercising too much power at the cost of legislature and judiciary. Prosecution and Investigation agencies which are meant to enforce the rule of law are seen as being hand in glove with political bosses.
Supreme Court - Vineet Naraian Case
The Supreme Court had expressed its desideratum for improvement in the working of the system for insulating the investigating and prosecution machineries such as CBI, Directorate of Enforcement, Central Vigilance Commissioner and other Prosecuting and Investigating agencies at Centre and State levels. When the system was found wanting in independent machinery, the court had to devise its own mechanism by exercising its inherent constitutional powers. However some think that the judiciary is exceeding its limits under the constitutional scheme of distribution of powers, by issuing a continuing mandamus investing CBI, Directorate of Enforcement and CVC with possible independence from the executive machinery and placing them directly under the control of court. But this is only a stop gap arrangement and demands a suitable structural and institutional framework incorporating necessary changes. This is an effort in that direction.
Independent Investigation and Prosecution
Machinery
We feel that a proper structural and institutional change will help in paving the way for sustained development while reviving the peoples confidence in the system and effectuating the rule of law and constitutional system
of governance. We hope that our effort will
find support from all informed sections of
society that have a vision for the develop-
ment of country in the new horizon of
global village safeguarding the freedoms
and security of human person.