TOPIC: THE LOKPAL AND LOKAYUKTAS ACT, 2013

Name: Jatin SherawatRoll no.: 19

CONTENTS Introduction

Historical background

Need of Lokpal

Applicability in India

Salient features of Lokpal

Lokpal and Jan-Lokpal

Critical Issues

Achievements/failure/criticism/suggestion

Conclusion

INTRODUCTION

“corruption and hypocrisy ought not to be inevitable products of democracy”

‘Mahatma Gandhi’

Ombudsman: A watchdog on Government, investigating and resolving

citizen’s complaints

Lokpal: an Indian version of ombudsman office . The word ‘lokpal’ has

derived from the sanskrit word ‘loka’ (people) and ‘pala’

(protector/caretaker). So the word ‘lokpal’ means ‘protector of people’.

HISTORICAL BACKGROUND The institution of ombudsman originated in Scandinavian countries. The institution of ‘Ombudsman’ first

came into being in Sweden in 1713 when a ‘Chancellor of Justice’ was appointed by the King to act as

invigilator to look into the functioning of war-time government.

Amongst other countries, New Zealand was the first country outside Scandinavian to institute an Ombudsman

in 1962. It has been adopted in a number of countries, such as Finland, 1919; Denmark, 1954; there are

Ombudsman offices in over 80 countries at the national provincial and local level.

20th Century- In India, the Ombudsman is known as the Lokpal or Lokayukta. The concept of a constitutional

ombudsman was first proposed by the Law Minister Ashoke Kumar Sen in parliament in the early 1960s. The

term ‘Lokpal’ and ‘Lokayukta’ were coined by Dr. L. M. Singhvi as the Indian model of Ombudsman for

redressal of public grievances. It was passed in lok-sabha in 1968 but it was lapsed with the dissolution of

Lok-sabha. And since then many times it was passed in Lok-sabha but lapsed.

CORRUPTION

Everyone censures corruption at a societal

stage but that does not mean that anyone

has escaped from the flu of corruption

A 2005 study conducted by Transparency

International in India found that more than

62% of Indian had first-hand experience of

paying bribes or influence peddling to get

jobs done in public offices successfully

Prevention of Corruption Act, 1988

21th Century- Revolution

It was the time when people across the country were fed up and furious with reading news about ‘corruption and Rape’ this led to the mass movement in India Particularly in Delhi headed by the social activist ‘Anna Hazare’.

Anna Hazare

He is social activist which led the mass movement called India against corruption and did his fast till death if government do not agree to pass Lokpal Bill.

India Against Corruption

The movement at Jantar Mantar in Delhi opened the eyes of the people sleeping or who said that what a common man can do.

NEED FOR LOKPAL

“Whereas”

the Constitution of India established a democratic republic to ensure justice to all.

Various institution of governance as well as democratic institution have worked to safeguard

participatory democracy.

And whereas graft and corruption have become a serious disease to the society and governance.

And whereas India is signatory to the United Nation Convention against corruption

After independence, increasing magnitude of developmental and welfare responsibilities of the

government has boosted the proliferation of the administrative machinery. Consequently, over the years

numerous cases of corruption, maladministration and misuse of authority and resources have started

coming to light

APPLICABILITY IN INDIA

Constitutional validity of Lokpal- No provision in the constitution of India.

But Art- 253 says that parliament is empowered to enact laws on matters enforced in

international treaties and UN convention.

On United Human rights Convention we enacted laws to establish National Human

Law Commission.

Similarly, in 2003 UN on fighting corruption empowers parliament to make laws to

prevent corruption.

SALIENT FEATURES OF LOKPAL BILL 2011

The Lokpal Bill provides for constitution of the Lokpal as an independent body to

enquire into cases of corruption against public functionaries, with a mechanism for

filing complaints and conducting inquiries etc. Followings are some important

features of Lokpal-

Lokpal at the Centre and Lokayuktas at the levels of the states

Lokpal will consist of a Chairperson and maximum of eight members, of which 50

percent shall judicial members and from SC/ST/OBCs, Minorities and Women.

The selection of Chairperson and members of Lokpal shall be through a selection

committee consisting of Prime Minister , Speaker of Lok Sabha, Leader of

Opposition in the Lok Sabha, Chief Justice of India or a sitting Supreme Court judge

nominated by CJI, eminent jurist to be nominated by the President of India on the

basis of recommendations of the first four members of the selection committee.

Lokpal’s jurisdiction will cover all categories of public servants.

All entities receiving donations from foreign source in the context of the Foreign

Contribution Regulation Act (FCRA) in excess of Rs 10 lakh per year are brought

under the jurisdiction of Lokpal. Etc.

COMPARATIVE STUDY

The movement compelled the then ruling

Government to pass Lokpal. However the bill

introduced by the government was weak

according to Anna Hazare. Which again led to

the agitation among the people. There was a

huge difference between Government’s Lokpal

and Jan-Lokpal.

UNDERSTANDING THE DRAFTS OF GOVERNMENT AND CIVIL SOCIETY:

CRITICAL ISSUESGovernment’s Lokpal

Prime Minister- PM kept out of Lokpal’s

purview

Judiciary- Judiciary is also kept out of Lokpal

Jan-Lokpal

Lokpal should have power to investigate

allegations of corruption against PM.

Special safeguards provided against frivolous

&mischievous complaints

Lokpal should have power to investigate

allegations of corruption against Judiciary.

Special safeguards provided against frivolous

&mischievous complaints

CONT..Government’s Lokpal

MPs- Government has excluded this from

Lokpal’s purview.

Central Bureau Investigation- Government

wants to retain its hold on CBI.

With 5 out of 10 members from ruling

establishment, 6 politicians in selection

committee, ensured that only pliable& weak

people be selected

Search committee to be selected by selection

committee

No selection process provided

Jan-Lokpal

Lokpal should be able to investigate allegations that

any MP had taken bribe to vote or speak in Parliament

Anti-corruption branch of CBI should be merged into

Lokpal.

Broad based selection committee with 2 politicians, 4

judges and2independent constitutional authorities.

An independent search committee consisting of retired

constitutional authorities to prepare first list.

A detailed transparent selection process with PUBLIC

PARTICIPATION

CONT..Government’s LokpalAccountability- Accountable to the Government. Only

government can seek removal of Lokpal.

Method of Enquiry-Cr PC being amended -Special

protection to the accused

After preliminary enquiry, all evidence provided to the

accused & hearing for why an FIR should not be regd.

against him.

After completion of investigations, again all evidence

provided &hearing for why a case should not be filed against

him in the court.

During investigations, if investigations are to be started

against any new persons, they would also be presented with

all evidence against them and heard.

Jan-LokpalAccountable to the PEOPLE-Any Citizen can make a

complaint to Supreme Court and seek removal.

Judicial review over the actions of the Lokpal by the High

Courts under Article 226 and the Supreme Court under

Article 32 and 136

Method would be the same as provided in Cr PC like in any

other criminal case.

After preliminary enquiry, an FIR will be registered.

After investigations, case will be presented before a court,

where the trial will take place.

ACHIEVEMENTS/FAILURE/CRITICISM Achievements-

Yes the achievement is that the Lokpal and lokayuktas Act, 2013 has been passed.

Failure- Act passed-but not workingSupreme Court many times criticized the govt.Still people are waiting for 15 lacs.Still waiting for ‘Ache Din’

Criticism- criticism on Government is that they can not tolerate criticismAseem Trivedi one of the cartoonists was arrested when he posted certain cartoons on social website expressing his views on corruption.

CONCLUSION From the above stated discussions we may conclude that we all know that the biggest

disease of all is not disease but corruption. It does not mean that we are not corrupt. It

is a broad term and include many things. For example when parents say to a child to

hide his/her age when TT comes to check ticket.

I believe that CBI should be independent otherwise we will hear of getting 15 lacks but

will get nothing.

“Every revolution evaporates and only leaves behind the slime of a new bureaucracy”

Franz Kafka (1883-1924)

Thank

You