LOKPAL: THE ON GOING DEBATE

Bhushan Vasantrao AhireAssistent Professor N.B.T, Law College, Nasik

Meaning

It is a people's representative to control administrative authorities

against the people

Origin :

Swedan -1809Finland-1919

Denmark-1955Norway-1962

New Zeeland -1962England-1962

Ombudsman in U.K.

Whytt report 1961Two Suggestions

a) General Tribunalb) Ombudsman

Parliamentary Commissioners Act,

1967

Commissioner For InvestigationWho Can Make a Complaint?What can be Complained of?

What Remedies?

Maladministration•

•Rudeness•Unwillingness to treat the complainant as person

with rights,

•Refusal to answer reasonable questions,

•Neglecting to inform the complainant on request of his rights or entitlement,

•Knowingly giving misleading or inadequate advise,

•Ignoring valid advise or overruling considerations which will produce an uncomfortable results,

Offering no redress,

Showing Bias,

Omission to notify those who thereby lose a right of appeal,

Refusal to inform adequately of the right of appeal,

Faulty procedure,

Failure by management to monitor compliance with adequate procedure,

Cavalier disregard of guidance which is intended to follow in the interest of equitable treatment of those who use a service,

Partiality,

Failure to mitigate the effects of rigid adherence to the letters of the law where that

produces manifestly inequitable treatment…

Provisions In India

I.P.C.The Prevention of Corruption Act

The Vigilance Commission Of IndiaC.B.I.

The State Vigilance Commissions and anti-corruption departments.

Administrative Reforms Committee, 1966

The Lokpal Bill,2010

Lokpal to investigate AllegationsMemorandum of complaint

Appointment of Lokpal

Appointment Committeethe Vice-President of India……..Chairmanthe Prime Minister………………..…………….……...memberthe Speaker of the House of the People…..memberThe Minister in-charge of the Ministry of Home Affairs in the Government of India…….memberthe Minister in-charge of the Ministry of Law and

Justicein the Government of India…..memberthe Leader of the House other than the House in which the Prime Minister is a member of Parliament .….memberthe Leader of the Opposition in the House of the People………………………………………….…memberthe leader of the Opposition in the Council of States…………………………….……….…...member

No JurisdictionThe President,the Vice-President,the Speaker of the House of People,the Deputy Speaker of the House of People,the Deputy Chairman of House of the States:the Chief Justice or any other Judge of the High Court or of the Supreme Court:the Comptroller and Auditor-General of India,and other members of National Commission for Schedule Castes and Schedule Tribes, the Chief Election Commissioner, other Election Commissioners, the Chairman and other Members of the Union Public Service Commission or any other authority appointed under the Constitution of India.

upon its own knowledge or information.

Remedy

by report in writing shall communicate to the public functionary and the Competent Authority .

Competent Authority shall cause the report to be laid down on the flower of the House of Parliament

Qualifications of LokpalChairperson shall not be a member of Parliament and shall not hold any office of trust or profit or be connected with any political party or carry on any business or practice any profession and accordingly, before he enters upon his office-,

a person appointed as the Chairperson or a Member as the case may be, shall, if-

he is a member of Parliament or of the Legislature of any State or Union Territory, resign such membership,he holds any office of trust of profit, he shall resign from such office,he is connected with any political party, serve his connection with it: orhe is carrying on ay business, serve his connections with the conduct and management of such business: orhe is practicing any profession, cease to practice such profession.

The Jan Lokpal Bill

Qualification in negative termsif he holds any office of trust or profit, resign from such office; or if he is carrying on any business, sever his connection with the conduct and management of such business; or If he is practicing any profession, suspend practice of such profession.If he is associated directly or indirectly with any other activity, which is likely cause conflict of interest in the performance of his duties in Lokpal, he should suspend his association with that activity.

Selection Committees 1 .The Prime Minister of India,

2 .Leader of Opposition in Lok Sabha,3 .Two youngest judges of Supreme Court,

(Now they replacing it with ' senior most’)4 .Two youngest Chief Justices of High

Courts. (Now they replacing it with ' senior most’)

5 .Comptroller and Auditor General of India6 .Chief Election Commissioner

7 .After the first set of selection process, the outgoing members and Chairperson the of Jan Lokpal.

Search Committee The selection committee shall select five members of search committee from the former Comptroller and Auditor Generals of India and Chief Election Commissioners of India.Provided that the following persons shall not be eligible for becoming members of search committee:I. Any person who has had any substantive allegation of corruption against himII. Any person who has either joined any political party after retirement or has had strong affiliations to any political party III. Any person who is still in the service of the government in any capacity IV. Any person who took up a government assignment after retirement barring those assignments which are reserved for the post from which he has retired .

The five members selected above shall nominate five members from civil society

Powers of LokpalAccording to 8 the Lokpal shall be responsible for receiving:

1 )Complaints where there are allegations of acts of omission or commission punishable under the Prevention of Corruption Act

2 )Complaints where there are allegations of misconduct by a government servant ,

3 )Grievances4 )Complaints from whistleblowers

5 )Complaints against the staff of Lokpal

Powers of LokpalClose the case, if prima facie, the complaint is not made out, or

Initiate prosecution against public servants as well as those private entities, which are parties to the act

Recommend imposition of appropriate penalties under the relevant Conduct Rules

Provided that if a government servant is finally convicted under the Prevention of Corruption Act, the penalty of dismissal shall be recommended on such government servant.

Order cancellation or modification of a license or lease or permission or contract or agreement, which was the subject matter of investigation.

Powers of LokpalBlacklist the concerned firm or company or contractor or any other entity involved in that act of corruption .

Issue appropriate directions to appropriate authorities for redressal of grievance as per provisions of this Act .

Invoke its powers under this Act if its orders are not duly complied with and ensure due compliance of its orders.

Take necessary action to provide protection to a whistleblower as per various provisions of this Act.

Powers of Lokpal

Orders made by Lokpal under sub-section (2) (c) of this section shall be binding on the government and the government shall implement it within a week of receipt of that order

Matters not subject to investigation

The Lokpal shall not conduct any investigation under this Act in case of a grievance in respect of any action -

if the complainant has or had, any remedy by way of appeal, revision, review or any other recourse before any authority provided in any other law and he has not availed of the same.

Grievance Redressal Systems

Citizens CharterPublic Grievance OfficerAppellate Grievance OfficerComplaint to Lokpal

Public Servants/ M.P.s & M.L.A.s to submit property statements

Properties deemed to have been obtained through corrupt means

Comparison

Comparison

Comparison

Comparison

Comparison

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