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lokpal debate

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bhushanahire123
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The document discusses the ongoing debate around Lokpal, an anti-corruption ombudsman institution in India. It provides background on similar ombudsman models in other countries and discusses various proposals and bills regarding Lokpal in India, including its powers, qualifications, and selection process. Key points of contention have included the scope of officials under its jurisdiction and whether the prime minister should be included. Overall, the document outlines the history and ongoing discussion around establishing an independent anti-corruption watchdog in India.

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LOKPAL: THE ON GOING DEBATE Bhushan Vasantrao Ahire Assistent Professor N.B.T, Law College, Nasik
Meaning It is a people's representative to control administrative authorities against the people
: Origin Swedan -1809 Finland-1919 Denmark-1955 Norway-1962 New Zeeland -1962 England-1962
.Ombudsman in U.K Whytt report 1961 Two Suggestions a) General Tribunal b) Ombudsman
Parliamentary Commissioners Act, 1967 Commissioner For Investigation ?Who 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 India .C.B.I The State Vigilance Commissions and anti- .corruption departments Administrative Reforms Committee, 1966
The Lokpal Bill,2010 Lokpal to investigate Allegations Memorandum of complaint Appointment of Lokpal
Appointment Committee the Vice-President of India……..Chairman the Prime Minister………………..……………. ……...member the Speaker of the House of the People…..member The Minister in-charge of the Ministry of Home Affairs in the Government of India…….member the Minister in-charge of the Ministry of Law and in the Government of India…..memberJustice the Leader of the House other than the House in which the Prime Minister is a member of Parliament .….member the Leader of the Opposition in the House of the People………………………………………….… member
No Jurisdiction ,The 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 Lokpal Chairperson 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: or he is carrying on ay business, serve his connections with the conduct and management of such business: or he is practicing any profession, cease to practice such .profession
The Jan Lokpal Bill Qualification in negative terms if 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 ,The Prime Minister of India. 1 ,Leader of Opposition in Lok Sabha. 2 Two youngest judges of Supreme Court, (Now. 3 ’(they replacing it with ' senior most Two youngest Chief Justices of High Courts. . 4 ’((Now they replacing it with ' senior most Comptroller and Auditor General of India. 5 Chief Election Commissioner. 6 After the first set of selection process, the. 7 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 him II. 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 Lokpal According to 8 the Lokpal shall be responsible for :receiving Complaints where there are allegations of acts ( 1 of omission or commission punishable under the Prevention of Corruption Act Complaints where there are allegations of ( 2 , misconduct by a government servant Grievances( 3 Complaints from whistleblowers( 4 Complaints against the staff of Lokpal ( 5
Powers of Lokpal Close 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 Lokpal Blacklist 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 Charter Public Grievance Officer Appellate Grievance Officer Complaint 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
Thank You

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lokpal debate

  • 1. LOKPAL: THE ON GOING DEBATE Bhushan Vasantrao Ahire Assistent Professor N.B.T, Law College, Nasik
  • 2. Meaning It is a people's representative to control administrative authorities against the people
  • 3. : Origin Swedan -1809 Finland-1919 Denmark-1955 Norway-1962 New Zeeland -1962 England-1962
  • 4. .Ombudsman in U.K Whytt report 1961 Two Suggestions a) General Tribunal b) Ombudsman
  • 5. Parliamentary Commissioners Act, 1967 Commissioner For Investigation ?Who Can Make a Complaint ?What can be Complained of ?What Remedies
  • 6. 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
  • 7. ,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
  • 8. 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
  • 9. Provisions In India .I.P.C The Prevention of Corruption Act The Vigilance Commission Of India .C.B.I The State Vigilance Commissions and anti- .corruption departments Administrative Reforms Committee, 1966
  • 10. The Lokpal Bill,2010 Lokpal to investigate Allegations Memorandum of complaint Appointment of Lokpal
  • 11. Appointment Committee the Vice-President of India……..Chairman the Prime Minister………………..……………. ……...member the Speaker of the House of the People…..member The Minister in-charge of the Ministry of Home Affairs in the Government of India…….member the Minister in-charge of the Ministry of Law and in the Government of India…..memberJustice the Leader of the House other than the House in which the Prime Minister is a member of Parliament .….member the Leader of the Opposition in the House of the People………………………………………….… member
  • 12. No Jurisdiction ,The 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
  • 13. 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
  • 14. Qualifications of Lokpal Chairperson 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: or he is carrying on ay business, serve his connections with the conduct and management of such business: or he is practicing any profession, cease to practice such .profession
  • 15. The Jan Lokpal Bill Qualification in negative terms if 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
  • 16. Selection Committees ,The Prime Minister of India. 1 ,Leader of Opposition in Lok Sabha. 2 Two youngest judges of Supreme Court, (Now. 3 ’(they replacing it with ' senior most Two youngest Chief Justices of High Courts. . 4 ’((Now they replacing it with ' senior most Comptroller and Auditor General of India. 5 Chief Election Commissioner. 6 After the first set of selection process, the. 7 outgoing members and Chairperson the of Jan .Lokpal
  • 17. 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 him II. 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
  • 18. Powers of Lokpal According to 8 the Lokpal shall be responsible for :receiving Complaints where there are allegations of acts ( 1 of omission or commission punishable under the Prevention of Corruption Act Complaints where there are allegations of ( 2 , misconduct by a government servant Grievances( 3 Complaints from whistleblowers( 4 Complaints against the staff of Lokpal ( 5
  • 19. Powers of Lokpal Close 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
  • 20. Powers of Lokpal Blacklist 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
  • 21. 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
  • 22. 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
  • 23. Grievance Redressal Systems Citizens Charter Public Grievance Officer Appellate Grievance Officer Complaint to Lokpal
  • 24. Public Servants/ M.P.s & M.L.A.s to submit property statements
  • 25. Properties deemed to have been obtained through corrupt means