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jan lokpal bill

Activity:  22 comments  292 views  last activity : 11 10 2011 10:44:20 +0000
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Like it or hate it, here I toss it up for your quick appraisal and comments... Rajeev

Some Significant Features of Jan Lokpal Bill, 2011

 

 

Definition of Whistleblower

 

·        The way ‘Whistleblower’ is defined would encourage frivolous complaints by subordinate staff who is disgruntled. [Clause 2(m)]

 

“Whistleblower” means any person, who provides information about corruption in a public authority or is a witness or victim in that case or who faces the threat of

1.       (i)  professional harm, including but not limited to illegitimate transfer, denial of promotion, denial of appropriate perquisites, departmental proceedings, discrimination

 

 

Definition of ‘Civil Society’

 

·        The Search Committee would comprise of five members of Civil Society, but the Bill does not define Civil Society

 

Composition of Selection Committee

 

·        There are only two public representatives in the Selection Committee.

·        There is no representation from Rajya Sabha

·        What is the rationale of having CAG and CEC in the selection committee?

·        If CAG has been included, then why not Attorney General and other such constitutional offices?

·        Inclusion of all previous Chairpersons of Lokpal would mean that Chairperson, Lokpal would have a perpetual role in selection of future Chairpersons. Is there any other example of similar provisions in appointments to Constitutional posts?

 

Composition of Search Committee

 

·        Five members of the Search Committee would be nominated by the Selection Committee

·        These five persons will co-opt any 5 members of their choice from Civil Society.

·        Isn’t it an extraordinary and bizarre provision that one half of committee will handpick another half. Why? 

·        This provision is vague, as civil society has not been defined.

·        Why is the eligibility for being nominated as Search Committee member limited to Judges, CAGs and CECs? 

 

Criteria for Empanelment by Search Committee

·        Search Committee will invite nominations from the persons whom they deem fit. Why?

·        What is the meaning of clause ‘from such class of people, as they deem fit’? How is this ‘class’ defined?

·        Does such an ambiguous terminology not violate the Fundamental Right to Equality enshrined in the Constitution?

·        An important qualifying criterion is record of public service particularly in the field of fighting corruption shall be eligible for being considered for nomination. Why?

 

Powers

 

·        The Jan Lokpal will have powers to/ of 

·                 superintendence on investigation

·                 impose punishment

·                 Director of Enforcement

·                 Civil Court

·                 Intercept phone calls, data transmission

·                 Issue search warrants

·                 Transfer government servants

·        How can investigation, executive and judicial powers be vested in same authority?

·        Jan Lokpal will supervise and give directions to investigating authorities. This amounts to influencing the investigation. How will then the investigation be fair and unprejudiced?

·        The Jan Lokpal can order transfer of government servant if government servant is likely to destroy or tamper with the evidence or influence the witnesses or is likely to continue with corruption.  Read with the definition of ‘Whistleblower’, will not render impact administration?

 

Investigation and Prosecution against High Functionaries

 

·        It would require the consent of just 7 members of Jan Lokpal to initiate investigation against the Prime Minister or Chief Justice of India, Judges of SC/ HC, Ministers and MPs

·        Moreover, it such 7 members could also decide to permit prosecution of the Prime Minister or Chief Justice of India.

·        The investigation against the PM or CJI can also include interception of their phone calls, data communication and transfer of government officers of PMO and Supreme Court/ High Courts. There is no safeguard in the Jan Lokpal Bill against such possibilities.

·        Not to forget that these members would be selected by completely arbitrary selection process involving major role of undefined ‘civil society’.

Investigation of Others

 

·        Jan Lokpal covers all government servants, all elected representatives, entire judiciary.

·        How many lakh persons would be required to investigate and prosecute all above, with a Preliminary Examination to be completed within 30 days, as stipulated in the Bill?

 

Appeals against the orders of Lokpal

 

·        Appeal against any order by Lokpal or any officer of the Lokpal can be made at the level of High Court

·        How many persons of lower bureaucracy would have the capacity to approach High Court for relief.

·        The Bill states that ordinarily, High Courts shall not stay the order.  Can an act stipulate such a condition on Courts?

·        Bill also states that if HC does stay the order, it will have to decide the case within two months, else the stay would be deemed to have been vacated after two months and no further stay in that case could be granted. Given the pendency in the courts, will it not mean that aggrieved persons can be deprived of justice in courts in name of such time cap?

 

Power to intercept Phone calls, data transmission

 

·        The Bill proposes that Lokpal would have unbridled powers to intercept phone, emails, internet communication of any one under investigation, with requiring any permission from Home Ministry, Courts or any other third party authorities.

·        What is the safeguard against misuse of these powers?

·        The Bill does not rule out it such powers cannot be used againsts PM, Judges or MPs.

 

Protection to Government Servants

 

·        Government servants enjoy protection under Article 311 of the Constitution.

·        This version of Jan Lokpal Bill is against the Article 311. Would a constitutional amendment be required and would it change the basic character of the Constitution?

 

Private Sector and NGOs

 

·        Jan Lokpal is based on UN Charter Against Corruption, which is quoted as extended Preamble of the Jan Lokpal Bill.

·        Almost all articles of UNCAC is covered by the Bill, except the following articles:

a.      Article 12 dealing with Private Sector

b.     Article 13 dealing with NGOs

·        Why is Jan Lokpal Bill silent on these issues?

 --------

 Top Comment : MS_Pi    | 08 30 2011 08:52:37 +0000
I understand that Mr. Seshan, former Chief Election Commissioner has prepared a "Draft Bill" and handed over the same to Sri Sri Ravi Shankerji. He also suggested a constitutional amendment for adopting the bill. Why the so called 'Civil Society' is avoiding his draft? I dont think anybody else can draft a better bill than Mr.Seshan.
 
22 comments on "Some Significant Features of Jan Lokpal Bill, 2011"
  Commented by  Rajeev Sharma, Strategic Analyst, Columnist, Publishing    | 11 10 2011 10:44:20 +0000
Rating : +1 
MS-Pi sir, thanks for making an appearance here on my request. As for your suggestion that I should dwell on the constitutional amendment aspect of the issue, I will try to do this and post it here as soon as I am done with it.
  Commented by  MS_Pi, Top Management, Confidential    | 11 10 2011 08:03:47 +0000
Glad to note that my case is taken up by others. All the people participating in the discussion (including the most respected Shri Rajeevji)must dwell on the matter of 'constitutonal amendment' suggested by former CEC Shri Seshan. Why are we arguing/discussing leaving the most vital part of the Lok Pal Bill? Is it not required. Do we need a Lokpal without powers ??
Rating : +1 
Rajiv Azad Ji, I would like to hear your views on 'Constitutional Amendment' Is it required as Shri Seshan (former CEC) pointed out? If so, what are the steps taken? If it is not required, why nobody speaks about it? I remind you that I am also a part and parcel of the Jai Bharat and love India as much as you love. I too hate corruption much more than you do !!
Rating : 0 
With all due respect to all those who came forward with shocking criticism of Team Anna, let me put forth my view. Those who vehemently oppose Team Anna are sheer cynics, anti socialist and pro government, who always look for opportunities to flak wonderful work. These cynics in the guise of elite class are actually sycophant of corrupt, rogue, mute government. Their filthy, mundane, baseless, unjustified and unsubstantiated criticism of Team Anna smacks of deep conspiracy. For plum post, designation they are licking rogue government's feet fraught with puss. 

This wonderful nation has been plagued with corruption since decades. Sporadically some people have been combating it, however, it was team Anna which brought this issue to the centre stage and caught the imagination of common man, most importantly youths of the country. 


Shame, shame, shame, shame on all these cynics and self made intellectuals.......Where were these intellectuals akin to garbage when Raja, Kalmadi, Kanimozhi, some corporates, bureaucrats, officers were plundering public coffers? I know where they were-they were enjoying government hospitality, luxury, perks and engaged in baking their dirty dreams.           

Jai Hind, Jai Bharat...

From 
Passionate Indian
Rajiv Azad                                                  
I saw the live interview given by former CEC, Shri Seshan. He categorically stated that "without a constitutional amendement" the proposed controversila bill be tooth less. 
  Commented by  Shameena W., Admin Manager, Wizcraft Inc.    | 11 09 2011 08:55:19 +0000
Very rightly said sir, "Educated the educated". The uneducated can look after themselves better that the rabble-rousers of upper middle class
  Commented by  Vinoy Scaria James, Consultant, Travel Hub    | 11 07 2011 06:08:12 +0000
Rating : +1 
Really being watching from the sidelines without commenting. There seems to a common understanding in the discussion that as Shameena says  - this is a Tamasha performance. And yes her point that the well fed and clothed are the bulk of the T-Anna part of the drama. I must add that even in this group it is the impressionable youth who form the majority segment. Murthy Sir too has a very valid point when he tries to explain the negativity in this silly movement. Using the analogy of cricket which we all understand he has explained it. It is just sheer “easy chair criticism”. No responsibility to cast your even once in 5 years, but all the time to keep finding faults with the government in power. Surely now that is a blissful feeling. Do not move a muscle but make stories and pass it on especially when it is negative. Sadly it is totally irresponsible and is mainly centered around the upper-middle class which has benefited the most from the last decade of governance. Really this is the depressing point. 
When a flw-less draft bill prepared by former Chief Election Commissioner is not considered by the Government, how can we trust the Govt.? He was speaking about a constitutional amendment, why not UPA or Anna Team raising that issue? Whose efforts are to be appreciated - Govt's or Anna Team's?
  Commented by  Ravindra Sharma, Managing Consultant, CHEF-India    | 11 03 2011 05:05:32 +0000
Dear Friends in Discussion,

There may be some flaws in Jan Lokpal Bill yet the crucial question is: Should we appreciate the effort and suggest bettering or simply do nothing or criticise for the sake of?    Ask yourself.
 
Rating : +2 
Shameena Ji, Most of the ‘relatively well-fed and clothed people’ you are mentioning about do not go to the polling booth to cast their vote. It is called “easy chair criticism” (Like people, while sipping coffee at home in the evening, explain to their wives on how Tendulkar or Dhoni should bat to win the match). The really unfortunate are the real judges who are aware of the whole drama. Since they are unfortunate (?) they can be bought a day before the polling day. No need to get perplexed. If you can make the relatively well fed and clothed people go to the polling booth, the desired results can be achieved. The slogan is “EDUCATE THE EDUCATED” 
  Commented by  Shameena W., Admin Manager, Wizcraft Inc.    | 11 02 2011 12:52:11 +0000
Rating : +1 
Dear Prithviraj, please do not raise me to the platform of these eminent persons. I do not belong there. Yes! I admire them. But I do have a personality and thinking of my own. I hold it dear and will not surrender it to anybody. Frankly, I do not really understand this negativism in certain minor sections of the society.  Especially when it being relatively well-fed and clothed. The really unfortunate are going on with their lives and showing much higher the maturity than the more educated sections. This paradox befuddles me? Really, I am perplexed by it. Can anyone explain it to me.
  Commented by  PRITHVI RAJ DUBEY, Managing Director, RAJ ENGINEERING INDUSTRIES PVT LTD    | 09 17 2011 08:14:04 +0000
Arent you you Shameena trying to gain importance and trying to join the club of Xtra Wise like Arundhati,Aruna Roy etc and gain attention of Congress for personal benefits by opposing a widely spread movement which was sparked by inexcusable extremities of ruling party Ministers, with PM keeping his eyes and mouth shut and Ruling alliance chief trying to use her powers and pressure to save the party and alliance members directly involved in Looting the nation and betraying the Public. You did not see the importance but Apex court was fully aware and trying to save the interest of the country within the frame work of constitution but citizens of India felt that provisions of law were insufficient for reining the High profile leaders of criminal nature, so the movement, lead by most selfless leader Anna Hazare and his team.   
  Commented by  Rathin Deb, Freelance Retail Consultant    | 09 01 2011 07:56:55 +0000
Rating : +1 
I am of the opinion that people are taking advantage of Democracy. Being democracy there are a lot of pit falls which our seasoned politicians knows hence there I feel there should be legislation to to close all such pit falls in our system. Thanks Vinoy for referral.
  Commented by  puneet kaushik, Operations Manager,Financial Analysis,hedging, NBFC    | 09 01 2011 04:11:01 +0000
ya, shameena u might be right, but every body is trying making its presence in politics, sme as ths movemnt.
  Commented by  Abhay Sanghavi, Viram Consultancy    | 09 01 2011 03:05:11 +0000
Dear Shameena W.thanks for refer
  Commented by  Vinoy Scaria James, Travel Consultant, Guiders Mission    | 08 31 2011 05:56:01 +0000
Rating : +1 
Dear Srinivas, It is a dream world that you are proposing. If the nation goes through such trauma to appoint a lok-ayuktha for a state like Gujrat. And that too after 7 years of the post lying vacant. Imagine if it is practical that you will appoint a Lok pal at national level cosisting of all prominent members, MPs of all major parties and other categorieries.

It would be too un-wieldy and would not have even one decent sitting (presuming all come to a meeting point as regards the composition of the team). Team Anna sold a fairy tale to the minors & youth near Ram Lilla grounds. Please let us at this decisive period of our polity not slumber in this dream of never-land.

Get the irresposible MPs to have have decent sittings in the House. I think we got to start there and not waste tax payers money on another parallel body that further complicates the structure.
  Commented by  S. Muralidharan, Head, Project Planning/Strategy, Knowledge Foundation    | 08 30 2011 11:48:43 +0000
Rating : +1 
Rajeev ji, I wrote earlier that some of the provisions are overlooking constitutional immunity provided to the government servants under Article 311, 310 and 309. Any act to cover them would require amendements in constitution.  The very selection process looks so vague and many of their suggestions would lead to arbitrariness in the long run, if the majority of the members of the selection committee collude with each other.  As Mr. Pi mentioned, T.N. Seshan said he had done extensive study on this before drafting the Bill, which he said is available with Sri Sri Ravi Shankar, why the parliamentarians have not recommended this draft to be sent to the Standing Committee. T.N. Seshan may directly present to the Standing Committee directly now, why using proxy routes now?    My only hunch is that this should not become a redundant act, such as POTA and TADA in the coming years after implementation.  Even if they introduce Lokpal and Lokayukth as an Act, the same Parliament has a right to withdraw it by passing an ordinance citing problems in future.   The 25-member Standing Committee has a mandate to look into all these aspects and they are provided with an initial time-frame of 90 days which can be extended further on the request.  The Standing Committee had already invited suggestions from the general public through an Ad in all leading National Dailies (last date: September 4).  If any of our friends have any solid argument or counter-argument against the draft submitted by Anna's team, they have every right to send their suggestions to the Standing Committee.  If the Standing Committee finds their suggestion useful, they would invite them to render evidence before them personally.   
A mechanism to control corruption shall not become super power to control the entire administration.  This need to be addressed anyway.  A Civil Society which was not defined clearly can not and shall not control the total administration including the premier of the country.  The Civil Society shall be defined categorically and this platform should consists of eminent personalities from all walks of life.  This should comprise the majority of opposition party members, representatives from the Govt., Judiciary, Professionals,  NGOs etc.  A retired CJ of Supreme Court shall be chairman of such body.  Appointment of Chairman and members shall be broadly discussed and chosen.  The powers of Govt. shall be limited in choosing such members and chairman.  These members and Chairman shall hold impeccable public record.  
  Commented by  Rajeev Sharma, Strategic Analyst, Columnist, Publishing    | 08 30 2011 11:35:48 +0000
Rating : +1 
Shameena ji, 
Now a days it is sacrilege to speak against Anna Hazare and his "Civil Society". You are a daring lady indeed. I respect your views.
Ms-Pi sir and dear Ardhendu,
Your comments are self-explanatory, but ... Here is a mauqa-e-wardaat from Sahir saheb that will put things in perspective:
TUJHKO YE BAZAAR KA USOOL KAISE SAMJHAOON,
BIK GAYA JO WO KHARIDAR NAHI HO SAKTA.
The government as well the entire parliament have surrendered before the Anna brigade as of now. However, they have only won a battle; the war is yet to be won.
  Commented by  Shameena W., Admin Manager, Wizcraft Inc.    | 08 30 2011 10:53:38 +0000
Rating : +4 
Dear Rajeev Sharma, the Team Anna was frivolous about their anti corruption movement. As I pointed out in a previous comment, they were just doing all this tamasha for being in public eye. Surely if they were serious about the issue, they would have come out with a more sensible bill. 
Any team that consists of legal experts and IPS officer could have easily seen the crap the proposed Jan Lokpal bill was. Any person with little common sense understands this. It is a shame that the Congress led UPA and BJP led NDA compromised with this thugs. 
  Commented by  MS_Pi, Top Management, Confidential    | 08 30 2011 08:52:37 +0000
Rating : +2 
I understand that Mr. Seshan, former Chief Election Commissioner has prepared a "Draft Bill" and handed over the same to Sri Sri Ravi Shankerji. He also suggested a constitutional amendment for adopting the bill. Why the so called 'Civil Society' is avoiding his draft? I dont think anybody else can draft a better bill than Mr.Seshan. 
  Commented by  Ardhendu Pal, Upgrading Knowledge Base, Researching in Computer Software/Hardware    | 08 27 2011 18:03:43 +0000
Rating : 0 
This is dangerous for an individual's privacy especially the phone tapping issue. I'd pray to gods that this must not pass the standing committee anyhow or everybody's privacy will be lost forever. 
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