Lokpal : Analysing a Farce


This is an Analysis from Mr Takshak Shende on Jan Lokpal Bill. We at Atrocitynews thank him for his qualitative time and efforts. He has entailed here Key features of detrimental JanLokpal Bill for which people are thinking to come on road:
1) To establish a central government anti-corruption institution called Lokpal, supported by Lokayukta at the state level.
->> No need to establish such Institution as already CBI, CVC are there to take care of it, with that Court is always there to deal with Corruption. Corruption from Mindset of people need to comeout.

2) As in the case of the Supreme Court and Cabinet Secretariat, the Lokpal will be supervised by the Cabinet Secretary and the Election Commission. As a result, it will be completely independent of the government and free from ministerial influence in its investigations.
-> As per Indian Constitution, Supreme court is independent Body which reports to the President of India. It do not requires to be supervised by anyone Bocz it will influence the working of Supreme Court. Dr. Babasaheb Ambedkar strongly supports Independency of Judicial system and hence that provision they have incorporated in Indian Constitution. Supervision of Court is unconstitutional and it will be big threat to the Democracy.
–> Supreme Court is not at all under Ministerial influence otherwise people who involved in 2G scam and others wouldn’t have been behind bar. Supreme Court is much more respected place and it needs to independent for fair working of it.

3) Members will be appointed by judges, Indian Administrative Service officers with a clean record, private citizens and constitutional authorities through a transparent and participatory process.
–> India is democratic Country, Whatever rules, regulation and Law were passed where passed by Representative of Indian Citizen. Dr. Ambedkar has give power of Vote to all Indians they select there representative at Parliaments and actually representative of Indian Citizen choose who will be Ruling India.
–> As per JanLokpal Bill section 6 (4) A selection committee consisting of the following shall be set up:
             a. Two senior most judges of Supreme Court
             b. Two senior most Chief Justices of High Courts.
             c. All Nobel Laureates of Indian Origin (Are they social thinkers, a Joke??)
             d. Last three Magsaysay Award winners ( Credibility of Magsaysay, havnt awarded to any Bahujan ??)
             e. Comptroller and Auditor General of India
            f. Chief Election Commissioner
            g. After the first set of selection process, the outgoing members and Chairperson of Lokpal
–> How it is justify that only those person can select correct lokpal for India, who will be given with so much power to make any rule for smooth functioning of lokpal institution?
–> My question is, “ was Dr Babasaheb Ambedkar wrong for giving right to Vote to citizen for selecting personal for Rulling india.”

4) A selection committee will invite shortlisted candidates for interviews, videorecordings of which will thereafter be made public.
  –> Why Voting system is not to be implemented for selection of Janlokpal, and How it is justified that those people will select correct personal and they will not Missuse it.
— > This process of selecting person is highly unconstitutional and Undemocractic. Dr. Babasaheb ambedkar never mentioned anywhere about this type of process for selecting personal for such a highly powerful job. If it is there please give reference .

5) Every month on its website, the Lokayukta will publish a list of cases dealt with, brief details of each, their outcome and any action taken or proposed. It will also publish lists of all cases received by the Lokayukta during the previous month, cases dealt with and those which are pending.
—> This is not new, due to technology development Indian Judicial system is also adopting same thing and its work is going on for Computerization of Court so that cases details can be visible to every citizen.

6) Investigations of each case must be completed in one year. Any resulting trials should be concluded in the following year, giving a total maximum process time of two years.
—-> Why it is time bound , Due to influence of something and with wrong charges wrong person may be affected.

7) Losses caused to the government by a corrupt individual will be recovered at the time of conviction.
—> This provision is Unconstitutional and Undemocractic. This decision has to be taken by Supreme Court after total investigation by Central Vigilance Commission or CBI or Police.
–> No person has authority to recover anything from any1 unless and until he proved guilty, judicial system is capable for recovering of amount from corrupt person.

8) Government officework required by a citizen that is not completed within a prescribed time period will result in Lokpal imposing financial penalties on those responsible, which will then be given as compensation to the complainant.
—> In Government everything goes as per Rules and Regulation, If any such thing is observed, There is Central Vigilance Commission who look into it and submit report to Authority to take action. And person who is guilty will be punished with financial penalties and he will be removed from his post. So no need of such clause as mentioned above.

9) Complaints against any officer of Lokpal will be investigated and completed within a month and, if found to be substantive, will result in the officer being dismissed within two months.
–> As per Section 27 (2) (2) “No proceedings of the Lokpal shall be held to be bad for want of form and except on the ground of jurisdiction, no proceedings or decision of the Lokpal shall be liable to be challenged, reviewed, quashed or called in question in any court of ordinary Civil Jurisdiction” 

      As per above it easily understood his decision will be binding…n we can’t appeal nywhere… He will b real dictator…
–> So what ever u have written overhere is of no use and will not be effective at all.

10) The existing anti-corruption agencies (CVC, departmental vigilance and the anti-corruption branch of the CBI) will be merged into Lokpal which will have complete power and authority to independently investigate and prosecute any officer, judge or politician.
–> This is totally unconstitutional and undemocractic, We do not need police to policing the police. Our India Constitution is capable to deal with all this

11) Whistleblowers who alert the agency to potential corruption cases will also be provided with protection by it.
—> Protection to to whstelblower will be provided but what about protection of Fundamental Rights of Indian citizen which will be taken away by following clause of draft Janlokpal Bill ?
AS per section 9 (b) says “he (Lokpal ) may by a search warrant authorize any Police officer not below the rank of an Inspector of Police to conduct a search or carry out an inspection in accordance therewith and in particular to, –
                     (i) enter and search any building or place where he has reason to suspect that such property, document, money, bullion, jewellery or other valuable article or thing is kept;
                    (ii) search any person who is reasonably suspected of concealing about his person any article for which search should be made;
                    (iii) break open the lock of any door, box, locker safe, almirah or other receptacle for exercising the powers conferred by sub-clause (i) where the keys thereof are not available. Seize any such property, document, money, bullion, jewellery or other valuable article or thing
found as a result of such search;
                  (iv) place marks of identification on any property or document or make or cause to be made; extracts or copies therefrom; or
                  (v) make a note or an inventory of any such property, document, money, bullion, Jewellery or other valuable article or thing.

As per this section 9(b) ii Lokpal can search any person , can brock ny lock (even Police can’t do tht act)



3 Responses to “Lokpal : Analysing a Farce”

  1. Without Reservations in Indian Supreme Court it is no different from Sharia in Saudi Arabia.

  2. 2 Sawan

    This is ridiculous . without understanding what is corruption , answers are given in general.

    If the writer is agree that there is corruption. Then he should give the solution to the problem & just point he fingers on others who are trying to do something positive.

    It is very simple to point a finger , if you have alternative then tell others how they are wrong & civil society is open for better suggestions.

    The situation when constitution was made was very different than the current situation. It has to be improved as the situation changes.

    Like for Goods & Service tax they have to amend the constitution . You can not say that as our respected Mr.Babasaheb Ambedkar has not written it at that time you can not change.

  3. 3 Sawan

    Who is Mr.Takshak Shende? Whether he is having any solution to the corruption? if not ,don’t criticize others.

    If you have any question against Jan Lokpal , openly discuss with Mr.Arvind Kejariwal. he is having all the answers to your questions.

    without knowledge don’t raise the questions.

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