‘WE The People’ and ‘Model Lokpal Draft’

03Sep11

Dear Readers, Please find the Model Draft for Parliamentary Standing Committee written by People-Activists who aim Caste-less India. Atrocitynews supports them. Will you? Please send any other model to the Standing Committee. Lets believe in the force of Parliament than in any A-nna!

**

September 1, 2011.
Adv. Abhishek Manu Singhvi
Chairman Parliamentary Standing Committee.
Through
Shri. K. P. Singh,
Joint Director,
Rajya Sabha Secretariat, Room No. 212A,
Parliament House Annexe,
New Delhi-110001.

SUB: SUGGESTIONS TO BE INCORPORATED BY THE STANDING COMMITTEE IN THE PROPOSED LOKBILL BILL 2011, INTRODUCED IN THE LOK SABHA ON AUGUST 4, 2011.

Respected Sir,

In the era of liberalisation when “the state” as defined in Article 12 of the Constitution of India and in the First Schedule of the Constitution, is withdrawing or transferring most of its functions to private players and in private domain, in the interest of good governance, transparency and accountability of all those are engaged in public functions and to strengthen the constitutional democratic framework, we suggest the following recommendations to be considered and incorporated by the Standing Committee while finalising the Lokpal law.

1 Object
The prime object of the bill is to check and prevent the rising corruption in the country and bring more transparent, accountable system of governance and provide an effective grievances redressel system to citizens, and to constitute a mechanism for dealing with complaints on corruption against public functionaries in high places and for matters connected therewith or incidental thereto.

2 Lokpal Not an extra-constitutional Body
Within the constitutional framework and without destroying the delicate balance of the system of checks and balances among the several constitutional organs, the Lokpal and the institutional framework of Lokpal as well as Lokayukta in States should be conferred with reasonable powers to perform its task effectively-without fear and favour in conformity with constitutional cannons and co-operative federal framework.

3 Scope of Lokpal
The Lokpal/Lokayukta and its institutional framework should cover all governmental/ public functionaries, public servants, private operators engaged or connected with governmental functions or performing any function related with the public, such as, Private sector, NGOs, Media sector, Charitable-Religious Trusts- bodies including temples, churches and church controlled institutions, any organisation-body dealing with the public money in alliance with all existing laws and regulatory framework. As a consequence the scope of the present bill needs to be expanded to cover such vital areas where there is large trust deficit due to corruption phenomenon.

4 Constitutional Reservation Policy
The Institution of Lokpal and Lokayuktas at the centre and States respectively including its officers, staff and employees should reflect the plural character of Indian society and hence being the State mechanism Lokpal and Lokayuktas should be subject to constitutional reservation policy for Scheduled Castes, Tribes, Backward Classes and Monitories so as to secure their proportionate share of representation at all levels.

5 Separate Courts
The existing judicial system in India is unable to cope with the tremendous work pressure on our courts, resulting into failure of judicial system in timely delivery of justice and hence the Bill should provide immediate establishment of sufficient special courts to hear and decide cases recommended by Lokpal/Lokayuktas. Here extra care needs to be taken to avoid designating existing courts as special courts and further burdening already overburdened courts making the mockery of justice process.

6. Separate Investigation Wing
The principle and provisions as stated herein above in point number 5 also needs to be applied in case of investigation mechanism of Lokpal and Lokayuktas, since the existing investigation agencies and its manpower working under different agencies are overloaded with their work.

7 Special Courts to try cases
To avoid the misuse and abuse of Lokpal Law, the Lokpal and Lokayuktas should not be vested with all the powers from complaint to punishment which may lead to arbitrariness and selective victimisation. Therefore, Lokpal and Lokayuktas should be only investigating and recommendatory bodies to the special courts for prosecution or concern governmental department for disciplinary procedure against the official and the courts should be empowered to punish them as per the punishments laid down in Lokpal Law in addition to the existing penal provisions under any other law time being in force. Appeal provision should be provided to the High Court and the Supreme Court of India. All the cases to be disposed off within the timeframe.

8 Preventive Measures
In addition to the existing laws, rules and regulations, which are not enforced strictly, the Lokpal Law should also elaborately provide for or direct to subordinate authorities to lay down a reasonable mechanism to prevent the corruption at governmental and allied matters.

9 Selection Process
The selection process of Lokpal and Lokayuktas should be transparent, inclusive and subject to judicial review. The selection process of such Lokpal and Lokayukta should be made by a special joint parliamentary body with representation to eminent jurists, Ex-civil servants, Judges of Higher judiciary and other experts in Law, including eminent law teachers.

10 Wastage of SC/ST Component Plan funds and non-Implementation of reservation policy as corruption
The misuse/diversion/non-spending of the Schedule Caste and the Schedule Tribe component plan Fund or sub-plans fund and non-implementation of the constitutional reservation policy and other affirmative actions have been biggest perpetuated frauds on our constitutional spirit and policy framework and therefore such actions should be brought within the definition of corruption and thereby under the Lokpal Law.

11 PM & PMO under Lokpal
The Prime Minister Office (PMO) should be included in the purview of Lokpal and the Prime Minister too should be brought within its ambit after his/her first term of office, irrespective of number of years.

12 Lokpal & Judiciary
The rising corruption in judiciary has been a major cause of national concern for that a special mechanism under proposed Judicial Accountability Law with less rigid procedure but definite action against corrupt and errant judges is a viable solution to deal with.
13 Doctrine of Judicial Review
The decisions, orders of the Lokpal at the national level shall not be final but subject to judicial review by the Apex Court of India.

14 Governmental Bureaucracy
All functionaries, officials, employees of government and even of private players performing public functions should be brought within the purview of Central Lokpal Law or even separately by the States in case of State officials or officials in the State.

15 Conduct/Removal of Lokpal
The conduct of Lokpal/Lokayuktas should be made accountable to the appointing authority which may recommend the action to the Supreme Court of India for its confirmation. The decision of the Supreme Court shall be final.

16 Other Bodies-CVC Or CBI
All existing agencies such as, CVC, CBI’s should remain in operation and strengthened with clear demarcation of their jurisdictions in compare with Lokpal/Lokayukta but their final decisions should be confirmed by the 5 member judicial body/panel of the sitting Apex Court judges within 3 months from the date of final order. Considering the time factor consumed by the office of the President of India in deciding several matters including the mercy petitions on death sentence, this route needs to be avoided. Once the Institution of Lokpal and Lokayuktas is well settled and proved effective after 3 or 5 years we can rethink about the continuation of other institutions.

17 Citizens Charter
Lokpal Law need not deal with citizen’s charter. Citizen’s charter should be provided under separate law by the centre and states along with Lokpal Law.

18 Punishments
The Punishments under the Lokpal Law should be reasonably sufficient to act as sufficient deterrent to prevent and punish corrupts.

19 Whistleblowers
There should be sufficient protection to Whistleblower.

20 False Complaints

The Lokpal Law should also provide for punishment for false, frivolous and vexatious
Complaints against not only officials but also against the Lokpal itself.

21 Tenure of Lokpal/Lokayuktas

No person shall be appointed to the office of Lokpal or Lokayukta for more than two terms,
Irrespective of number of years in the office.

22 Ministers, MPs and MLAs

Under the new Lokpal Law, the national level full bench of Lokpal and at the States the full bench of Lokayuktas will decide on the issue of complaints against Ministers, MPs and MLAs,subject to the judicial review by the Apex Court. Article 105 of the Constitution of India remains as it is.

23 Removal of Ministers, MPs and MLAs
On an enquiry or investigation of the allegation against a Minister if the guilt is proved then the office of the Lokpal /Lokayukta will recommend the removal of such minister, MPs andMLAs. from office.

24 Constitutional Basic Structure
By whatsoever provisions and under any circumstances the Institution of Lokpal should not
be allowed to become an extra-constitutional body to demolish the constitutional edifice
and basic structure theory enunciated by the Supreme Court of India.

25 Federal Structure
While making the law by all means the constitutional autonomy of States and federal
sentiments of people must be respected by incorporating necessary provisions.

Thanking You

AWARE CITIZEN

***



One Response to “‘WE The People’ and ‘Model Lokpal Draft’”

  1. Excellent draft respecting the Democratic character of this Country……


Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s


%d bloggers like this: