Scribd Logo
Upload

Welcome to Scribd!

  • 23 views

    Dministrative AW: F J L B

    Uploaded by

    Anany Upadhyay
    This document analyzes the Jan Lokpal bill proposed in India to establish an independent body called Lokpal to investigate corruption cases. Key points of analysis include: 1) The bill has been criticized as being naively simplistic in its approach to tackling corruption. 2) Some critics argue the Lokpal could potentially become an extra-constitutional body, as its judicial powers are unclear and it would not be subject to judicial review. 3) There is disagreement over whether the Prime Minister and higher judiciary should fall under the Lokpal's purview. 4) The CBI Director has argued against merging the CBI's anti-corruption wing with the Lokpal, saying it would cri

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Dministrative AW: F J L B

    Uploaded by

    Anany Upadhyay
    23 views5 pages
    This document analyzes the Jan Lokpal bill proposed in India to establish an independent body called Lokpal to investigate corruption cases. Key points of analysis include: 1) The bill has been criticized as being naively simplistic in its approach to tackling corruption. 2) Some critics argue the Lokpal could potentially become an extra-constitutional body, as its judicial powers are unclear and it would not be subject to judicial review. 3) There is disagreement over whether the Prime Minister and higher judiciary should fall under the Lokpal's purview. 4) The CBI Director has argued against merging the CBI's anti-corruption wing with the Lokpal, saying it would cri

    Original Description:

    BVN GH

    Original Title

    Administrative Law

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    This document analyzes the Jan Lokpal bill proposed in India to establish an independent body called Lokpal to investigate corruption cases. Key points of analysis include: 1) The bill has been criticized as being naively simplistic in its approach to tackling corruption. 2) Some critics argue the Lokpal could potentially become an extra-constitutional body, as its judicial powers are unclear and it would not be subject to judicial review. 3) There is disagreement over whether the Prime Minister and higher judiciary should fall under the Lokpal's purview. 4) The CBI Director has argued against merging the CBI's anti-corruption wing with the Lokpal, saying it would cri

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    23 views5 pages

    Dministrative AW: F J L B

    Uploaded by

    Anany Upadhyay
    This document analyzes the Jan Lokpal bill proposed in India to establish an independent body called Lokpal to investigate corruption cases. Key points of analysis include: 1) The bill has been criticized as being naively simplistic in its approach to tackling corruption. 2) Some critics argue the Lokpal could potentially become an extra-constitutional body, as its judicial powers are unclear and it would not be subject to judicial review. 3) There is disagreement over whether the Prime Minister and higher judiciary should fall under the Lokpal's purview. 4) The CBI Director has argued against merging the CBI's anti-corruption wing with the Lokpal, saying it would cri

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 5

    ADMINISTRATIVE LAW

    OMBUDSMAN: A CRITICAL APPRAISAL

    TABLE OF CONTENT

    I. INTRODUCTION..................................................................... Error! Bookmark not defined.

    II. DEFINITION OF THE TERM “OMBUDSMAN”.................... Error! Bookmark not defined.

    III. MEANING AND IMPORTANCE ........................................... Error! Bookmark not defined.

    IV. CHARACTERISTICS AND OBJECTIVES OF OMBUDSMAN INSTITUTIONError! Bookmark not


    defined.

    V. INDIAN OMBUDSMAN ........................................................... Error! Bookmark not defined.

    VI. LOKPAL IN INDIA.............................................................. Error! Bookmark not defined.

    VII. HISTORICAL APPROACH.......................................... Error! Bookmark not defined.

    VII. THE LOKPAL AND LOKAYUKTAS ACT,2013 ....... Error! Bookmark not defined.

    IX. CONCLUSION ....................................................................... Error! Bookmark not defined.

    X. BIBLOGRAPHY ..................................................................... Error! Bookmark not defined.

    [A]
    [B] FEATURES OF THE JAN LOKPAL BILL
    1. Lokpal and its role1
    The bill proposes to establish autonomous and independent institutions called Lokpal at the
    central level and Lokayukta for states. These shall have powers of superintendence and direction
    for holding a preliminary inquiry, causing an investigation to be made and prosecution of
    offences in respect of complaints under any law for the prevention of corruption.

    1
    Anil Dharker, The Topiwala Camera, The Outlook, New Delhi, 2011
    2. Structure2
    The Lokpal will consist of a chairperson and a maximum of eight members of which fifty
    percent shall be judicial members. Fifty percent of members shall be from amongst Scheduled
    Caste (SC), Scheduled Tribe (ST) and Other Backward Classes (OBC), minorities and women. It
    has an inquiry wing for conducting the preliminary inquiry and a separate independent
    prosecution wing. Officers of the Lokpal will include the secretary, director of prosecution,
    director of inquiry and other officers.

    3. Process of selection3
    The selection of chairperson and members of Lokpal shall be through a selection committee
    The Selection Committee shall comprise of the Prime Minister, Speaker of the Lok Sabha,
    Leaders of the Opposition in both houses, a Union Cabinet Minister nominated by the Prime
    Minister, one sitting judge of the Supreme Court, and one sitting Chief Justice of the High
    Court’s both nominated by the Chief Justice of India, an eminent jurist nominated by the central
    government and a person of eminence in public life with knowledge of public administration,
    policy making, anticorruption policy, vigilance and finance.

    4. Jurisdiction4
    Prime minister has been brought under the purview of the Lokpal with specific exclusions.
    Lokpal cannot hold any inquiry against the prime minister if allegations relate to international
    relations, external and internal security of the country, public order, atomic energy and space.
    Any decision of Lokpal to initiate preliminary inquiry or investigation against prime minister
    shall be taken only by the full bench with a 3/4th majority. Such proceedings shall be held in
    camera. Its jurisdiction to include all categories of public servants including Group ‘A’, ‘B’, ‘C’
    and ‘D’ officers and employees of government. On complaints referred by Lokpal, the Central
    Vigilance Commission (CVC) will send its report in respect of Group ‘A’ and ‘B’ officers back
    to Lokpal for further decision. With respect to Group ‘C’ and ‘D’ employees, the CVC will
    proceed further in exercise of its own powers under the CVC act subject to reporting and review
    by Lokpal. All entities receiving donations from foreign sources in the context of the Foreign

    2
    Ibid
    3
    Ibid
    4
    Ibid
    Contribution Regulation Act (FCRA) in excess of Rs.10 lakh per year are brought under the
    jurisdiction of the Lokpal. Lokpal will not be able to initiate suo moto inquiries.

    5. Other significant features of the Bill5


    No prior sanction shall be required for launching prosecution in cases enquired by Lokpal or
    initiated on the direction and with the approval of Lokpal. There are Provisions for confiscation
    of property acquired by corrupt means, even while prosecution is pending. Lokpal to be final
    appellate authority on all decisions by public authorities relating to provision of public services
    and redressal of grievances containing findings of corruption. Lokpal to have power of
    superintendence and direction over any investigation agency including Central Bureau of
    Investigation (CBI) for cases referred to them.

    I. ANALYSIS OF THE JAN LOKPAL BILL


    [A] A NAIVE APPROACH
    The bill has been criticised as being naïve in its approach to combating corruption.
    According to Pratap Bhanu Mehta, President of the Centre for Policy Research Delhi, the bill “is
    premised on an institutional imagination that is at best naïve at worst subversive of representative
    democracy”.6 The very concept of a Lokpal concept has received criticism from Human
    Resource Development minister Kapil Sibal in that it will lack accountability, be oppressive and
    undemocratic.7

    [B] EXTRA CONSTITUTIONAL8


    The pro-bill activist Arvind Kejriwal rejects the claim of Lokpal being extra constitutional
    with the explanation that the body will only investigate corruption offences and submit a charge
    sheet which would then tried and prosecuted through trial courts and higher courts, and that other
    bodies with equivalent powers in other matters exist. The proposed bill also lists clear provisions
    for the Supreme Court to abolish the Lokpal.

    5
    Ibid
    6
    Source: http://www.youtube.com/watch?v=kc5Ql00ftKg
    7
    Source: http://www.youtube.com/watch?v=QT5kB5Hm4Ys,
    8
    Source: http://www.youtube.com/watch?v=S6rK-fLEuNA
    Despite these clarifications, critics feel that the exact judicial powers of Lokpal are rather
    unclear in comparison with its investigative powers. The bill requires “members of Lokpal and
    the officers in investigation wing of Lokpal shall be deemed to be police officers”. Although
    some supporters have denied any judicial powers of Lokpal, the government and some critics
    have recognised Lokpal to have quasi-judicial powers.

    The bill also states that “Lokpal shall have, and exercise the same jurisdiction powers and
    authority in respect of contempt of itself as a High court has and may exercise, and, for this
    purpose, the provisions of the Contempt of Courts Act, 1971 (Central Act 70 of 1971) shall have
    the effect subject to the modification that the references therein to the High Court shall be
    construed as including a reference to the Lokpal.” Review of proceedings and decisions by
    Lokpal is prevented in the bill by the statement “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 a result, how the trials will be conducted is unclear in the bill, although the bill
    outlines requiring judges for special courts, presumably to conduct trial that’s hould be
    completed within one year. The critics hence express concern that, without judicial review,
    Lokpal could potentially become an extra constitutional body with investigative and judicial
    powers whose decisions cannot be reviewed in regular courts.

    [C] SCOPE
    The matter of whether the Indian Prime Minister and higher judiciary should or should not be
    prosecutable by the Lokpal remains as one of the major issues of dispute. Anna’s own nominee
    for co-chairing the joint panel Justice Verma, the former Chief Justice of the Supreme Court, has
    expressed his constitutional objections for including the Prime Minister and higher judiciary
    under Lokpal. According to him, “this would foul with the basic structure of the constitution”.9

    [D] CRITICISM FROM THE CBI DIRECTOR10


    The CBI Director, in a presentation before the Standing Committee of the Parliament, has
    strongly argued against the vivisection of the CBI and merger of its anticorruption wing with the
    Lokpal, noting that this would seriously cripple the core functioning of the CBI and reduce it to

    9
    Ministry of Law and Justice. “Government Issues Notification to Constitute a Joint DraftingCommittee to Prepare
    Draft Lok Pal Bill.” Press Information Bureau, Government of India.
    Source: http://pib.nic.in/newsite/erelease.aspx?relid=71560
    10
    Ibid
    irrelevance. An organization built over last 60years comprising competent professionals should
    not be subsumed under Lokpal. CBI officers concede that in some sensitive political cases there
    is of course interference from the government, but in respect of an overwhelming majority of
    cases CBI functions, unfettered and uninfluenced by extraneous considerations. For this reason
    there is an ever increasing demand for CBI investigation from all over the country in respect of
    important cases.

    You might also like