lokpal debate


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comparison of government lokpal bill and jan lokpal bill in India.

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lokpal debate

  1. 1. LOKPAL: THE ON GOING DEBATE Bhushan Vasantrao Ahire Assistent Professor N.B.T, Law College, Nasik
  2. 2. MeaningIt is a peoples representative tocontrol administrative authorities against the people
  3. 3. : Origin Swedan -1809 Finland-1919 Denmark-1955 Norway-1962New Zeeland -1962 England-1962
  4. 4. .Ombudsman in U.K Whytt report 1961 Two Suggestions a) General Tribunal b) Ombudsman
  5. 5. ParliamentaryCommissioners Act, 1967 Commissioner For Investigation ?Who Can Make a Complaint ?What can be Complained of ?What Remedies
  6. 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. 7. ,Offering no redress,Showing BiasOmission to notify those who thereby lose a right of,appeal,Refusal to inform adequately of the right of appeal,Faulty procedure
  8. 8. Failure by management to monitor compliance with,adequate procedureCavalier disregard of guidance which is intended tofollow in the interest of equitable treatment of those,who use a service,PartialityFailure to mitigate the effects of rigid adherence tothe letters of the law where that produces manifestly…inequitable treatment
  9. 9. Provisions In India .I.P.C The Prevention of Corruption Act The Vigilance Commission Of India .C.B.IThe State Vigilance Commissions and anti- .corruption departments Administrative Reforms Committee, 1966
  10. 10. The Lokpal Bill,2010 Lokpal to investigate Allegations Memorandum of complaint Appointment of Lokpal
  11. 11. Appointment Committeethe Vice-President of India……..Chairmanthe Prime Minister………………..…………….……...memberthe Speaker of the House of thePeople…..memberThe Minister in-charge of the Ministry of HomeAffairs in the Government of India…….memberthe Minister in-charge of the Ministry of Law andin the Government of India…..memberJusticethe Leader of the House other than the House inwhich the Prime Minister is a member ofParliament .….memberthe Leader of the Opposition in the House of thePeople………………………………………….…member
  12. 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 Statesthe Chief Justice or any other Judge of the High Court or of:the Supreme Court,the Comptroller and Auditor-General of Indiaand other members of National Commission for ScheduleCastes and Schedule Tribes, the Chief ElectionCommissioner, other Election Commissioners, theChairman and other Members of the Union PublicService Commission or any other authority appointed.under the Constitution of India.upon its own knowledge or information
  13. 13. Remedyby report in writing shall communicate to thepublic functionary and the Competent. AuthorityCompetent Authority shall cause the reportto be laid down on the flower of the House of Parliament
  14. 14. Qualifications of LokpalChairperson shall not be a member of Parliament and shallnot hold any office of trust or profit or be connected with anypolitical party or carry on any business or practice anyprofession and accordingly, before he enters upon his,-officea person appointed as the Chairperson or a Member as the-case may be, shall, ifhe is a member of Parliament or of the Legislature of any State,or Union Territory, resign such membershiphe holds any office of trust of profit, he shall resign from such,officehe is connected with any political party, serve his connectionwith it: orhe is carrying on ay business, serve his connections with theconduct and management of such business: orhe is practicing any profession, cease to practice such.profession
  15. 15. The Jan Lokpal BillQualification in negative termsif he holds any office of trust or profit, resign from such office; orif he is carrying on any business, sever hisconnection with the conduct and management of such business; orIf he is practicing any profession, suspend practice.of such professionIf he is associated directly or indirectly with any otheractivity, which is likely cause conflict of interestin the performance of his duties in Lokpal, he.should suspend his association with that activity
  16. 16. Selection Committees,The Prime Minister of India. 1,Leader of Opposition in Lok Sabha. 2Two youngest judges of Supreme Court, (Now. 3’(they replacing it with senior mostTwo youngest Chief Justices of High Courts. . 4’((Now they replacing it with senior mostComptroller and Auditor General of India. 5Chief Election Commissioner. 6After the first set of selection process, the. 7outgoing members and Chairperson the of Jan.Lokpal
  17. 17. Search CommitteeThe selection committee shall select five members of searchcommittee from the former Comptroller and Auditor Generals of.India and Chief Election Commissioners of IndiaProvided that the following persons shall not be eligible for:becoming members of search committeeI. Any person who has had any substantive allegation ofcorruption against himII. Any person who has either joined any political party after retirement or has had strong affiliations to any political partyIII. Any person who is still in the service of the government in any capacityIV. Any person who took up a government assignment afterretirement barring those assignments which are reserved for. the post from which he has retiredThe five members selected above shall nominate five members from civil society
  18. 18. Powers of LokpalAccording to 8 the Lokpal shall be responsible for:receivingComplaints where there are allegations of acts ( 1of omission or commission punishable underthe Prevention of Corruption ActComplaints where there are allegations of ( 2, misconduct by a government servantGrievances( 3Complaints from whistleblowers( 4Complaints against the staff of Lokpal ( 5
  19. 19. Powers of LokpalClose the case, if prima facie, the complaint is notmade out, orInitiate prosecution against public servants as well as those private entities, which are parties to the actRecommend imposition of appropriate penalties underthe relevant Conduct RulesProvided that if a government servant is finally convictedunder the Prevention of Corruption Act, the penalty ofdismissal shall be recommended on such government.servantOrder cancellation or modification of a license or leaseor permission or contract or agreement, which was.the subject matter of investigation
  20. 20. Powers of LokpalBlacklist the concerned firm or company or contractoror any other entity involved in that act of. corruptionIssue appropriate directions to appropriate authoritiesfor redressal of grievance as per provisions of this. ActInvoke its powers under this Act if its orders are notduly complied with and ensure due compliance of.its ordersTake necessary action to provide protection to a.whistleblower as per various provisions of this Act
  21. 21. Powers of LokpalOrders made by Lokpal under sub-section(2) (c) of this section shall be binding onthe government and the government shallimplement it within a week of receipt of that order
  22. 22. Matters not subject to investigationThe Lokpal shall not conduct any investigationunder this Act in case of a grievance in- respect of any actionif the complainant has or had, any remedy byway of appeal, revision, review or any otherrecourse before any authority provided inany other law and he has not availed of the.same
  23. 23. Grievance Redressal SystemsCitizens CharterPublic Grievance OfficerAppellate Grievance OfficerComplaint to Lokpal
  24. 24. Public Servants/ M.P.s & M.L.A.s to submit property statements
  25. 25. Properties deemed to have beenobtained through corrupt means
  26. 26. Comparison
  27. 27. Comparison
  28. 28. Comparison
  29. 29. Comparison
  30. 30. Comparison
  31. 31. Thank You