The document discusses the ongoing debate around Lokpal, an anti-corruption ombudsman institution in India. It provides background on similar ombudsman models in other countries and discusses various proposals and bills regarding Lokpal in India, including its powers, qualifications, and selection process. Key points of contention have included the scope of officials under its jurisdiction and whether the prime minister should be included. Overall, the document outlines the history and ongoing discussion around establishing an independent anti-corruption watchdog in India.

1. LOKPAL: THE ON
GOING DEBATE
Bhushan Vasantrao Ahire
Assistent Professor
N.B.T, Law College, Nasik

2. Meaning
It is a people's representative to
control administrative authorities
against the people

3. : Origin
Swedan -1809
Finland-1919
Denmark-1955
Norway-1962
New Zeeland -1962
England-1962

4. .Ombudsman in U.K
Whytt report 1961
Two Suggestions
a) General Tribunal
b) Ombudsman

5. Parliamentary
Commissioners Act, 1967
Commissioner For Investigation
?Who Can Make a Complaint
?What can be Complained of
?What Remedies

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. ,Offering no redress
,Showing Bias
Omission to notify those who thereby lose a right of
,appeal
,Refusal to inform adequately of the right of appeal
,Faulty procedure

8. Failure by management to monitor compliance with
,adequate procedure
Cavalier disregard of guidance which is intended to
follow in the interest of equitable treatment of those
,who use a service
,Partiality
Failure to mitigate the effects of rigid adherence to
the letters of the law where that produces manifestly
…inequitable treatment

9. Provisions In India
.I.P.C
The Prevention of Corruption Act
The Vigilance Commission Of India
.C.B.I
The State Vigilance Commissions and anti-
.corruption departments
Administrative Reforms Committee, 1966

10. The Lokpal Bill,2010
Lokpal to investigate Allegations
Memorandum of complaint
Appointment of Lokpal

11. Appointment Committee
the Vice-President of India……..Chairman
the Prime Minister………………..…………….
……...member
the Speaker of the House of the
People…..member
The Minister in-charge of the Ministry of Home
Affairs in the Government of India…….member
the Minister in-charge of the Ministry of Law and
in the Government of India…..memberJustice
the Leader of the House other than the House in
which the Prime Minister is a member of
Parliament .….member
the Leader of the Opposition in the House of the
People………………………………………….…
member

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 States
the Chief Justice or any other Judge of the High Court or of
:the Supreme Court
,the Comptroller and Auditor-General of India
and other members of National Commission for Schedule
Castes and Schedule Tribes, the Chief Election
Commissioner, other Election Commissioners, the
Chairman and other Members of the Union Public
Service Commission or any other authority appointed
.under the Constitution of India
.upon its own knowledge or information

13. Remedy
by report in writing shall communicate to the
public functionary and the Competent
. Authority
Competent Authority shall cause the report
to be laid down on the flower of the House
of Parliament

14. Qualifications of Lokpal
Chairperson shall not be a member of Parliament and shall
not hold any office of trust or profit or be connected with any
political party or carry on any business or practice any
profession and accordingly, before he enters upon his
,-office
a person appointed as the Chairperson or a Member as the
-case may be, shall, if
he is a member of Parliament or of the Legislature of any State
,or Union Territory, resign such membership
he holds any office of trust of profit, he shall resign from such
,office
he is connected with any political party, serve his connection
with it: or
he is carrying on ay business, serve his connections with the
conduct and management of such business: or
he is practicing any profession, cease to practice such
.profession

15. The Jan Lokpal Bill
Qualification in negative terms
if he holds any office of trust or profit, resign from
such office; or
if he is carrying on any business, sever his
connection with the conduct and management of
such business; or
If he is practicing any profession, suspend practice
.of such profession
If he is associated directly or indirectly with any other
activity, which is likely cause conflict of interest
in the performance of his duties in Lokpal, he
.should suspend his association with that activity

16. Selection Committees
,The Prime Minister of India. 1
,Leader of Opposition in Lok Sabha. 2
Two youngest judges of Supreme Court, (Now. 3
’(they replacing it with ' senior most
Two youngest Chief Justices of High Courts. . 4
’((Now they replacing it with ' senior most
Comptroller and Auditor General of India. 5
Chief Election Commissioner. 6
After the first set of selection process, the. 7
outgoing members and Chairperson the of Jan
.Lokpal

17. Search Committee
The selection committee shall select five members of search
committee from the former Comptroller and Auditor Generals of
.India and Chief Election Commissioners of India
Provided that the following persons shall not be eligible for
:becoming members of search committee
I. Any person who has had any substantive allegation of
corruption against him
II. Any person who has either joined any political party after
retirement or has had strong affiliations to any political party
III. Any person who is still in the service of the government in any
capacity
IV. Any person who took up a government assignment after
retirement barring those assignments which are reserved for
. the post from which he has retired
The five members selected above shall nominate five members
from civil society

18. Powers of Lokpal
According to 8 the Lokpal shall be responsible for
:receiving
Complaints where there are allegations of acts ( 1
of omission or commission punishable under
the Prevention of Corruption Act
Complaints where there are allegations of ( 2
, misconduct by a government servant
Grievances( 3
Complaints from whistleblowers( 4
Complaints against the staff of Lokpal ( 5

19. Powers of Lokpal
Close the case, if prima facie, the complaint is not
made out, or
Initiate prosecution against public servants as well as
those private entities, which are parties to the act
Recommend imposition of appropriate penalties under
the relevant Conduct Rules
Provided that if a government servant is finally convicted
under the Prevention of Corruption Act, the penalty of
dismissal shall be recommended on such government
.servant
Order cancellation or modification of a license or lease
or permission or contract or agreement, which was
.the subject matter of investigation

20. Powers of Lokpal
Blacklist the concerned firm or company or contractor
or any other entity involved in that act of
. corruption
Issue appropriate directions to appropriate authorities
for redressal of grievance as per provisions of this
. Act
Invoke its powers under this Act if its orders are not
duly complied with and ensure due compliance of
.its orders
Take necessary action to provide protection to a
.whistleblower as per various provisions of this Act

21. Powers of Lokpal
Orders made by Lokpal under sub-section
(2) (c) of this section shall be binding on
the government and the government shall
implement it within a week of receipt of
that order

22. Matters not subject to investigation
The Lokpal shall not conduct any investigation
under this Act in case of a grievance in
- respect of any action
if the complainant has or had, any remedy by
way of appeal, revision, review or any other
recourse before any authority provided in
any other law and he has not availed of the
.same

23. Grievance Redressal Systems
Citizens Charter
Public Grievance Officer
Appellate Grievance Officer
Complaint to Lokpal

24. Public Servants/ M.P.s & M.L.A.s to
submit property statements

25. Properties deemed to have been
obtained through corrupt means

26. Comparison

27. Comparison

28. Comparison

29. Comparison

30. Comparison

31. Thank You