The document discusses the Lokpal and Lokayuktas Act, 2013 in India. It provides background on the historical development of ombudsman institutions and anti-corruption efforts in India. Key points include: the Act established the Lokpal as an independent body to investigate corruption cases against public officials; there were differences between the government's version of the Lokpal bill and the Jan Lokpal bill promoted by civil society; and while the Act was passed, critics argue it is not working effectively as the Lokpal has not been fully established and people are still waiting to see results in the fight against corruption.
The essence of free speech is the ability to think and speak freely and to obtain information from others through publications and public discourse without fear of retribution, restriction, or repression by the government.
It is through free speech, people could come together to achieve political influence, to strengthen their morality, and to help others to be
The freedom of speech is regarded as the first condition of liberty. It occupies a preferred and important position in the hierarchy of the liberty, it is truly said about the freedom of speech that it is the mother of all other liberties.
BlBased
Article 19(1) (a) of the Constitution of India states that, “all citizens shall have the right to freedom of speech and expression”. The philosophy behind this Article lies in the Preamble of the Constitution, where a solemn resolve is made to secure to all its citizen, liberty of thought and expression. The exercise of this right is, however, subject to “reasonable restrictions” for certain purposes being imposed under Article 19(2) of the Constitution of India.
This presentation mainly focuses on Lokpal in India. it also deals with the need of lokpal, how corruption became one of the activities of even the common citizens. it tries to reveal the intention of Governments in the matters relating to Lokpal.
Rule of Law is important topic for all entrance examination. Here we comparison of Rule of Law in India with U.S.A & England. It is very useful all law students.
Right to Information Act (RTI) a powerful law enacted in year 2005 for better governance in the country. RTI law is backed by Article 19(1) (a) of the Constitution of India which talks about freedom of speech and expression. For proper usage of this right one should have proper information about the Public Authority. Public Authority carries wider meaning than only government. There are two objectives of RTI Act, 2005, one is to bring transparency and accountability in governance and other one is to setting up of Central Information Commission (CIC) and State Information Commission (SIC) to hear appeals and complaints. There are lot of peculiarities in working of CIC and various SICs. Some state commissions are performing exceptionally well whereas some are lagging behind. Most of the state information commission offices are facing challenges in terms of vacancies which ultimately leading to backlog of appeals and complaints. Second biggest challenge is appointment of efficient Information Commissioners who can dispose cases in effective way and in timely manner. There are Information Commissioners who have given landmarks orders and disposed off large number of cases. Thus we can see the role of information commissioner is crucial for successful implementation of RTI Act, 2005.
Present paper will critically analyze working of Information Commission at central and state level alongwith some important orders delivered by CIC and SIC.
Public interest Litigation- means, litigation filed in a court of law, for the protection of “Public Interest", such as Pollution, Terrorism, Road safety, Constructional hazards etc
The essence of free speech is the ability to think and speak freely and to obtain information from others through publications and public discourse without fear of retribution, restriction, or repression by the government.
It is through free speech, people could come together to achieve political influence, to strengthen their morality, and to help others to be
The freedom of speech is regarded as the first condition of liberty. It occupies a preferred and important position in the hierarchy of the liberty, it is truly said about the freedom of speech that it is the mother of all other liberties.
BlBased
Article 19(1) (a) of the Constitution of India states that, “all citizens shall have the right to freedom of speech and expression”. The philosophy behind this Article lies in the Preamble of the Constitution, where a solemn resolve is made to secure to all its citizen, liberty of thought and expression. The exercise of this right is, however, subject to “reasonable restrictions” for certain purposes being imposed under Article 19(2) of the Constitution of India.
This presentation mainly focuses on Lokpal in India. it also deals with the need of lokpal, how corruption became one of the activities of even the common citizens. it tries to reveal the intention of Governments in the matters relating to Lokpal.
Rule of Law is important topic for all entrance examination. Here we comparison of Rule of Law in India with U.S.A & England. It is very useful all law students.
Right to Information Act (RTI) a powerful law enacted in year 2005 for better governance in the country. RTI law is backed by Article 19(1) (a) of the Constitution of India which talks about freedom of speech and expression. For proper usage of this right one should have proper information about the Public Authority. Public Authority carries wider meaning than only government. There are two objectives of RTI Act, 2005, one is to bring transparency and accountability in governance and other one is to setting up of Central Information Commission (CIC) and State Information Commission (SIC) to hear appeals and complaints. There are lot of peculiarities in working of CIC and various SICs. Some state commissions are performing exceptionally well whereas some are lagging behind. Most of the state information commission offices are facing challenges in terms of vacancies which ultimately leading to backlog of appeals and complaints. Second biggest challenge is appointment of efficient Information Commissioners who can dispose cases in effective way and in timely manner. There are Information Commissioners who have given landmarks orders and disposed off large number of cases. Thus we can see the role of information commissioner is crucial for successful implementation of RTI Act, 2005.
Present paper will critically analyze working of Information Commission at central and state level alongwith some important orders delivered by CIC and SIC.
Public interest Litigation- means, litigation filed in a court of law, for the protection of “Public Interest", such as Pollution, Terrorism, Road safety, Constructional hazards etc
We are all part of this historic movement to eradicate corruption. Together, under the leadership of Anna Hazare ji, we are demanding the “Jan Lokpal Bill” – a strong law to ensure swift and certain punishment to the corrupt. Jan Lokpal Bill is a Law being made by the people and for the people.
Zusammen mit einem Team an professionellen Psychologen, haben wir einen zuverlässigen Algorithmus entwickelt, der IHRE, wenn gewünscht aber auch die Persönlichkeit Ihrer Familie, Freunde und Bekannten genau analysiert. Die Analyse basiert rein auf Ihrem Geburtsdatum und keinen Annahmen oder Deutungen. Ergebnis ist ein äußerst aussagekräftiges Persönlichkeitsportrait über Sie. https://personalitycheck-online.com/persoenlichkeit/lead-landingpage/
Lokpal bill and the role of civil societyUmesh Bhosale
This presentation describes what is Lokpal bill, why it is needed and the difference between Governments draft and Civil society's draft of the bil etc.
Why we need Jan Lokpal? What is the difference between Govt's draft and Civil Society draft? How can Jan Lokpal help in curbing corruption? All these questions answered!!!
DNA Testing in Civil and Criminal Matters.pptxpatrons legal
Get insights into DNA testing and its application in civil and criminal matters. Find out how it contributes to fair and accurate legal proceedings. For more information: https://www.patronslegal.com/criminal-litigation.html
Introducing New Government Regulation on Toll Road.pdfAHRP Law Firm
For nearly two decades, Government Regulation Number 15 of 2005 on Toll Roads ("GR No. 15/2005") has served as the cornerstone of toll road legislation. However, with the emergence of various new developments and legal requirements, the Government has enacted Government Regulation Number 23 of 2024 on Toll Roads to replace GR No. 15/2005. This new regulation introduces several provisions impacting toll business entities and toll road users. Find out more out insights about this topic in our Legal Brief publication.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
ASHWINI KUMAR UPADHYAY v/s Union of India.pptxshweeta209
transfer of the P.I.L filed by lawyer Ashwini Kumar Upadhyay in Delhi High Court to Supreme Court.
on the issue of UNIFORM MARRIAGE AGE of men and women.
PRECEDENT AS A SOURCE OF LAW (SAIF JAVED).pptxOmGod1
Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
1. TOPIC: THE LOKPAL AND LOKAYUKTAS ACT, 2013
Name: Jatin Sherawat
Roll no.: 19
2. CONTENTS
Introduction
Historical background
Need of Lokpal
Applicability in India
Salient features of Lokpal
Lokpal and Jan-Lokpal
Critical Issues
Achievements/failure/criticism/suggestion
Conclusion
3. INTRODUCTION
“corruption and hypocrisy ought not to be inevitable products of democracy”
‘Mahatma Gandhi’
Ombudsman: A watchdog on Government, investigating and resolving
citizen’s complaints
Lokpal: an Indian version of ombudsman office . The word ‘lokpal’ has
derived from the sanskrit word ‘loka’ (people) and ‘pala’
(protector/caretaker). So the word ‘lokpal’ means ‘protector of people’.
4. HISTORICAL BACKGROUND
The institution of ombudsman originated in Scandinavian countries. The institution of ‘Ombudsman’ first came
into being in Sweden in 1713 when a ‘Chancellor of Justice’ was appointed by the King to act as invigilator to
look into the functioning of war-time government.
Amongst other countries, New Zealand was the first country outside Scandinavian to institute an Ombudsman
in 1962. It has been adopted in a number of countries, such as Finland, 1919; Denmark, 1954; there are
Ombudsman offices in over 80 countries at the national provincial and local level.
20th Century- In India, the Ombudsman is known as the Lokpal or Lokayukta. The concept of a constitutional
ombudsman was first proposed by the Law Minister Ashoke Kumar Sen in parliament in the early 1960s. The
term ‘Lokpal’ and ‘Lokayukta’ were coined by Dr. L. M. Singhvi as the Indian model of Ombudsman for
redressal of public grievances. It was passed in lok-sabha in 1968 but it was lapsed with the dissolution of
Lok-sabha. And since then many times it was passed in Lok-sabha but lapsed.
5. CORRUPTION
Everyone censures corruption at a societal
stage but that does not mean that anyone
has escaped from the flu of corruption
A 2005 study conducted by Transparency
International in India found that more than
62% of Indian had first-hand experience of
paying bribes or influence peddling to get
jobs done in public offices successfully
Prevention of Corruption Act, 1988
6. 21th Century- Revolution
It was the time when people
across the country were fed up
and furious with reading news
about ‘corruption and Rape’ this
led to the mass movement in
India Particularly in Delhi
headed by the social activist
‘Anna Hazare’.
Anna Hazare
He is social activist which led
the mass movement called
India against corruption and
did his fast till death if
government do not agree to
pass Lokpal Bill.
India Against
Corruption
The movement at Jantar
Mantar in Delhi opened the
eyes of the people sleeping or
who said that what a common
man can do.
7. NEED FOR LOKPAL
“Whereas”
the Constitution of India established a democratic republic to ensure justice to all.
Various institution of governance as well as democratic institution have worked to safeguard
participatory democracy.
And whereas graft and corruption have become a serious disease to the society and governance.
And whereas India is signatory to the United Nation Convention against corruption
After independence, increasing magnitude of developmental and welfare responsibilities of the
government has boosted the proliferation of the administrative machinery. Consequently, over
the years numerous cases of corruption, maladministration and misuse of authority and
resources have started coming to light
8. APPLICABILITY IN INDIA
Constitutional validity of Lokpal- No provision in the constitution of India.
But Art- 253 says that parliament is empowered to enact laws on matters enforced in
international treaties and UN convention.
On United Human rights Convention we enacted laws to establish National Human
Law Commission.
Similarly, in 2003 UN on fighting corruption empowers parliament to make laws to
prevent corruption.
9. SALIENT FEATURES OF LOKPAL BILL 2011
The Lokpal Bill provides for constitution of the Lokpal as an independent body to
enquire into cases of corruption against public functionaries, with a mechanism for
filing complaints and conducting inquiries etc. Followings are some important
features of Lokpal-
Lokpal at the Centre and Lokayuktas at the levels of the states
Lokpal will consist of a Chairperson and maximum of eight members, of which 50
percent shall judicial members and from SC/ST/OBCs, Minorities and Women.
10. The selection of Chairperson and members of Lokpal shall be through a selection
committee consisting of Prime Minister , Speaker of Lok Sabha, Leader of
Opposition in the Lok Sabha, Chief Justice of India or a sitting Supreme Court judge
nominated by CJI, eminent jurist to be nominated by the President of India on the
basis of recommendations of the first four members of the selection committee.
Lokpal’s jurisdiction will cover all categories of public servants.
All entities receiving donations from foreign source in the context of the Foreign
Contribution Regulation Act (FCRA) in excess of Rs 10 lakh per year are brought
under the jurisdiction of Lokpal. Etc.
11. COMPARATIVE STUDY
The movement compelled the then ruling
Government to pass Lokpal. However the bill
introduced by the government was weak
according to Anna Hazare. Which again led to
the agitation among the people. There was a
huge difference between Government’s Lokpal
and Jan-Lokpal.
12. UNDERSTANDING THE DRAFTS OF GOVERNMENT AND CIVIL SOCIETY:
CRITICAL ISSUES
Government’s Lokpal
Prime Minister- PM kept out of Lokpal’s
purview
Judiciary- Judiciary is also kept out of Lokpal
Jan-Lokpal
Lokpal should have power to investigate
allegations of corruption against PM.
Special safeguards provided against frivolous
&mischievous complaints
Lokpal should have power to investigate
allegations of corruption against Judiciary.
Special safeguards provided against frivolous
&mischievous complaints
13. CONT..
Government’s Lokpal
MPs- Government has excluded this from
Lokpal’s purview.
Central Bureau Investigation- Government
wants to retain its hold on CBI.
With 5 out of 10 members from ruling
establishment, 6 politicians in selection
committee, ensured that only pliable& weak
people be selected
Search committee to be selected by selection
committee
No selection process provided
Jan-Lokpal
Lokpal should be able to investigate allegations that
any MP had taken bribe to vote or speak in Parliament
Anti-corruption branch of CBI should be merged into
Lokpal.
Broad based selection committee with 2 politicians, 4
judges and2independent constitutional authorities.
An independent search committee consisting of retired
constitutional authorities to prepare first list.
A detailed transparent selection process with PUBLIC
PARTICIPATION
14. CONT..
Government’s Lokpal
Accountability- Accountable to the Government. Only
government can seek removal of Lokpal.
Method of Enquiry-Cr PC being amended -Special
protection to the accused
After preliminary enquiry, all evidence provided to the
accused & hearing for why an FIR should not be regd.
against him.
After completion of investigations, again all evidence
provided &hearing for why a case should not be filed
against him in the court.
During investigations, if investigations are to be started
against any new persons, they would also be presented
with all evidence against them and heard.
Jan-Lokpal
Accountable to the PEOPLE-Any Citizen can make a
complaint to Supreme Court and seek removal.
Judicial review over the actions of the Lokpal by the High
Courts under Article 226 and the Supreme Court under
Article 32 and 136
Method would be the same as provided in Cr PC like in any
other criminal case.
After preliminary enquiry, an FIR will be registered.
After investigations, case will be presented before a court,
where the trial will take place.
15. ACHIEVEMENTS/FAILURE/CRITICISM
Achievements-
Yes the achievement is that the Lokpal and lokayuktas Act, 2013 has been passed.
Failure- Act passed-but not working
Supreme Court many times criticized the govt.
Still people are waiting for 15 lacs.
Still waiting for ‘Ache Din’
Criticism- criticism on Government is that they can not tolerate criticism
Aseem Trivedi one of the cartoonists was arrested when he posted certain cartoons on
social website expressing his views on corruption.
16. CONCLUSION
From the above stated discussions we may conclude that we all know that the biggest
disease of all is not disease but corruption. It does not mean that we are not corrupt. It
is a broad term and include many things. For example when parents say to a child to
hide his/her age when TT comes to check ticket.
I believe that CBI should be independent otherwise we will hear of getting 15 lacks but
will get nothing.
“Every revolution evaporates and only leaves behind the slime of a new bureaucracy”
Franz Kafka (1883-1924)