27 January 2011

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Lokpal Bill – Pending from Year 1969 – If current Lokpal Bill 2010 Draft becomes law it will be useless why?

Lokpal Bill – Pending from Year 1969 –
If current Lokpal Bill 2010 Draft becomes law it will be useless why?



The Administrative Reforms Commission (ARC) set up in 1966 recommended the constitution of a two-tier machinery - of a Lokpal at the Centre, and Lokayukt (a) s in the states.

The first legislative attempt at Lokpal in India fell after the bill was passed in the 4th Lok Sabha in 1969 but could not get through in Rajya Sabha.

Subsequently, Lokpal bills were introduced in 1971, 1977, 1985, 1989, 1996, 1998, 2001, and 2005 and in 2008.


The Lok Pal Bill has been introduced 8 times in as many Lok Sabhas and has been put to an unnatural death thereafter.

In 2001 this Bill was passed by the BJP cabinet, and then got rejected in Parliament.

What is the purpose of Lokpal Bill?

National ombudsman called the Lokpal to probe political corruption.

SM – Real Purpose Delay the cases. Corruption will not be reduced it will increase, and politicians will become more fearless.

The draft Lokpal Bill, 2010 provides for filing of complaints of allegations of corruption against Prime Minister, ministers and MPs with the Lokpal.

According to the Bill, the Lokpal shall consist of a Chairperson who is or has been a Chief Justice or a judge of the Supreme Court.

It will also have two members who have either been the judges of the Supreme Court or the Chief Justices of the High Courts.

The current bill provides for inquiry against Prime Minister but
firstly it will go to the Speaker of the Lok Sabha and the Lokpal can hear it only if it is cleared by the Speaker. Lokpal will need the permission of Speaker, who is appointed by Ruling party or Prime Minister.

SM – Do you think Speaker will give permission to inquiry Prime Minister, His own boss?
We have seen Speaker did not use the powers and ordered for JPC in 2G scam.

Ever heard Speaker go against Prime Minister in last 60 years.

The draft bill also provides that complaints against ministers and MPs should be routed through either the Lok Sabha Speaker or the Rajya Sabha chairman and be heard only if they are referred by the presiding officers to it.

SM - Do you think Speaker will give permission to inquiry Minister, His own boss? We have seen Speaker did not use the powers and ordered for JPC.
Ever heard Speaker go against Prime Minister in last 60 years.
Even if they are punished after 1 week or 1 month the punishment is cancelled.

Any complaint inquired by Lokpal cannot be referred to Commission of Inquiry Act.

Under the bill, the Chairperson and members of Lokpal shall be appointed on the recommendations of a committee consisting of the Vice President as its Chairman, Prime Minister, Lok Sabha Speaker, Home and Law Ministers and Leaders of Opposition in both Houses of Parliament.



The Leader of the House, other than the House in which the Prime Minister is a Member of Parliament, will also be a member.

SM – To whom politicians will appoint as Lokpal,
today we see that who gets the government land, government flat, government contracts.

Only family members or friends get the benefit from Government and politicians.
You can even see who is appointed as Information Commissioner,
the people who are friends of politicians.

Who is appointed as CVC chief who are friends of politicians.

No sitting judge of the Supreme Court or Chief Justice of a High Court shall be appointed without consultation with the Chief Justice of India.

The Chairperson and members will ineligible to hold other offices like an MP or MLA, office of trust or profit. They shall also severe their connection with any political party or conduct and management of business. They should also cease to practice any profession.

The Chairman and members will office for a period of three years or till they attain the age of 70 and shall be appointed by the President of India.

They can be removed by the President on the grounds of misbehaviour or incapacity proved by an inquiry made by a committee consisting of the Chief Justice of India and two other judges of the apex court next to the CJI in seniority.

The Chairman or the members have to be informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges.

After Reading you already got it all that this Lokpal Bill is useless and toothless and current draft of Lokpal bill will fail to stop the corruption in India.

Lokpal will work as Advisory Body.

We already got CVC and CAG which are advisory bodies.
We do not need any new Lokpal to give advice to the Government it will be waste of tax payer’s money.

Today Police complaint is not filed by saying that CBI is doing inquiry.
Once Lokpal is their they will say first let finish the inquiry of Lokpal then CBI inquiry, then JPC and then police complaint will be filed and until that period India will come to know that accused person left India or he dies peacefully after enjoying the life with the money earned by doing corruption.

Like this there will be no punishment to any politician.

The Lokpal Bill 2010 does not speak about accountability of Lokpal.

For me if this Bill is passed it will again create one more agency which will obey Prime Minister of India and all politicians will keep earning money.

Don’t know what will be the Job of Lok Pal?

If you are reading this I am sure you got my point.

There are chances Lokpal will become another tool , another government employee to delay the criminal charges against politicians.

CVC will limit itself to probing bureaucrats while the Lokpal will not look beyond the politicians.
Lokpal and CVC will fight with each other on one or another reason.


How corruption happens?

Government Babu + Politician = Loot of National Property, that is corruption.

Babu means government employee

We want strong Lokpal with powers whom Politicians and Government Babus will fear.

As a citizen of India I think Lokpal should get the following powers.

1. Lokpal will not need permission from anyone to file a complaint against any politician including Prime Minister or any one.

2. Lok Pal will get the team of number of people to help him to solve each case.

3. Lok Pal will get the power to summon or arrest anyone without permission from anyone.

4. Lok pal will report to Supreme Court of India or the Panel of 11 Retired Supreme court Judges day to day Basis who will monitor his activity and can dismiss Lok Pal if found he is not following law.

5. Lok Pal will provide the protection to witnesses with unlimited budget to save their lives from criminal people.

6. Lok Pal can give awards to people who will report corruption to him.

The Indian Lokpal is synonymous to the institution of Ombudsman existing in the Scandinavian countries.
The office of the ombudsman originated in Sweden in 1809 A.D

Ombudsman is a Swedish word that stands for "an officer appointed by the legislature to handle complaints against administrative and judicial action.

In the Scandinavian countries (Sweden, Denmark, Finland, Norway) he is called the 'Ombudsman'. He can take cognizance of the citizens' grievance by either directly receiving complaints from the public or suo motto on the basis of information provided by the interested persons, or from newspapers, etc

The ombudsmen can investigate a complaint by themselves or through any public or private agency. After investigation, in Sweden and Finland, the Ombudsman has the power to prosecute erring public servants

Reality Views by sm –
Thursday, January 27, 2011

20 comments:

DEVIL'S BLOG January 27, 2011  

Hi SM, I agree with you if lokpal is not granted with mentioned power it will become another puppet to government wasting valuable tax from masses

sm,  January 27, 2011  

DEVIL'S BLOG,,
thanks.

Tanishka January 27, 2011  

Totally agree with you... Either lokpal should be made with enough power or they better don't make it...

Jon January 27, 2011  

i have reservations in apointing the judges

We can't even ensure their cleanliness and here in Kerala, the HC judges makes political comments that are flabbergasting



But in an era of total corruption it seems like a straw fpr a sinking system

sm,  January 27, 2011  

Tanishka,,
thanks.

sm January 27, 2011  

Jon,,
thanks.
If law is made without loopholes no one can misuse that law.
Our laws are always made with the loop holes so corrupt will be saved.

Shilpa,  February 04, 2011  

Totally agree with you

Eagleeye47 March 11, 2011  

It's time to discuss & debate the Lok Pal bill in public as well as parliament. Seal all loopholes & enact the same as early as possible.
It time to rise & fight corruption face to face.

sm March 11, 2011  

Eagleeye47,,
thanks.

Anonymous,  April 06, 2011  

its time for all of us to stand with Anna Hazzare to support him to make pressure on indian govt.lets see the response of Opposition that they support the bill

sm,  April 06, 2011  

Anonymous,,
thanks.

Anonymous,  April 08, 2011  

aaa

Anonymous,  April 08, 2011  

WE ALL ARE WITH ANNA HAJARE!
Entire India expecting from him another movement for fixing Munimum Educational Qualifications on respective subjects for contesting for MLAs or MPs.

SM April 08, 2011  

Anonymous,,
thanks.

shraddha singh June 22, 2011  

it must be empossed to govern a democratic nations

sm,  June 22, 2011  

shraddha singh,,
thanks.

Indian (ungalil oruthi),  June 29, 2011  

I agree with anonymous. Anna hazare should take another powerful action. The lokpal bill should be passed with enough power to achieve no corruption in our India.

sm,  June 29, 2011  

Indian (ungalil oruthi),,
thanks.

Anonymous,  August 23, 2011  

THE CORRUPTION WILL REMAIN IN INDIA TILL UN- DESERVE/UNQUALIFIED PEOPLE WILL GET PROMOTIONS/JOBS UNDER RESERVATION CATEGORY. INDIA

Anonymous,  August 23, 2011  

I HATE TO BE INDIAN UNDER RESERVATION POLICY.

IF LIKE THIS 1000 OF ANNA HAJARE WANT TO CHANGE INDIA FATE CAN NOT BE CHANGED. FIRST YOU HAVE TO REMOVE REMOVE RESERVATION POLICY. A DOCTOR CAN NOT BE HONEST IF HE PAID 1.6 crore TO BECOME MD IN ANY FIELD APART FROM HIS 90% MARKS AGAINST HIS COUNTER PART OF 45%. FIRST OF ALL SEE THE ROOT CAUSE.