...JANA LOKPAL The word Lokpal has been derived from the Sanskrit words "Lok" meaning People and "pala" meaning caretaker. Therefore, the word Lokpal means "caretaker of people". Mr. Shanti Bhushan proposed the first Lokpal Bill in 1968 and got it passed in 4th Loksabha but failed in Rajya Sabha in the year 1969. Thereafter, Lokpal Bill was introduced in 1971, 1977, 1985, 1989, 1996, 1998, 2001, and 2005 and in 2008 but was never passed and is still pending in Parliament. Under the Lokpal Bill there is a provision for filing complaints with the Ombudsman against the Prime minister, other ministers and Member of Parliament. This was for removing the sense of injustice from the minds of citizens and to install public confidence in the efficiency of the administrative machinery by completing the investigations regarding corruption within a year. Whenever the Lokpal bill was introduced to the House, it was referred to a joint committee of Parliament or a departmental standing committee of the Home ministry for further improvements and every time before the Government could take a final stand on the bill, the house was dissolved. Anna Hazare, a social activist alongwith his team fought for this bill to get passed and did it on December 27, 2011. However, his team and other political parties claimed that the bill is weak and would not serve its intended purpose. Therefore, the proposed bill by the ruling Congress Party is yet to get acceptance from the Rajya Sabha. On December 29...
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...The word Lokpal was coined in 1963 by L.M. Singhvi, a Member of Parliament during a debate in Parliament about grievance redressal mechanisms. His son Dr. Abhishek Singhvi was head of the Parliament standing committee reviewing the bill[8] but later resigned from the post after a sex-tape controversy.[9] In order to bring to the attention of the government, the importance of enacting this bill, a focused campaigning was started in the form of the India Against Corruption (IAC) movement. Anna Hazare is heading core members of civil society and IAC movement. Being a foreground for Jan Lokpal campaign, IAC has also set up a website www.indiaagainstcorruption.org to encourage suggestions and objections from citizens across India.[7] Through these collaborative efforts till August 2011, IAC was able to upload the 23rd version of Jan Lokpal Bill draft.[10] Lokpal Bill The Lokpal Bill was first introduced by Shanti Bhushan in 1968[11] and passed the 4th Lok Sabha in 1969. But before it could be passed by Rajya Sabha, the Lok Sabha was dissolved and the bill lapsed.[12] Subsequent versions were re-introduced in 1971, 1977, 1985, 1989, 1996, 1998, 2001, 2005 and in 2008,[13] but none of them were passed. In 2011, during the Parliament's Winter Session, the Lok Sabha passed the controversial Lokpal Bill, but it was subsequently turned down in the Rajya Sabha.[14] Timeline and cost The Lokpal Bill has been introduced in the Parliament a total of eight times since 1968. * 1968 – 3 lakh[15]...
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...LOKPAL BILL Submitted to: Mr Ashok Mehta Submitted by: Ms Niharika Sacheti, B.A.-L.L.B. (Hons) 3rd semester Jaipur National University CONTENTS * Introduction * Origin of Lokpal * Why the need of Lokpal * History * The Lokpal Bill, 2011 * Powers of Lokpal * Advantages * Loopholes of Lokpal * Jurisdiction * Birth of Jan-Lokpal * Differences between Lokpal and Jan Lokpal * My Views: a. Should PM be under the purview of Lokpal b. Should Judiciary be under the purview of Lokpal c. Should CBI be under the purview of Lokpal d. Should Bureaucrats be under the purview of Lokpal Introduction: A Lokpal is a proposed ombudsman (Legal Representative) in India. The word is derived from the Sanskrit word "lok" (people) and "pala" (protector/caretaker), or "caretaker of people." Origin of Lokpal: The basic idea of the Lok Pal is borrowed from the office of ombudsman in Scandinavian (Sweden, Denmark, Finland, Norway) countries. The office of the ombudsman originated in Sweden in 1809 A.D. Ombudsman is a Swedish word and refers to an official whose job is to investigate complaints from the public against government officers, who is appointed by the parliament to dispose of cases relating to the executive and the judiciary. Similar institutions were established after that in many democratic republican countries as safeguards against the attitude of officials and higher government's...
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...Raffles University LOKPAL AND LOKAYUKTA “Power doesn’t corrupt people, People corrupt power.” William Gadias Introduction The idea of creating an anti corruption ombudsman, in the form of a Lokpal, was first conceptualized in 1968 in the fourth Lok Sabha. Thereafter in 1971, 1977, 1985, 1989, 1996, 1998 and 2001 efforts were made to enact legislation to create the institution of Lokpal, but these efforts remained unsuccessful. Over the last few years the issue of enacting a law to create Lokpal has seen active citizen engagement. Continued civic engagement with the issue resonated with the government and the legislature and led to the passing of the Lokpal Bill in the recently concluded winter session of Parliament. The bill has received parliament's assent on 01 Jan 2013. This has been one of the few pieces of legislation in recent years which has been extensively debated publicly and received in depth parliamentary scrutiny. Before the bill was introduced in parliament, a joint committee made up of government and civil society representatives had made an attempt to draft the Bill. This effort remained inconclusive and the government introduced a Bill drafted by it in Lok Sabha. This Bill was examined by the Parliamentary Standing Committee on Law and Justice and passed by the Lower House in 2011. The Bill was then referred to a Select Committee of Rajya Sabha. Based on the recommendations of the Select Committee, the government made amendments to the Bill before it was passed...
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...Jan Lokpal Bill : A Critique Submitted as per course requirement of Law and Social Transformation SUBMITTED TO: SUBMITTED BY: Dr. A.Jayagovind Umashankar Mishra Faculty for Law and Social Transformation I.D. 505 NLSIU, Bangalore LL.M. [1st year] Business law NATIONAL LAW SCHOOL OF INDIA UNIVERSITY BANGALORE Acknowledgement I have endeavored to attempt this project. However, it would not have been feasible without the valuable support and guidance of Dr.Jayagovind. I would like to extend my sincere thanks to him. I am also highly indebted to National Law School of India University Library Staff, for their patient co-operation as well as for providing necessary information & also for their support in completing this project. My thanks and appreciations also go to my colleagues who gave their valuable insight and help in developing this project. Aim: ...
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...AFFAIRS HANDOUT NO 13 LOKPAL BILL 1. Background. (a) The Administrative Reforms Commission (ARC) while recommending the constitution of Lokpal was convinced that such an institution was justified not only for removing the sense of injustice from the minds of adversely affected citizens but also necessary to instill public confidence in the efficiency of the administrative machinery. Following this, the Lokpal Bill was for the first time presented during the fourth Lok Sabha in 1968, and was passed there in 1969. However, while it was pending in the Rajya Sabha, the Lok Sabha was dissolved, and so the bill was not passed at that time. (b) The bill was revived in 1971, 1977, 1985, 1989, 1996, 1998, 2001, 2005, 2008 most recently in 2011. Each time, after the bill was introduced to the house, it was referred to some committee for improvements a joint committee of parliament, or a departmental standing committee of the Home Ministry, and before the government could take a final stand on the issue, the house was dissolved. Several flaws have been cited in the recent draft of the Lokpal Bill. Meanwhile the activists of India Against Corruption (IAC) have prepared a draft for the bill called Jan Lokpal Bill. 2. Composition of Lokpal. The Lokpal will be a three member body with a chairperson who is or was a chief justice or Supreme Court judge, and two members who are or have been high courts judges or chief justices. The basic framework of the Lokpal is borrowed from ...
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...JAN LOKPAL BILL A DETAILED ANALYSIS Ver 1.0 Dated: 21 August 2011 Published by India Against Corruption Jan Lokpal Bill, A Detailed Analysis TABLE OF CONTENTS Why do we need Jan Lokpal?................................................................... 4 a. c. Lack of Independence....................................................................................... 4 Multiplicity of agencies..................................................................................... 5 b. Powerless.......................................................................................................... 4 d. Lack of Transparency and internal accountability............................................. 5 Structure of Lokpal................................................................................. 7 a. Independence of Jan Lokpal and Jan Lokayukta................................................... 7 (i) Administrative independence........................................................................ 7 (ii) Financial independence................................................................................. 7 (iii) Manpower..................................................................................................... 7 b. Single anti-corruption agency.............................................................................. 7 c. No more advisory bodies..................................................................................... 8 What action will be...
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...Lokpal Bill fiasco Lokpal is an independent ombudsman body (Legal Representative) in India which will deal with the corruption. It was first introduced in 1968 in the Loksabha(Lower house) by Shanti Bushan.But it failed to pass in the Rajyasabha(Upper house).Eight futile attempts were made to pass the bill since the introduction. Another attempt was made by UPA II on 27th December 2011, which was passed in Loksabha but it is pending with Rajyasabha. Congress passed the bill in the Loksabha with the help of SP and BSP walking out, showing their opposition with the intention to help the government to pass the bill by reducing the required vote. Many amendments were raised by main opposition party BJP and the left but none of them succeeded in getting them passed because Congress was adamant in accepting the opposition's demands. As the bill passed in the Loksabha it was placed before the Rajyasabha where the Congress is minority which was forced to accept the amendments. Here the largest ally TMC opposed the bill and introduced the amendments. Two amendments were taken in hand by most of the opposition parties. One for autonomy of the CBI and the other for the creation of Lokayukta in states should be left with the state governments. If the Congress accepts the amendments in the Rajyasabha then the bill needs to be placed again in the Loksabha for the approval, so that the bill cannot be passed in the winter session. If the bill was put to vote in the current form then sure...
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...October 2011: 1 | | Cabinet approves Bill to share mining profits | * Mines and Mineral Development and Regulation (MMDR) Bill, 2011 * Provides for mining companies to keep aside 26% of their net profits for a Mineral Development Fund to be used for development and rehabilitation of project-affected people in the tribal areas of the country * For the non-coal companies, amount will be equivalent to the royalty they pay * Appointed a regulatory body for overseeing the functioning of the mining sector and measures to tackle illegal mining | Maoist problem in West Bengal | * In Jangalmahal region of West Bengal * Maoists: Operations by security forces and peace talks cannot go together. | Yasin Malik's arrest sparks protests | * After police detained JKLF chairman Mohammad Yasin Malik for taking out a rally against the death sentence awarded to Afzal Guru | Court allows export of unused endosulfan | * SC has allowed the export of unused stock of endosulfan. * But the ban on use and production of the pesticide will continue | FDI in beekeeping | * GOI allowed 100 per cent FDI in beekeeping, also known as ‘apiculture' under automatic route * Other areas in which the permission has already been given: * Plantation * Horticulture * Seeds * Cultivation of vegetables and mushrooms * Animal husbandry * Pisciculture * Aquaculture | 2 | | Neelima's application for visa rejected | * American Consulate in Mumbai rejected Magsaysay...
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...THE YEAR THAT WAS(2011-12) In a year marked by mass protests, the awakening that swept the Arab world stood out. The Arab spring was sparked by rallies in Tunisia that followed the self-immolation in late 2010 of a young market worker angered by police harassment. He died in hospital in January, prompting thousands to take to the streets in sometimes violent clashes that forced the long-time president, Zine el-Abidine Ben Ali, to flee to Saudi Arabia. Emboldened by the outcome in Tunisia, protesters soon rose up in other Arab countries. Hundreds of thousands of Egyptians filled the centre of Cairo and camped in Tahrir Square to call for Hosni Mubarak to step down. After three decades in power, Mr Mubarak withstood only three weeks of strife. Although frail, he eventually stood trial (due to resume soon) for the deaths that occurred when his security forces tried to quash the protests. Elsewhere, Yemen’s president fled in June and eventually signed a transition deal to end his 33-year reign; Saudi troops helped to put down unrest in Bahrain; and reform was embraced in Morocco and Jordan. But the Arab spring was met with stiff resistance in Syria, where protests were brutally put down by Bashar Assad’s regime, resulting in over 7,000 deaths so far. In Libya Muammar Qaddafi caused a civil war after he tried to crush an opposition movement that spread from Benghazi. NATO aircraft enforced a no-fly zone, endorsed by the Arab League, in support of the rebels. After a summer of conflict...
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...Arvind Kejriwal (born 16 August 1968) is an Indian politician and former civil servant who was the 7th Chief Minister of Delhi from 28 December 2013 to 14 February 2014. He is the National Convener of the Aam Aadmi Party (AAP). Kejriwal is a Mechanical Engineering graduate of the Indian Institute of Technology Kharagpur and worked for the Indian Revenue Service (IRS) as a Joint Commissioner in the Income Tax Department. In 2006, Kejriwal was awarded the Ramon Magsaysay Award for Emergent Leadership recognising his involvement in a grassroots movement (Parivartan) using right-to-information legislation in a campaign against corruption. The same year, after resigning from the IRS, he donated his Magsaysay award money as a corpus fund to found the Public Cause Research Foundation, a non-governmental organisation (NGO). In 2012, he launched the Aam Aadmi Party, and defeated Chief Minister Sheila Dikshit in the 2013 Delhi Legislative Assembly election. Following the election, he took office as the Chief Minister of Delhi on 28 December 2013. He resigned 49 days later, on 14 February 2014, stating he did so because of his government's inability to pass his proposed anti-corruption legislation due to a lack of support from other political parties. Early life Kejriwal was born in a middle-class family in Siwani, Bhiwani district, Haryana on 16 August 1968, the first of the three children of Gobind Ram Kejriwal and Gita Devii. His father was an electrical engineer who graduated...
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...The role of NGOs in economics and politics NGO’s are non government organizations. They work for welfare of people without any greed of money or profit. · Politicians barely do anything for the country. NGO’s are there to fill those gaps. · They are well known as building blocks of the global community and as contributors to economic production, employment, institutional innovation, and technology. · They work for the people and enjoy support of a lot of people. They support people and work represents their voice. · In most cases NGO’s prove to handle issues much better than the government, however, they cannot replace the government. · Even today, unfortunately there many NGO’s that produce fake papers and work and take support from government. · If NGO’s can work for people’s interest without any intention of money and profit, they can be a better substitute of the government. China market - a threat to Indian market China has always been compared to India in terms of population and technological advancements. China undoubtedly has a humongous software market, but is definitely not a threat. · India has its own unique power and intelligence. · Indian IT companies have captured Asia and Japan as well. · India is becoming one of the world’s largest internet and mobile user’s country. · India’s mobile market is growing by leaps and bounds. · Most countries prefer employees from India rather than China because of communication barrier. English is spoken...
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...and Transparency in Land Acquisition, Rehabilitation and Resettlement (Second Amendment) Bill, 2015 Highlights of the Bill The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (Second Amendment) Bill, 2015 was introduced in Lok Sabha on May 11, 2015. It was referred to a Joint Parliamentary Committee on May 12, 2015. The Committee is expected to submit its report by the first week of Monsoon Session, 2015. Recent Briefs: The Juvenile Justice (Care and Protection of Children) Bill, 2014 April 20, 2015 The Railways (Amendment) Bill, 2014 February 13, 2015 Mandira Kala mandira@prsindia.org Prachee Mishra prachee@prsindia.org July 17, 2015 This Bill amends the principal Act passed in 2013. The Bill enables the government to exempt five categories of projects from the requirements of: (i) social impact assessment, (ii) restrictions on acquisition of multi-cropped land, and (iii) consent for private projects and public private partnerships (PPPs) projects. The five categories of projects are: (i) defence, (ii) rural infrastructure, (iii) affordable housing, (iv) industrial corridors, and (v) infrastructure including PPPs where government owns the land. The Act would apply retrospectively, if an award had been made five years earlier and compensation had not been paid or possession not taken. The Bill exempts any period when a court has given a stay on the acquisition while computing the...
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...ETHICS – PROBITY IN PUBLIC LIFE Integrity and probity in public life are the standards that society expects those elected or appointed to public office to observe and maintain in the conduct of the public affairs to which they have been entrusted. These standards are what safeguard the nation from corruption by politicians and public officials who have been given almost unrestricted access to public resources together with the power to take decisions that impact on the lives of everyone and the nation as a whole. It follows that those in positions of power can use these positions to take decisions that are solely in the public interest or they can use them to benefit themselves, friends, and in the case of politicians, their party supporters to the exclusion of others. There is mounting evidence, documented by Transparency International among others, that given their privileged position those in power can and sometimes do inflict immense, often irreparable, damage on the country by acting in any other than in the public interest. This, essentially, is the rationale for the legislative and other measures that countries take to govern the behaviour of their public officials. The absence of integrity and probity in public life is manifested in corruption which is a worldwide phenomenon. But its impact is strongest and most pervasive in small states that already suffer from all the known disadvantages that characterise smallness such as unfavourable economies of scale, high per...
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...Contradiction Ahmed, Herzog 06.11.2012 Points worth noting • High % of young population (< 35 yrs) • Rapidly growing working age population • Rising level of general education & literacy • Infrastructure & transport investments • Removal of labor regulations Ahmed, Herzog 06.11.2012 Corporate governance in India • Clause 49, Birla Committee: board, board procedures, reporting, shareholder rights • India-specific legal form of companies: • Joint Hindu Family Business • Co-operatives • FI control • JV • private limited company Ahmed, Herzog 06.11.2012 Corruption • More than 62% had first-hand experience of paying bribes • 95th out of 178 countries in Transparency International's Corruption Perceptions Index (2011)...
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