...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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...By Agam H Maloo 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...
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...Jan Lokpal Bill The Jan Lokpal Bill (Citizen's ombudsman Bill) is a draft anti-corruption bill drawn up by prominent civil society activists seeking the appointment of a Jan Lokpal, an independent body that would investigate corruption cases, complete the investigation within a year and envisages trial in the case getting over in the next one year. Drafted by Justice Santosh Hegde (former Supreme Court Judge and present Lokayukta of Karnataka), Prashant Bhushan (Supreme Court Lawyer) and Arvind Kejriwal (RTI activist), the draft Bill envisages a system where a corrupt person found guilty would go to jail within two years of the complaint being made and his ill-gotten wealth being confiscated. It also seeks power to the Jan Lokpal to prosecute politicians and bureaucrats without government permission. Retired IPS officer Kiran Bedi and other known people like Swami Agnivesh, Sri Sri Ravi Shankar, Anna Hazare and Mallika Sarabhai are also part of the movement, called India Against Corruption. Its website describes the movement as "an expression of collective anger of people of India against corruption. We have all come together to force/request/persuade/pressurize the Government to enact the Jan Lokpal Bill. We feel that if this Bill were enacted it would create an effective deterrence against corruption."Anna Hazare, anti-corruption crusader, began a fast-unto-death today, demanding that this bill, drafted by the civil society, be adopted. The website of the India Against Corruption...
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...This is a summary of a paper presented at the 28th Annual Conference of the Association for Research on Nonprofit Organizations and Voluntary Action in November 1999. This paper was submitted to the peer-reviewed academic journal Nonprofit and Voluntary Sector Quarterly for consideration. ¬¬¬¬¬¬¬¬¬¬¬¬¬¬_______________________ Nonprofits’ Use of the Media in the Influence of Public Policy: Is there a correlation between exposure in the media and positive results? DAVID A. RICE STRATEGIC POLICY CONCEPTS Abstract: The extent to which interest groups and the media influence policymakers has been a popular topic of research. However, there has been little research on interest groups’ attempts to use the media for the specific purpose of influencing policymakers. This paper examines the attempts of nonprofit advocates in Massachusetts to use the media to influence public policymaking. The research was conducted through a survey of policymakers, the media, and registered lobbyists for nonprofit and for-profit interest groups in Massachusetts. The results of the survey indicate that the majority of nonprofit advocates do not use the media as a tactic to influence policymakers primarily because they do not believe policymakers are very influenced by the media. The results also found that policymakers would view nonprofit advocates as being more influential if they frequently obtained media coverage of the issues important to them. The paper posits that...
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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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...The Lokpal Bill, 2011, also referred to as The Lokpal and Lokayuktas Bill, 2011, is a proposed anti-corruption law in India which "seeks to provide for the establishment of the institution of Lokpal to inquire into allegations of corruption against certain public functionaries and for matters connecting them". The bill was tabled in the Lok Sabha on 22 December 2011 and was passed by the house on 27 December 2011 as The Lokpal and Lokayuktas Bill, 2011. The bill was subsequently tabled in the Rajya Sabha on 29 December 2011. After a marathon debate that stretched until midnight of the following day, the vote failed to take place for lack of time.[11] On 21 May 2012, the bill was referred to a Select Committee of the Rajya Sabha for consideration. The bill was introduced in parliament following massive public protests led by anti-corruption crusader Anna Hazare and his associates.[12] The bill is one of the most widely discussed and debated bills in India, both by the media and the People of India at large, in recent times.[13] The protests were named among the "Top 10 News Stories of 2011" by the magazine Time.[14][15] The bill received worldwide media coverage.[16][17][18] Corruption is an emotional issue in India, where at least 12 whistle-blowers were killed and 40 assaulted after seeking information under a new Right to Information Act aimed at exposing local graft, according to data compiled by Bloomberg L.P. from January 2010 through mid-October 2011. Enacted by...
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...They had only one thing in common… William Lowell Kane and Abel Rosnovski, one the son of a Boston millionaire, the other a penniless Polish immigrant – two men both born on the same day on opposite sides of the world, their paths destined to cross in the ruthless struggle to build an empire. An unputdownable tale, spanning sixty years, of two powerful men kinked by an all consuming hatred, brought together by fate to save… and finally destroy… each other. Not only does this book have many pages (550) but there is so much storyline crammed onto every page that you feel you are reading several books, not just one. At no point does the storyline let up; it never drags or loses the pace for a moment. I would say a lot of the story is descriptive rather than dialogue, but this suits the style of the book as you are taken through various decades and different parts of the world. The book follows the two main characters from birth through their lives, dedicating alternative chapters to each character. Some chapters are quite long, so you forget what has been happening with the other character when you return to him, but other chapters are so compelling that you don’t want to leave that character’s story line for one chapter. What I liked about this book: I really enjoyed this book from start to end but I think my favourite part is Abel’s early life. He was born in a Poland controlled by Russia and then during the First World War he was held captive, suffering at the...
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...15.08.2011 हजारे का ऐलान 16 अगस्त से फिर अनशन नयी दिल्लीः लोकपाल विधेयक का आम सहमति वाला साझा मसौदा तैयार करने की सरकार और अन्ना हज़ारे पक्ष की कोशिशें विफल साबित हुईं. संयुक्त मसौदा समिति की अंतिम बैठक के बाद गांधीवादी हज़ारे ने ऐलान किया कि वह ‘सरकार को सबक सिखाने के लिये’ 16 अगस्त से फिर अनशन करेंगे. दो महीने में मसौदा समिति की नौ बैठकें होने के बाद भी दोनों पक्षों के बीच मूल मुद्दों पर सहमति नहीं बन पायी. सरकार ने जोर दिया कि वह ऐसी ‘समानांतर सरकार बनने नहीं दे सकती जो किसी के प्रति भी जवाबदेह नहीं हो.’ सरकार के मसौदे में प्रधानमंत्री, उच्च न्यायपालिका और संसद के अंदर सांसदों के आचरण को लोकपाल के दायरे में लाने का कोई जिक्र नहीं है. बहरहाल, सरकार के मसौदे में लोकपाल को अर्ध-न्यायिक दर्जा देने, संपत्ति कुर्क का अधिकार देने, स्वतंत्र तरीके से अभियोजन चलाने और पुलिस जैसे पूर्ण अधिकारों के साथ जांच मशीनरी देने के प्रावधानों का उल्लेख है. कई बैठकों में हुई बातचीत के बाद सरकार और हजारे पक्ष लोकपाल के आठ मुद्दों में से किसी पर भी आम सहमति बना पाने में नाकाम रहे. सरकार के मसौदे में कहा गया है कि लोकपाल के अधिकार क्षेत्र में प्रधानमंत्री और सांसदों को छोड़कर अन्य केंद्रीय मंत्री रहेंगे. मसौदे में कहा गया है कि सांसदों के खिलाफ़ विशेष तौर पर ऐसे किसी भी आरोप को लोकपाल की जांच के दायरे में नहीं लाया जायेगा जो संसद में अपनी बात रखने या मतदान करने से संबंधित हों. केंद्र के मंत्रियों ने कहा कि संसद के भीतर सांसदों के आचरण को लोकपाल के अधिकार क्षेत्र में लाना संविधान के तहत उनको मिले संरक्षण का उल्लंघन होगा. मानव संसाधन विकास मंत्री कपिल सिब्बल ने कहा, प्रधानमंत्री अब भी भ्रष्टाचार...
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...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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...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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...The Jan Lokpal Bill (Citizen's ombudsman Bill) is a draft anti-corruption bill drawn up by prominent civil society activists seeking the appointment of a Jan Lokpal, an independent body that would investigate corruption cases, complete the investigation within a year and envisages trial in the case getting over in the next one year. Drafted by Justice Santosh Hegde (former Supreme Court Judge and former Lokayukta of Karnataka), Prashant Bhushan (Supreme Court Lawyer) and Arvind Kejriwal (RTI activist), the draft Bill envisages a system where a corrupt person found guilty would go to jail within two years of the complaint being made and his ill-gotten wealth being confiscated. It also seeks power to the Jan Lokpal to prosecute politicians and bureaucrats without government permission. Retired IPS officer Kiran Bedi and other known people like Swami Agnivesh, Sri Sri Ravi Shankar, Anna Hazare and Mallika Sarabhai are also part of the movement, called India Against Corruption. Its website describes the movement as "an expression of collective anger of people of India against corruption. We have all come together to force/request/persuade/pressurize the Government to enact the Jan Lokpal Bill. We feel that if this Bill were enacted it would create an effective deterrence against corruption." Anna Hazare, anti-corruption crusader, went on a fast-unto-death in April, demanding that this Bill, drafted by the civil society, be adopted. Four days into his fast, the government...
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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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...The Lokpal Act, 2013 is an anti-corruption Act of Indian Parliament in India which "seeks to provide for the establishment of the institution of Lokpal to inquire into allegations of corruption against certain public functionaries and for matters connecting them". SPECIAL COURTS AND ADVOCATES HAVE BEEN ESTABLISHED TO HANDLE THE CASE SO THAT THEY GET RESOLVED FAST. It will strengthen the power of the judiciary in India by inducing a fear for the law in the minds of all public servants. There are several deficiencies in our anti-corruption systems because of which despite overwhelming evidence against the corrupt, no honest investigation and prosecution takes place and the corrupt are hardly punished. Our anti-corruption agencies have basic structural deficiencies because of which they are incapable of doing any honest investigations. So with this regards as well as with the increase in the levels of corruption in the political class, such an act is welcome and comes as a relief to Indians. SPECIAL COURTS TO BE CONSTITUTED BY CENTRAL GOVERNMENT The Central Government shall constitute such number of Special Courts, as recommended by the Lokpal, to hear and decide the cases arising out of the Prevention of Corruption Act, 1988 or under this Act. Provided that in case the trial cannot be completed within a period of one year, the Special Court shall record reasons there for and complete the trial within a further period of not more than three months or such further periods...
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...General Awareness Topics: 2013 Telangana Why Telangana 1. There are 10 districts in Telangana, 9 in Andhra and 4 in Rayalaseema. Out of these Districts, 7 are in Telangana, 3 are in Andhra and 1 in Rayalaseema are considered as severely backward districts which means 70% of districts in Telangana are backward while in Andhra it is 35% and in Rayalaseema it is 25%. Apart from these there are some areas in all parts of the state which are also backward. 2. 45% of the state income comes from Telangana region. When it comes to utilization of funds, the share of Telangana is only 28%. 3. Two major rivers Krishna and Tungabhadra enter the state of AP in the district of Mahaboobnagar (the biggest district in Telangana) but the district always remains the worst draught hit areas along with Anantapur because there is no project and process with which the water can be utilized. The plan for utilization has been pending for decades. 4. In Telangana regions, only few areas cultivate one crop a year and very rarely two crops a year while most of the land doesn't even cultivate single crop. In both the Godavari districts, Krishna and Guntur district, two crops a year is common and there are times where even 3 crops a year are cultivated. The only reason is WATER. 5. Not even a single project was completed in Telangana in the last 5 years while several projects were completed in Andhra and Rayalaseema. Not just Telangana but areas of Northern Andhra, Prakasham and parts of Rayalaseema are...
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...Anna, Kejriwal settle dispute over IAC fund | | Kejriwal had offered a cheque more than once to Hazare after differences erupted over the issue of forming a political party | Sreelatha Menon / New Delhi September 23, 2012, 18:20 IST | | The funds collected by the India Against Corruption as part of the anti-corruption campaign may not come between Anna Hazare and Arvind Kejriwal as both sides have indicated that while Kejriwal was willing to part with the money, Hazare wants to forgo it. A demand for the fund now deposited with the Public Cause Research Foundation of Arvind Kejriwal was made at a meeting attended by both sides after Anna announced his decision to have nothing to do with the party being launched by Kejriwal. However, Arvind Kejriwal’s supporters have clarified that Anna himself did not want it. A PTI report further said quoting sources that Kejriwal had offered a cheque more than once to Hazare after differences erupted over the issue of forming a political party. Kejriwal went to Ralegan Siddhi and offered a cheque but Hazare refused to take it. They said Hazare was of the view that they should try to get a copy of the volunteer's list. "They can give us a copy and keep one with them. What is the harm in it?" Hazare was quoted as saying. Kiran Bedi had also suggested at the same meeting that a new office should be found for India Against Corruption. A Kejriwal supporter said that Arvind Kejriwal did not want to be distracted by petty issues and...
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