Lokpal Bill History Duties

Total Page:16

File Type:pdf, Size:1020Kb

Lokpal Bill History Duties lokpal Bill After 42 years, the Jan Lokpal Bill is still pending in India. The first Lokpal 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, 2005 and in 2008, yet they were never passed and its pending.[1][2] The Lokpal Bill provides for filing complaints of corruption against the prime minister, other ministers, and MPs with the ombudsman. 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 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 so the bill was not passed at that time. The bill was revived in 1971, 1977, 1985, 1989, 1996, 1998, 2001, 2005 and most recently in 2008. 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.[3]Meanwhile the activists of India Against Corruption (IAC) have prepared a draft for the bill called Jan Lokpal Bill.[2] History The basic idea of the Lok Pal is borrowed from the office of ombudsman, which has played an effective role in checking corruption and wrong-doing in Scandinavian and other nations. In early 1960s, mounting corruption in public administration set the winds blowing in favour of an Ombudsman in India too. The Administrative Reforms Commission (ARC) set up in 1966 recommended the constitution of a two-tier machinery - of a Lokpal at the Centre, and Lokayukta(s) in the state Duties Prime Minister or a House of Parliament ² to whom a Lokpal sends its report holds that the allegations of corruption made in a complaint against the Prime Minister, or a Minister or MP (present or past) have not been proved, "notwithstanding anything contained in any other law", "no prosecution shall lie on any complaint, report, information or otherwise and no court shall take cognisance of any offence on the basis of the same or substantially the same allegations." The Lokpal is empowered to give directions for deferring or suspending any ongoing police investigations in matters covered by the complaints made to it. Criticism The Lokpal bill is intended to provide the common man with direct powers to censure his/her elected representative. However, every complainant has to pay a fees and take full responsibility for leveling charges. In case the complaint is found to be baseless, punitive action extending to two years in jail and monetary fine of up to Rs.50,000 may be imposed on the complainant. Charges of corruption in the Indian legal system are not necessarily covered only under the uii. Regarding the constitution of the Lokpal, the Chairman of the Lokpal shall be from among past or present chief justices of Supreme Court. But the other two members of the Lokpal may also be from those qualified to be judges of the Supreme Court. The loose end left here makes countless many from India¶s entire judiciary eligible for the post including those who are also senior party politicians with legal background. Latest Development Anna Hazare, a Gandhian rights activist, has started a fast until death to demand the passing of the bill. Since the Government has responded positively with some minor changes in his demands ,Hazare on 9 April 2011 called off his hunger strike bringing to an end his 98-hour protest after government issued a gazette notification constituting a 10-member Joint Committee of ministers and civil society activists, including him, to draft an effective Jan Lokpal Bill. The Lokpal Bill is likely to be passed by 15 August 2011. 2011 Indian anti-corruption movement The 2011 Indian anti-corruption movement constitutes of a series of protests for the Jan Lokpal Bill (Citizen Ombudsman Bill) that sprang up across India especially after April 5, 2011. The protesters want the Government of India to draft a strong anti-graft Lokpal bill which follows the originally drafted bill and not the changes the government plans to bring in, which will make the Lokayukta just another advisory body with no actual power in the vast Indian bureaucracy. Following continuous calls in vain to the government to work effectively towards passing the bill, a renowned civil society activist and Gandhian, Anna Hazare, went on an indefinite hunger strike unto death until his demands in support of the bill were met. Anna demanded for a joint committee of civil society members and government representatives to draft a strong anti-graft bill.[1] The protests led to the creation of an unprecedented movement that saw protests being organised in various cities and towns of India. Protests included fasts, candlelight vigils and rallies. The protests are especially one of their kind in India as they have no political affiliation and the protesters have been very hostile to any political party trying to grab the initiative to meet its own political goals from the activists. The protests to some extent have similarities in methodologies to Jayaprakash Narayan's Bihar Movement (commonly called the JP Movement) of 1974.[2]There were also similarities to the methods and philosophies used in the 2011 Egyptian revolution and the Tunisian revolution, that have rocked the very foundations of governments in the Arab world. First Lokpal Bill draft meeting First Lokpal Bill draft meeting was held on 16 April 2011, Eight days after Gandhian Anna Hazare called off his fast demanding a stronger Lokpal law. The government has agreed to audio-recording of all meetings of the Lokpal Bill panel and to holding public consultations before a final draft of the anti-graft law is prepared. Next meeting will be held on 2 May 2011.[41] Anna Hazare insisted to telecast the live proceedings video, but government denied stating certain "drawbacks" of doing so and so the first meeting was held recording the audio for future references.[42] Jantar Mantar Anna Hazare started his fast unto death from 5 April 2011 at Jantar Mantar in Delhi, to press for the demand to form a joint committee of the representatives of the Government and the civil society to draft a new bill with more stronger penal actions and more independence to the Lokpal and Lokayuktas (Ombudsmen in the states), after his demand was rejected by the Prime Minister of IndiaManmohan Singh.[43] Jantar Mantar in a few days was filled with supporters demanding that the government enact the Bill as soon as possible. Some commentators called it India's Tahrir Square after the famous 2011 Egyptian revolution which centered around that Square in Cairo Government response Hazare's protest has led to the resignation of Agriculture Minister Sharad Pawar from the Group of Ministers on corruption after Anna took potshots at him.[49] On 8 April, the government started seriously considering the demands of the protesters. The government has stated that it will table the bill in the parliament in the upcoming Monsoon session.[50] On 9 April, the government finally agreed to have a 50:50 distribution of the Government appointed officials and the members of the civil society Peoples movement to root out corruption Swami Ramdev declared at Bangalore that a people's movement to liberate the country from rampant corruption and build a strong spiritual µBharat' would be launched by him in June [59]. He declared one of the main objectives of the movement was to bring about an end to corruption and bring back black money stashed away in various financial institutions in the country and abroad. Lokayukta From Wikipedia, the free encyclopedia The LokAyukta (also Lok Ayukta) is an anti-corruption ombudsman organization in the Indian states[1][2]. These institutions were to set up on the pattern of the institution of Ombudsman in Scandinavian countries and Parliamentary Commissioner for Investigation in New Zealand. The Administrative Reforms Commission(ARC) headed by Morarji Desai submitted a special interim report on "Problems of Redressal of Citizen's Grievances' in 1966. In this report, the ARC recommended the setting up of two special authorities designated as 'Lokpal' and 'Lokayukta' for the redressal of citizens' grievances. The LokAyukta helps people bring corruption to the fore mainly amongst the politicians and officers in the government service. It is to be noted that the LokAyukta conducts raids. But surprisingly, it does not have binding powers to punish anyone[3]. Owing to this, many acts of the LokAyukta have borne not enough fruit since the raided officers manage to free themselves from the clutches of the Indian Law[4] Indian political scandals An Indian political scandal commonly refers to some action by a politician deemed unacceptable in law or by custom, or which is held to be morally unacceptable to the politician's peers or the electorate. In almost all Indian political scandals, the politicians are not prosecuted. List of Indian political scandals This is a list of Indian political scandals, real or alleged. 2010 onwards 2G spectrum scam Adarsh Housing Society scam Commonwealth Games Scandal Satyam scandal 2000 - 2009 Ketan Parekh Scandal, Barak Missile Deal Scandal, Tehelka Scandal (2001) Taj corridor case (2002±2003) Telgi scandal (2003) Nitish Katara Murder Case (2004) Oil-for-food programme scam (Natwar Singh) (2005) Jessica Lal case (2006) Human Trafficking Scam involving Babubhai Katara Cash-for-votes scandal Madhu Koda, laundering money worth over Rs.
Recommended publications
  • Anti-Corruption Movement: a Story of the Making of the Aam Admi Party and the Interplay of Political Representation in India
    Politics and Governance (ISSN: 2183–2463) 2019, Volume 7, Issue 3, Pages 189–198 DOI: 10.17645/pag.v7i3.2155 Article Anti-Corruption Movement: A Story of the Making of the Aam Admi Party and the Interplay of Political Representation in India Aheli Chowdhury Department of Sociology, Delhi School of Economics, University of Delhi, 11001 Delhi, India; E-Mail: [email protected] Submitted: 30 March 2019 | Accepted: 26 July 2019 | Published: 24 September 2019 Abstract The Aam Admi Party (AAP; Party of the Common Man) was founded as the political outcome of an anti-corruption move- ment in India that lasted for 18 months between 2010–2012. The anti-corruption movement, better known as the India Against Corruption Movement (IAC), demanded the passage of the Janlokpal Act, an Ombudsman body. The movement mobilized public opinion against corruption and the need for the passage of a law to address its rising incidence. The claim to eradicate corruption captured the imagination of the middle class, and threw up several questions of representation. The movement prompted public and media debates over who represented civil society, who could claim to represent the ‘people’, and asked whether parliamentary democracy was a more authentic representative of the people’s wishes vis-à-vis a people’s democracy where people expressed their opinion through direct action. This article traces various ideas of po- litical representation within the IAC that preceded the formation of the AAP to reveal the emergence of populist repre- sentative democracy in India. It reveals the dynamic relationship forged by the movement with the media, which created a political field that challenged liberal democratic principles and legitimized popular public perception and opinion over laws and institutions.
    [Show full text]
  • Lokpal Bill: Lessons from Tion Agencies
    View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by ePrints@APU COMMENTARY legislated on, and constituted anti-corrup- Lokpal Bill: Lessons from tion agencies. Orissa was the first state to legislate on this matter (1970),1 while the Karnataka Lokayukta’s Maharashtra was the first to constitute an anti-corruption agency (1972).2 These pre- Performance ceding policy debates and existing models in the states have framed our policy choices. But the debate so far has focused exten- Narayana A, Sudhir Krishnaswamy, Vikas Kumar sively on the constitutional status of the Lokpal (L M Singhvi coined the word Lok- The debate on the design of the 1 Introduction pal, which means “Protector of the People”, Lokpal has been premised on the he debate on policy choices and the to indigenise the word Ombudsman (Stand- questionable assumption that institutional design for a new anti- ing Committee 2011, para 3.3) and the ad- Tcorruption agency at the union and ministrative and legal mechanisms nec- what is needed to combat state levels has pervaded every public fora. essary for a strong and effective agency corruption is a powerful national The ubiquitous debate is characterised by without any attempt to learn from an institution to prosecute and passionate disagreement between familiar empirical analysis of the performance of convict the corrupt, but the opponents who never tire of restating and existing institutional models. rehashing their adop ted positions which The best case for a national Lokpal is debate has not drawn on the have been informed by their moral or to show that the existing Lokayukta in experience with the existing political commitments.
    [Show full text]
  • An Indian Summer: Corruption, Class, and the Lokpal Protests
    Article Journal of Consumer Culture 2015, Vol. 15(2) 221–247 ! The Author(s) 2013 An Indian summer: Reprints and permissions: sagepub.co.uk/journalsPermissions.nav Corruption, class, and DOI: 10.1177/1469540513498614 the Lokpal protests joc.sagepub.com Aalok Khandekar Department of Technology and Society Studies, Faculty of Arts and Social Sciences, Maastricht University, The Netherlands Deepa S Reddy Anthropology and Cross-Cultural Studies, University of Houston-Clear Lake, USA and Human Factors International Abstract In the summer of 2011, in the wake of some of India’s worst corruption scandals, a civil society group calling itself India Against Corruption was mobilizing unprecedented nation- wide support for the passage of a strong Jan Lokpal (Citizen’s Ombudsman) Bill by the Indian Parliament. The movement was, on its face, unusual: its figurehead, the 75-year- old Gandhian, Anna Hazare, was apparently rallying urban, middle-class professionals and youth in great numbers—a group otherwise notorious for its political apathy. The scale of the protests, of the scandals spurring them, and the intensity of media attention generated nothing short of a spectacle: the sense, if not the reality, of a united India Against Corruption. Against this background, we ask: what shared imagination of cor- ruption and political dysfunction, and what political ends are projected in the Lokpal protests? What are the class practices gathered under the ‘‘middle-class’’ rubric, and how do these characterize the unusual politics of summer 2011? Wholly permeated by routine habits of consumption, we argue that the Lokpal protests are fundamentally structured by the impulse to remake social relations in the image of products and ‘‘India’’ itself into a trusted brand.
    [Show full text]
  • Lokpal and Good Governance Pjaee, 17 (7) (2020)
    LOKPAL AND GOOD GOVERNANCE PJAEE, 17 (7) (2020) LOKPAL AND GOOD GOVERNANCE Parishkar Shreshth Research Scholar, Amity University, Lucknow Campus. Lucknow, U.P. – 226028 Email ID: [email protected] Parishkar Shreshth. LOKPAL AND GOOD GOVERNANCE--Palarch’s Journal Of Archaeology Of Egypt/Egyptology 17(7), 11030-11037. ISSN 1567-214x Keywords: Lokpal Bill, Governance, Corruption. Abstract We have not received an adequate benefit from the government for decades since our independence. India is now a young country that is at a transitional stage. Today citizens of India want to utilise all the resources and opportunities most productively. So, good governance is mandatory for total development. Because of the uncertainty about India's country, it is possible only a Lokpal like institution can change peoples' minds about development. We are waiting for a major positive change. Corruption in India is a major concern and is a detriment to the economy. According to research, the bulk of public corruption is financed by a government programme. Now voters in India appreciate the value of their vote. They usually call for the development of a system to reduce corruption. The Lokpal bill against corruption is a good tool, but its implementation has been held back because of a lack of enthusiasm and disappointment. The purpose of this study is to understand voters' thoughts and feelings about the Lokpal bill. This paper highlights the significant issues of Lokpal and its impact on governance. Introduction Governance is a Human concept. There is an important discussion about governance taking place right now. Usually, governance refers to the tasks of running the government.
    [Show full text]
  • D:\Journals & Copyright\RJPSS\2
    Role of Civil Society in Administration: A Normative Study Dr. Badal Sarkar Deptt. of Political Science, University of Gour Banga, Mokdumpur, Malda Abstract : An attempt has been tried to explore the role of civil society in preventing the growing corruption and role in Reference to this paper administration. The civil society of India exists as an underdeveloped should be made as follows: form. India like other developing countries is not free from political and administrative corruptions. Indian civil society is a parochial in nature due to lack of socio-political consciousness of the people. We Dr. Badal Sarkar are living in civil society where all administrative institutions, schools, colleges, universities and others public corporations exist. Role of Civil Society in The important point is that these are not free from corruption. On 5 April 2011, anti-corruption activist Anna Hazare began a hunger Administration: strike at the Jantar Mantar in New Delhi. The prime aim of the A Normative Study, movement was to alleviate corruption in the Indian government RJPSS 2018, Vol. 43, No.1, through introducing of the Jan Lokpal Bill. Ramdev demonstrated pp.49-55, Article No.7, the repatriation of black money from Swiss and other foreign banks. Received on 04/02/2018 Keywords : Civil, Society, Corruption, Administration, Democracy, Movement, Economic, Parliament, Political. Approved on 27/02/2018 Online available at: http://anubooks.com/ ?page_id=442 49 Role of Civil Society in Administration: A Normative Study Dr. Badal Sarkar Role of Civil Society Introduction Civil society can challenge the abuses of authority of the administration. It can minimise the power of the state.
    [Show full text]
  • From India Against Corruption to the Aam Aadmi Party: Social Movements, Political Parties and Citizen Engagement in India
    Chapter 2 Prashant SHARMA From India Against Corruption to the Aam Aadmi Party: Social Movements, Political Parties and Citizen Engagement in India Introduction Anna Hazare, a well-known social activist, began a hunger strike in New Delhi in April 2011 to pressure the Indian Government to enact a strong and effective Lokpal (Federal Ombudsman) Act in order to root out corruption from the country, in response to the exposure of XQSUHFHGHQWHGÀQDQFLDOVFDPVDQGFRUUXSWLRQ1 3XEOLFWUXVWLQWKHJRYHUQPHQWVSHFLÀFDOO\DQGWKHSROLWLFDOFODVV LQ general seemed to be at an all-time low, which drew an impassioned response to Hazare’s fast, prompting the largest popular protest in India in recent memory. Thousands descended on the site of the fast in New Delhi in his support, leading some to call it ‘India’s Tahrir Square’ (Rajalakshmi 2011). Social media facilitated a huge outpouring of support for Hazare’s cause, the dominant tone of which was an anguished tirade against corruption. According to an editorial in The Indian Express: By now, it’s been compared to Tahrir, to 1968, even to Woodstock. For those who have never experienced the energy of a mass movement, the Anna Hazare-led movement over the Lokpal bill feels like catharsis, like revolution, a tidal wave that will sweep away the entire venal political class and replace it with those who feel their pain. What connects this crowd of ex-servicemen, yoga enthusiasts, auto-rickshaw unions, candle-light vigilantes, actors and corporate big shots and students? That they all feel let down, in different ways, by the political apparatus, and they are mad as hell (2011).
    [Show full text]
  • Reaching for the Stars: the Incredible Rise of Arvind Kejriwal Vidya Subrahmaniam Feb 25, 2015
    Reaching for the Stars: The Incredible Rise of Arvind Kejriwal Vidya Subrahmaniam Feb 25, 2015 Arvind Kejriwal, Chief Minister of Delhi. - FILE PHOTO: SHANKER CHAKRAVARTY Five years ago, Arvind Kejriwal was far from being the man of the masses he is today. The Hindu Centre's Senior Fellow Vidya Subrahmaniam, who as a correspondent with The Hindu followed Kejriwal's public life between 2006 and 2014, traces his rise from activism to political stardom. In the immediate afterglow of the Assembly election, everyone seemed to be smiling in Delhi. A friend out on his morning walk found strangers congratulating him on the Aam Aadmi Party’s (AAP’s) superhero-sized victory. He returned the compliment, aware that like him, they were ordinary citizens basking in the reflected glory of Arvind Kejriwal’s brilliantly executed electoral coup. As results poured in, television anchors, across channels, briefly forgot to be officious. The incorrigibly rude Arnab Goswami attempted poetry and watched bemusedly as the Bharatiya Janata Party (BJP) spokesperson and his counterpart in the AAP warred and sparred in shayari (Urdu poetry). Visuals suggested a carnival-like mood on the streets. Delhi did not erupt in such sheer joy even when the BJP’s Narendra Modi broke a 30-year jinx to win a majority in the 2014 Lok Sabha election. The emotional, spontaneous response was reminiscent of 1977, when the all-new Janata Party unseated Indira Gandhi after the Emergency. The AAP’s victory was the sweeter for having come in the most exacting circumstances. Kejriwal had ceased to be Kejriwal since quitting as Delhi’s Chief Minister in February 2014 — after only 49 days in office.
    [Show full text]
  • Lokpal Vs Jan Lokpal Bill
    Lokpal vs Jan Lokpal Bill If there is one social issue that has caught the imagination of the people of India at present, it is the issue of corruption at all levels, and the fight of the people to come up with a citizen’s ombudsman bill, better known as Jan Lokpal bill. One Gandhian and social activist, Anna Hazare and his team are at the forefront of this fight, and are trying hard to make legislators accept their draft bill, while government of the day is trying to rush in with its own version of the bill called Lokpal. There is a situation of utter chaos as people are not really aware of the provisions of both these bills. This article attempts to highlight the features of both the draft bills in a manner to differentiate between the two bills. It is the desire of the people to get created an independent body called Lokpal that would have the power to investigate government officials, members of judiciary, and members of parliament including ministers and Prime Ministers, and even private citizens if cases of corruption are brought to the notice of this autonomous body like Election Commission. Though the bill has been pending for decades, no government had the audacity to get it drafted and get passed in the parliament to give it a legal status. With cases of graft and corruption coming to light one after the other and causing embarrassment for the government (whether it was telecommunications minister A. Raja in 2G scam, or Suresh Kalmadi in Commonwealth Games scam) and growing public anger over helplessness of the government to stop such cases of corruption, it was only natural for people to vehemently support Anna Hazare and his team to fight for Jan Lokpal bill.
    [Show full text]
  • Lokpal and the Role of Media in Propping up Anti Corruption Movement in India
    International Journal of Social Science & Interdisciplinary Research__________________________________ ISSN 2277 3630 IJSSIR, Vol. 2 (3), MARCH (2013) Online available at indianresearchjournals.com LOKPAL AND THE ROLE OF MEDIA IN PROPPING UP ANTI CORRUPTION MOVEMENT IN INDIA DR. ATANU MOHAPATRA HOD, FACULTY OF MEDIA STUDIES MANAV RACHNA INTERNATIONAL UNIVERSITY FARIDABAD ______________________________________________________________________________ ABSTRACT The existing devices for checks on elected and administrative officials have not been effective as the growing instances of corruption cases suggest. The Central Vigilance Commission (CVC) is designed to inquire into allegations of corruption by administrative officials only but cannot punish the guilty The CBI, the premier investigating agency of the country, functions under the supervision of the Ministry of Personnel, public grievances and pensions (under the Prime Minister) and is therefore not immune from political pressure during investigation it can be said, ―the CVC is independent but does not have powers while CBI has power but is not independent‖. As a result the first cannot punish while the latter cannot investigate fairly. All these have necessitated the creation of an independent and high powered Lokpal with its own investigation team. Unfortunately for last four decades, no effective act or institution was developed. As a result, a nation-wide movement could take place with the leadership of a Gandhian social activist. Most importantly, this was the time when the nation witnessed many corruption cases at various level and the intervention of media has helped in taking to its heights and made it a national movement. Hence, while analyzing the historical perspectives of Lokpal, this study would attempt to answer the most pertinent question whether the mainstream media or social media helped in giving shape for a huge movement.
    [Show full text]
  • Tehelka - India's Independent Weekly News Magazine
    Tehelka - India's Independent Weekly News Magazine http://tehelka.com/story_main53.asp?filename=Ne180812Coverstory.asp 29 OCTOBER 2012 MONDAY TEHELKAHINDI.COM TEHELKAFOUNDATION.ORG CRITICALFUTURES.ORG Print Email to Friend | From Tehelka Magazine, Vol 9, Issue 33, Dated 18 Aug 2012 CURRENT AFFAIRS COVER STORY Follow @tehelkadotcom 45.6K followers 693 Like 41k ANNA-MORPHOSIS The Kejriwal Conundrum Arvind Kejriwal had tapped into a crucial anger. As chief architect of the Anna Hazare anti-corruption movement, he could have leveraged real change despite political resistance. Revati Laul assesses what his sudden change of course means PERHAPS IDEALISM, conscience and a keen sense of righteous rage are not enough. Perhaps intransigent ego — even a modicum of megalomania, a small zone of blindness — are necessary traits in a would be revolutionary. How else can one make the leap and believe powerful vested structures can be overthrown overnight and supplanted with one’s own? At THiNK — TEHELKA’s event in Goa — last year, there was one man international guests like The New York Times columnist Tom Freidman and astronomer C AMPAIG N Mike Brown wanted to meet more than any other. A ARTICLE 17: Our first call to the short, stout, earnest man in trademark loose grey National Commission of Scheduled Castes pants and chequered shirt. And an even more Photo: Shailendra Pandey trademarked earnest face. A man around whom zealous crowds had swelled last year, teeming seas of humanity, shouting anti-corruption slogans in ‘I’m ALSO READ Anna’ caps. All along though, it was clear to everyone that the real face of the India Against Corruption (IAC) Team Anna has been too movement wasn’t Anna Hazare.
    [Show full text]
  • The Jan Lokpal Bill
    The Jan Lokpal Bill Issues for Consideration and Recommendations for Improvement A Revised Note Prepared by Justice A P Shah & Venkatesh Nayak April 2011 Contents Introduction … 3 Theme 1 • Coverage 4 5 Issues … Theme 2 • Establishment, Selection, Appointment and Removal Procedures 6 Issues … 8 Theme 3 • Functions 3 Issues … 12 Theme 4 • Powers 15 8 Issues … Theme 5 • Financial Matters 2 Issues … 21 Theme 6 • Penalties 2 Issues … 22 Theme 7 • Drafting Errors 6 Issues … 23 2 The Jan Lokpal Bill Issues for Consideration and Recommendations for Improvement A Revised Note Prepared by1 Justice A P Shah & Venkatesh Nayak April 2011 Introduction: It is heartening to note that public pressure has influenced the Government of India to constitute a committee comprising of senior Cabinet Ministers and prominent civil society actors to draft a law for creating an anti‐corruption agency for India. The Government is also reported to have accepted the Jan Lokpal Bill (the Draft Bill) drafted by civil society actors as the basis for discussions. The Draft Bill has been widely talked about and debated through the media and in public consultations held across the country with varying degrees of understanding about its complexity. The willingness of the civil society members of the drafting committee to pay heed to diverse opinion and voices expressed about the contents of the Draft Bill is welcome and augurs well for the consultation process. This note identifies major and minor issues of concern that need to be addressed in the Draft Bill if it is to live up to its intended purpose‐ namely the creation of strong mechanisms to combat corruption in the country.
    [Show full text]
  • Ombudsman As a Watchdog of Administration in India
    International Journal of Science and Research (IJSR) ISSN (Online): 2319-7064 Index Copernicus Value (2016): 79.57 | Impact Factor (2015): 6.391 Ombudsman as a Watchdog of Administration in India Bini R. A. B.A.L.L.B(HONS), III Year, School of Excellence in Law, Chennai Abstract: Ombudsman is a public officer who acts independently and non-patisanly and his function is to supervise the administration. He deals with the specific allegations or complaints from the public against administrative injustice and maladministration. The duties of an Ombudsman are to investigate complaints and attempt to resolve them, usually through recommendations or mediation. For a nation to prosper, the administrative side of the nation has to function properly and efficiently and it has to be ensured that there is no corruption in the sphere of administration, because corruption is the biggest hindrance in the development of any nation. The Ombudsman plays a vital role in tackling the issue of corruption. In India, this role is played by the Lokpal in the Centre and the Lokayuktas in the State level. This paper traces the evolution of the institution of Ombudsman and analyses how he acts as a watchdog of administration in the Indian context. 1. Introduction In 1919, Finland adopted Ombudsman system. In Denmark, the institution of Ombudsman has adopted in 1954. The In modern times, all democratic countries are manifested Ombudsman has been empowered to supervise all State with large powers in the hands of administrative authorities administration. Complaints can be made directly to the having vast discretionary powers. Due to this wide Ombudsman.
    [Show full text]