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Ombudsman ‐ Lokpal, Lokayuktas

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Ombudsman ‐ Lokpal, Lokayuktas Ombudsman ‐ Lokpal, Lokayuktas 1. Lokpal Lokpal is an anticorruption authority that would deal with the complaints against the public officials in central government including the Prime Minister. 2. Lokayuktas Lokayuktas is an anticorruption authority that would deal with the complaints against the public officials in state government. 3. Ombudsman Ombudsman is a swedish term which means a person who is authorised to act for someone else. 4. In general it means, an official appointed to investigate complaints especially against the public officials. In India Ombudsman is referred as either Lokpal or Lokayukas. Important Facts to remember 1. The First country in the world to set up ombudsman institution is Sweden in 1809. 2. The First Commonwealth country in the world to set up ombudsman institution is New Zealand in 1967. 3. The Term Lokpal was coined by L M Singvi in 1963. 4. The Word 'Lok' means People and 'Pala' means protector. 5. The Administrative reforms commission (1966-70) headed by Morarji Desai recommended the institution of Lokpal and Lokayuktas. 6. Lokpal Bill was first introduced in Parliament in 1968 but cannot be passed. 7. Important Dates for Lokpal and Lokayuktas Act 2013 Passed in Parliament Dec 18, 2013 President's Assent Jan 1, 2014 Date of commencement Jan 16, 2014. 8. The First State in India to establish Lokayukta was Maharashtra in 1971. 9. The First State in India to pass Lokayukta act was Odissa in 1970 STATUS OF JAMMU & KASHMIR The State of Jammu and kashmir has more autonomy and power when compared with other Indian states. It is due to the historical events that happened in the 1947 followed by the instrument of accession signed between India and Jammu and Kashmir. Historical Background 1. During the independence of India on 15 August, 1947. Jammu and Kashmir also became independent. 2. At that time the ruler of Jammu and Kashmir was Maharaja Hari Singh. 3. He wanted Jammu and Kashmir to be an Independent nation and thus decided not to join either India and Pakistan. 4. But on 20th October 1947, Azad Kashmir forces supported by the pakistan army launched its attack on the frontiers of Jammu and Kashmir. 5. At that time Jammu and Kasmir has not enough army power to resist the attack. 6. So, Maharaja Hari Singh decided to ask help from the Governor general of India Mountbattern. 7. Mountbattern accepted to help Jammu and Kashmir on the condition of Instrument of accession. 8. Thus, on 26 October 1947, the Instrument of Accession was signed between Jawaharlal Nehru and Maharaja Hari sign. 9. As per the Instrument of accession the Jammu and Kashmir surrendered the following subjects to India. Important Facts to Remember Jammu and Kashmir 1. The Article 370 of the Indian Constitution provide the special status to Jammu and Kashmir. 2. The Article 1 describes JK as a constituent state and its territory as on 15th August 1947 forms a part of Indian territory. 3. The Ariticle 370 is in the Part XXI (21) of the Indian Constitution and came to effect on 17 Nov 1952. 4. Jammu and Kashmir is the only state in India having a separate state constitution. 5. Contituent assembly of Jammu and Kashmir Election was held on the basis of adult franchise in Sept Oct 1951. First Meeting of Contituent Assembly of JK 31 Oct 1951 The constitution of JK was adopted 17 Nov 1956 The Constitution of JK came to force 26 Jan 1957. 6. The tenure of JK Legislative assembly is 6 Years 7. The tenure of Governor of JK is 5 years 8. Official Language Urdu 9. The Governor's Rule was imposed for the first time in 1977. 10. The President's Rule was imposed for the first time in 1986. 11. The right to property is still guaranteed as a fundamental right in JK. 12. The High court of JK can issue writs only for the enforcement of Fundamental rights but other state high courts can also issue writs for other purposes too. Central Vigilance commission 'CVC is conceived to be the apex vigilance institution, free of control from any executive authority, monitoring all vigilance activity under the Central Government and advising various authorities in Central Government organizations in planning, executing, reviewing and reforming their vigilance work.' Important Facts to Remember 1. CVC Established in Feb 1964 2. Recommended by K Santhanam Committee on prevention of Corruption 3. Composition 1. Chairman and 2 Vigilance Commissioners 4. Chariman and commissioners are Appointed by :The president 5. Chariman and commissioners are recommended by a 3 member committee consisting of 1. Prime Minister (Head) 2. Union Minister of Home Affairs 3. Leader of Opposition in the Lok Sabha 6. Tenure : Four Years or 65 Years of Age. 7. Not eligible for further employment under state or Central Government after retirement. 8. Head Quarters: New Delhi 9. It has powers equal to that of a civil court while inquiring. Lok Adalat 'Lok' in Hindi means 'People' and 'Adalat' means 'Court'. So, the Word Lok Adalat simply means People's Court. Lok adalat is a forum where the cases pending in the courts or even in the prelitigation stage are settled in a friendly way. Important Facts to remember. 1. First Lok adalat camp was organised in Gujarat on March 14,1982 . 2. Lok adalat was given statutory satus through the Legal Services Authorities Act, 1987. Through this act the Lok adalat was introduced in India in 1987. 3. The First National Lok adalat was organized on November 23, 2013 in which 71.5 Lakhs of cases has been disposed off successfully. 4. The Second National Lok adalat was organised on Dec 6, 2014 in which 1.25 Crore cases has been disposed off. 5. The Third National Lok adalat was organised on Feb 14, 2016 in which 56000 cases has been disposed off. 6. The award given by the Lok adalat is final and cannot be appealed in any other court. 7. Advantages of Lok Adalat 1. Speedy Justice. 2. No court Fee. 3. Reduces Pending cases. Comptroller and Auditor General of India (CAG ) Comptroller and Auditor General of India is the head of the Indian Audit and Accounts Department. His prime duty is to scrutinize the financial transactions of the government thus ensuring the financial accountability of the executive. Important Facts to remember 1. CAG is appointed by the President 2. Tenure 6 Years or 65 Year of age 3. He can resign by writing to the President of India, 4. He can be removed from office on the same manner as the Judge of the supreme court. 5. From Article 148 to 151 in Part V (5) of the constitution deals with the various provisions for the Comptroller and Auditor General of India. 6. Article 148 Office of the CAG. 7. Article 149 Parliament to prescribe duties and powers of the CAG. 8. Article 150 Form of accounts of the union and of the States 9. Article 151 Audit reports. 10. Other Provisions 1. Article 279 Calculation of Net proceeds. 2. Third Schedule Oath of CAG 3. Sixth Schedule Audit of accounts of the District and regional councils as mentioned in the Sixth schedule 11. Audit Board It was established in 1968 on the recommendations of the Administrative reforms committee. Composition: Chairman and 2 Members It is a part of the office of CAG to accommodate specialists and experts from outside. 12. In 1976, CAG is relieved from the responsibility of maintenance of accounts of central government. Right to Information Act, 2005 "An Act to provide for setting out the practical regime of right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority, the constitution of a Central Information Commission and State Information Commissions and for matters connected therewith or incidental thereto" ' The Central information Commission was an independent body set up by the Central government in 2005 under the RTI Act, 2005 to act upon the complaints made to it and decide the appeals under the Central government and Union Territories. " State Information Commission (SIC) 'The State information Commission was an independent body set up by the respective state governments in 2005 under the RTI Act, 2005 to act upon the complaints made to it and decide the appeals under the respective state governments." Important Facts to Remember 1. CIC and SIC Established in 2005. 2. It has the powers similar to that of the civil court while inquiring. 3. Central Chief information Commissioner and other Central information Commissioners were appointed by The President. Recommended by a committee consisting of The Prime Minister Head The Leader of opposition in the Lok Sabha a Union Cabinet Minister to be nominated by the Prime Minister Administrative Tribunals "Administrative Tribunals are to provide for the adjudication or trial of disputes and complaints with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or of any State or of any local or other authority within the territory of India or under the control of the Government of India or of and for matters connected therewith or incidental thereto." Important Facts to Remember: 1. A new part ' XIVA Tribunals' was added to the constitution by the 42nd Constitution Amendment Act of 1976. 2. The New part XIVA (14A) has two articles 1. Article 323A 2. Article 323B 3. Article 323A deals with Administrative Tribunals 4. Article 323B Deals with tribunals for other purposes. 5. Central Administrative Tribunal was established in 1985.
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