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Lokpal
From Shakir Ali
Indian Debated Lok Pal Bill-Official Text of the Lok Pal Bil, 2011 ...
Much Debated Lokpal Bill 2011 of India
From Bhim Upadhyaya
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LOK PAL BILL - - AN ANALYSIS
“Corruption will be out one day, however much one may try to conceal it: and the publiccan as its right and duty, in every case of justifiable suspicion, call its servants to strictaccount, dismiss them, sue them in a law court, or appoint an arbitrator or inspector toscrutinize their conduct, as it likes.”-Mahatma Gandhi (1928)
INTRODUCTION :
India is a country where honesty and integrity in public and private life have been glorified andupheld in great epics such as the Vedas, Upanishads and in the books and practices of everyreligion practiced here.Yet, India today is one of the most corrupt countries in the world.Bringing public servants under a scanner which makes them strictly accountable is the start of amovement against corruption in India. And one significant step in attacking the spectre of corruption in India will be the implementation of the lok pal bill.The Indian Lokpal is synonymous to the institution of Ombudsman existing in the Scandinaviancountries. The office of the ombudsman originated in Sweden in 1809 A.D., and adoptedeventually by many nations 'as a bulwark of democratic government against the tyranny of officialdom'. Ombudsman is a Swedish word that stands for "an officer appointed by thelegislature to handle complaints against administrative and judicial action. Traditionally theombudsman is appointed based on unanimity among all political parties supporting the proposal.The incumbent, though appointed by the legislature, is an independent functionary - independentof all the three organs of the state, but reports to the legislature. The Ombudsman can act both on
ADMINISTRATIVE LAW
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LOK PAL BILL - - AN ANALYSIS
the basis of complaints made by citizens, or suo moto. She/he can look into allegations of corruption as well as mal-administration.
The functionary is called by different names in different countries; its power and functions alsovary. In the Scandinavian countries
(Sweden, Denmark, Finland, Norway) he is called the'Ombudsman'. He can take cognizance of the citizens' grievance by either directly receivingcomplaints from the public or suo moto on the basis of information provided by the interested persons, or from newspapers, etc. However, in the U.K. the functionary - known as theParliamentary Commissioner - can receive complains only through members of parliament.The ombudsmen can investigate a complaint by themselves or through any public or privateagency. After investigation, in Sweden and Finland, the Ombudsman has the power to prosecuteerring public servants; whereas in Denmark, he can only order prosecution. However, the power of prosecution is very rarely used. The strength of the ombudsman lies in the publicity attachedto the office, and the negative view that attaches itself to all that the office scrutinises. In Swedenand Finland, ombudsmen can also supervise the courts. In other countries, their authority is onlyover the non-judicial public servants. In almost all the cases they deal with complaints relating to both corruption and mal-administration.
1 The lokpal cycle, an article by pradeep k baisakh.2 A
Subset of the Nordic countries.
ADMINISTRATIVE LAW
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LOK PAL BILL - - AN ANALYSIS
HISTORY:
The misdeeds committed during the Emergency remind us of the necessity of including the PMwithin the purview of the Lokpal.The basic idea of the Lok Pal is borrowed from the office of ombudsman, which has played aneffective 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 constitutionof a two-tier machinery - of a Lokpal at the Centre, and Lokayukt(a)s in the states.
The ARCwhile 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 affectedcitizens but also necessary to instill public confidence in the efficiency of administrativemachinery. 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, resulting thefirst death of the bill. The bill was revived in 1971, 1977, 1985, 1989, 1996, 1998, 2001, 2005and 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 theHome Ministry - and before the government could take a final stand on the issue the house wasdissolved.There are as many as 17 states where the institution of Lokayukta has been constituted, beginning with Orissa in 1971. However the power, function and jurisdiction of Lokayuktas arenot uniform in the country.
3
The Lok Pal Bill
,
http://www.hindu.com/2001/01/26/stories/05262511.htm.4
The LokAyukta (also Lok Ayukta) is an anti-government corruption organization in the Indian state.
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Lok Pal Bill -- An Analysis
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in any case, with citizen journalism catching on, and consumer rights, information and grievance redressal centers set up ,what is actually needed is to speed up the litigation process if any and truly justified and public opinion sought at about national expenditure and deals struck. The needs of the nation at large, the potential talent and productivity of a nation at large needs to be well unde
Along with political fraternity the members of higher middle and lower judiciary must be brought under the purview of Lokpal -madhu,vijayawada
the one man army rocks...... hands off anna hazare.... love yo
Minor correction, Finland is not a Scandinavian country.
Good document !
a feeble light seems appearing and one day soon might brighten our country free from the darkness of corruption. Every department from top to bottom has been has been turned to a heaven of free earning home flowing from our hard earned money. there will be every attempt to thwart the bill from behind the curtain so the related persons should be very careful in the coming days.. sushil periwal
Maximum punishment to be given
put the I into the indian - dont let the I eat India