Lokpal: A Critical

Analysis
Contents

▶ Introduction
▶ Historical background
▶ Need of Lokpal
▶ Applicability in India
▶ Salient features of Lokpal
▶ Lokpal and Jan-Lokpal
▶ Critical Issues
▶ Achievements/failure/criticism/suggestion
▶ Conclusion
Introduction

▶ “corruption and hypocrisy ought not to be inevitable products of

democracy” ‘Mahatma Gandhi’
▶ Ombudsman: A watchdog on Government, investigating and
resolving citizen’s complaints
▶ Lokpal: an Indian version of ombudsman office . The word
‘lokpal’ has derived from the sanskrit word ‘loka’ (people) and
‘pala’ (protector/caretaker). So the word ‘lokpal’ means
‘protector of people’.
Historical
Background
The institution of ombudsman originated in Scandinavian countries. The
▶
institution of ‘Ombudsman’ first came into being in Sweden in 1713
when a ‘Chancellor of Justice’ was appointed by the King to act as
invigilator to look into the functioning of war-time government.
▶ Amongst other countries, New Zealand was the first country outside
Scandinavian to institute an Ombudsman in 1962. It has been adopted
in a number of countries, such as Finland, 1919; Denmark, 1954; there
are Ombudsman offices in over 80 countries at the national provincial
and local level.
▶ 20th Century- In India, the Ombudsman is known as the Lokpal or
Lokayukta. The concept of a constitutional ombudsman was first
proposed by the Law Minister Ashoke Kumar Sen in parliament in the
early 1960s. The term ‘Lokpal’ and ‘Lokayukta’ were coined by Dr. L. M.
Singhvi as the Indian model of Ombudsman for redressal of public
grievances. It was passed in lok-sabha in 1968 but it was lapsed with
the dissolution of Lok-sabha. And since then many times it was passed
in Lok-sabha but lapsed.
 Corruptio
n
Everyone censures corruption at a
societal stage but that does not
mean that anyone has escaped
from the flu of corruption
A 2005 study conducted by
Transparency International in India
found that more than 62% of Indian
had first-hand experience of paying
bribes or influence peddling to get
jobs done in public offices
successfully
Prevention of Corruption Act, 1988
21th Century- Anna India
Revolution Hazare Against
Corruption
It was the time He is social activist The movement at
people across the
when which Jantar Mantar in Delhi
country were fed up and ledlled
ca theIndia
mass opened the eyes of
furious with reading movementand did his
corruption
against the people sleeping or
news about ‘corruption fast till death if who said that what a
and Rape’ this led to the government do not common man can do.
mass movement in India agree to pass
Lokpal
Particularly
headed in Delhi
by the social Bill.
activist ‘A nna
Hazare’.
Need for
Lokpal “Whereas”
▶ the Constitution of India established a democratic republic
to ensure justice to all.
▶ Various institution of governance as well as democratic
institution
have worked to safeguard participatory democracy.
▶ And whereas graft and corruption have become a serious
disease to the society and governance.
▶ And whereas India is signatory to the United Nation Convention
against corruption
▶ After independence, increasing magnitude of developmental
and welfare responsibilities of the government has boosted the
proliferation of the administrative machinery. Consequently,
over the years numerous cases of corruption,
maladministration and misuse of authority and resources have
started coming to light
Applicability in
India
Constitutional validity of Lokpal- No provision in the constitution
▶
of India.
▶ But Art- 253 says that parliament is empowered to enact laws
on
matters enforced in international treaties and UN convention.
▶ On United Human rights Convention we enacted laws to
establish National Human Law Commission.
▶ Similarly, in 2003 UN on fighting corruption empowers
parliament to
make laws to prevent corruption.
Salient features of Lokpal Bill
2011
The Lokpal Bill provides for constitution of the Lokpal as an independent body
▶
to enquire into cases of corruption against public functionaries, with a
mechanism for filing complaints and conducting inquiries etc. Followings are
some important features of Lokpal-
▶ Lokpal at the Centre and Lokayuktas at the levels of the states
▶ Lokpal will consist of a Chairperson and maximum of eight members, of which
50 percent shall judicial members and from SC/ST/OBCs, Minorities and Women.
▶ The selection of Chairperson and members of Lokpal shall be through a
selection committee consisting of Prime Minister , Speaker of Lok Sabha,
Leader of Opposition in the Lok Sabha, Chief Justice of India or a sitting
Supreme Court judge nominated by CJI, eminent jurist to be nominated by the
President of India on the basis of recommendations of the first four members of
the selection committee.
▶ Lokpal’s jurisdiction will cover all categories of public servants.
▶ All entities receiving donations from foreign source in the context of the Foreign
Contribution Regulation Act (FCRA) in excess of Rs 10 lakh per year are
brought under the jurisdiction of Lokpal. Etc.
Comparative
Study
The movement
compelled the then
ruling Government to
pass Lokpal. However
the bill introduced by
the government was
weak according to
Anna Hazare. Which
again led to the
agitation among the
people. There was a
huge difference
between Government’s
Lokpal and Jan-Lokpal.
 ...Understanding the Drafts of Government and
Society: Critical
Civil
Comments
Issues
Government’s Jan- CORRUPTION by PM can be investigated,
Lokpal Lokpal under Prevention of Corruption Act

Lokpal should have Govt wants investigations to be done by

 PrimeM inister- PM kept out of power to investigate CBI…
purview
Lokpal’s allegations of corruption ….which comes directly under him, rather
against
 Special
PM. than independent Lokpal
provided against
safeguards
frivolous &mischievous
complaints Government wants it to be included in
Judicial Accountability Bill (JAB)
toLokpal
 shouldallegations
investigate have
Judic iary- Judic iary is also kept out of corruption In JAB permission to enquire against
ofpower
Lokpal
against a judge will be given by a Three
Judiciary. member committee, Two judges & a
 Special retd. Chief justice of the SAM
provided against
safeguards
frivolous &mischievous E court)
complaints ... If only a strong and effective JAB
were considered & enacted
 Cont..
Comments
Government’s Lokpal Jan-Lokpal
 MPs- Government has excluded Lokpal should be able to Article 105(2) gives them Freedom to
this investigate allegations that any
MP had taken bribe to vote or Vote or Speak in Parliament, not Freedom
from Lokpal’s purview.
Parliament
speak in for taking Bribe for it!!! Govt virtually
giving a license to MPs to take bribes
with impunity Strikes at the foundations
of our democracy.
Anti-corruption
branch of CBI
 Central Bureau Investigation- should be merged into
Government wants to retain its hold Lokpal. CBI misused by government.
CBI
on Recently, Government exempted CBI
with
 Broad
2 politicians,
based selection
4
. and2independent constitutional from RTI
With 5 out of 10 members from judges
committee
authorities.
ruling establishment, 6 politicians in Government’s will be able to appoint
 An independent
selection committee, ensured that its own Lokpal members &
only pliable&
weak people be committee
search consisting of
constitutional authorities to
retired Chairperson.
selected first
 Search committee to be selected prepare
list. Earlier consensus on Selection
by
selection committee A detailed transparent selection
committee, Selection
process with PUBLIC
 Noselection process PARTICIPATION process,
provided Disagreement only on composition of
search committee –
 Cont..
Government’s Lokpal Jan-Lokpal Comments
Ac c ountability-
A cc ountable to the Acco untable to the Both Selection and Removal of Lokpal
Government. Only government can PEOPLE- Any C itizen can in Government’s CONTROL
seek removal of Lokpal. make a complaint to
Supreme
and seek C ourt Puppet in government’s hands.
removal.
Judicial review over the
actions of the Lokpal by Investigation process provided by the
 Method of Enquiry-Cr PC being the High C ourts under government would severely
Special
amendedprotection
- to the Artic the
and le 226
Supreme C ourt
a c cused
 After preliminary enquiry, all
Artic
under le 32 and COMPROMISE ALL INVESTIGATIONS
provided
evidenceto the a c cused & hearing for why 136 If evidence were made available to the
FIR should not be regd. against
an accused at various stages of investigations,
 Method would be the same
him. it would also
After completion of investigations, again provided
as in C r PC like in
all evidence provided &hearing for why a other
any criminal REVEAL IDENTITY OF WHISTLEBLOWERS
case should not be filed against him in case.
 After preliminary enquiry,
the court. compromising their security
FIR
an will be
be
 During
started
investigations,
against any ifnew
investigations
persons, are registered. Such a pro-accused process of Criminal
After investigations, case Jurisprudence NOWHERE IN THE WORLD
to
they
would also be presented with all will be presented before a
against them and
evidence court, where the trial will Such process would
heard. take place
KILL ALMOST EVERY CASE !!!!
Achievements/failure/criticism
▶ Achievements-

▶ Yes the achievement is that the Lokpal and lokayuktas Act,

2013 has been passed.
▶ Failure- Act passed-but not working
▶ Supreme Court many times criticized the
govt.
▶ still people are waiting for 15 lacks.
▶ Still waiting for ‘Ache Din’
▶ Criticism- criticism on Government is that they can not
tolerate criticism
▶ Aseem Trivedi one of the cartoonists was arrested when he
posted certain cartoons on social website expressing his views
on corruption.
Conclusion
▶ From the above stated discussions we may conclude that we all
know that the biggest disease of all is not disease but corruption. It
does not mean that we are not corrupt. It is a broad term and
include many things. For example when parents say to a child to
hide his/her age when TT comes to check ticket.
▶ I believe that CBI should be independent otherwise we will hear
of getting 15 lacks but will get nothing.
▶ “Every revolution evaporates and only leaves behind the slime of a
new bureaucracy” Franz Kafka (1883-1924)
▶ Off course no law however sound and strict can remove
corruption completely. But…. kaun kehta hai ki Aasman me
suraakh nahin ho sakta….ek patthar to zara pyar se uchhalo
yaron..