Join hands with Dakhalandazi
Message to Kapil Sibal
Save Your Voice: अपनी आवाज बचाओ
13 May: लंगड़ी यात्रा
वेब सेंसरशिप के खिलाफ 'दखलंदाजी'
Ban on the cartoons
Saraswati Siksha Samiti
Milip submits following suggestions for the kind consideration by the Lokpal Bill Joint Drafting Committee. These suggestions have been sent to Mr. Veerappa Moily, Prashant Bhusan and Arvind Keejriwal.
1. The person holding the office of the President, Prime Minister and Judges of Supreme Court and High Court should be accountable before the law thus within the ambit of the Lokpal Institution.
One of the basic fundamental principles of democracy is that everyone should be accountable before the law and system irrespective of his status or position. This principle is also applicable in USA, the most powerful democracy of the world. In fact only for this reason USA is powerful. We can cite the examples of Mr. Nixon and Mr. Bill Clinton.
Since the President, Prime Minister and Judges of Supreme Court and High Court are taking oath of the Constitution, it means they are accountable to adhere the proprietary and efficacy of the Constitution, and in case they do not adhere to the proprietary and efficacy of the Constitution, the citizen should have right to redress any grievances against them, by lodging a complaint before the Lokpal. If they are not covered within the ambit of accountability it means they are not accountable to Oath taken under the Constitution.
The definition of corruption should be defined in a clear language, without any ambiguity, so no one can misuse the Lokpal Institution for personal vendetta.
Whenever any complaint is lodges against any person holds office of the President, Prime Minister and Judges of Supreme Court and High Court, such complaint should be heard and investigated by and under the direct Supervision of Full Bench of Lokpal Institution.
Once prima-facie a case of corruption is made out by a complainant against any person holding the office of the President, Prime Minister and Judges of Supreme Court and High Court, same should be transferred to a High Court for trial, under the Criminal Procedure Code and or under Prevention of Corruption Act or under any other law, applicable in a particular matter.
2. The Members of the Lokpal Institution should be covered within the ambit of investigation by the Lokpal Institution.
Any complaint against any Member of the Lokpal Institution should be heard and investigated by and under direct Supervision of the Full Bench barring a member having under complaint.
3. With regard to any complaint against President, Prime Minister and Judges of Supreme Court and High Court or any Member of Lokpal, Full Bench means all the Members of the Lokpal Institution, except the respective member of the Lokpal Institution, against whom complaint is heard or investigated.
4. Property of the Private Parties, responsible for any damage to public properties/exchequer/revenue through any corrupt practices should be seized.
5. That according to Website of in the Lokpal Drafting Joint committee Meeting of 23rd May, 2011 an issue “Lokpal shall have powers to delegate any of its powers and functions barring those which are specifically to be performed by the benches of Lokpal.” And “There was a long discussion on this issue. Government’s vision of Lokpal is an 11 member body, which will have quasi judicial powers and that body will pass all orders. That is very different from our vision. Such a model would create problems as that would overburden Lokpal with immense workload and make Lokpal unwieldy. Our vision of Lokpal – an institution headed by 11 member body. This body would have quasi judicial powers but primarily be a supervisory body.
There will be many officers under that body, who would be designated authorities under this Act and would themselves also have quasi judicial powers under this Act. Government would examine it and revert.” In this respect my suggestion is that Lokpal Shall Jurisdiction over the complaints against President, Prime Minister, Minister of all ranks, Judges of Supreme Court and High Courts Members of Parliament and Public Servants from the All-India Services, and any other public servant connected therewith. Any complaint against a public servant, not covered within the aforesaid jurisdiction shall be disposed of by the head of respective department, as an assignee of the Lokpal.
One of the basic fundamental principles of democracy is that everyone should be accountable before the law and system irrespective of his status or position. This principle is also applicable in USA, the most powerful democracy of the world. In fact only for this reason USA is powerful. We can cite the examples of Mr. Nixon and Mr. Bill Clinton.
Since the President, Prime Minister and Judges of Supreme Court and High Court are taking oath of the Constitution, it means they are accountable to adhere the proprietary and efficacy of the Constitution, and in case they do not adhere to the proprietary and efficacy of the Constitution, the citizen should have right to redress any grievances against them, by lodging a complaint before the Lokpal. If they are not covered within the ambit of accountability it means they are not accountable to Oath taken under the Constitution.
The definition of corruption should be defined in a clear language, without any ambiguity, so no one can misuse the Lokpal Institution for personal vendetta.
Whenever any complaint is lodges against any person holds office of the President, Prime Minister and Judges of Supreme Court and High Court, such complaint should be heard and investigated by and under the direct Supervision of Full Bench of Lokpal Institution.
Once prima-facie a case of corruption is made out by a complainant against any person holding the office of the President, Prime Minister and Judges of Supreme Court and High Court, same should be transferred to a High Court for trial, under the Criminal Procedure Code and or under Prevention of Corruption Act or under any other law, applicable in a particular matter.
2. The Members of the Lokpal Institution should be covered within the ambit of investigation by the Lokpal Institution.
Any complaint against any Member of the Lokpal Institution should be heard and investigated by and under direct Supervision of the Full Bench barring a member having under complaint.
3. With regard to any complaint against President, Prime Minister and Judges of Supreme Court and High Court or any Member of Lokpal, Full Bench means all the Members of the Lokpal Institution, except the respective member of the Lokpal Institution, against whom complaint is heard or investigated.
4. Property of the Private Parties, responsible for any damage to public properties/exchequer/revenue through any corrupt practices should be seized.
5. That according to Website of in the Lokpal Drafting Joint committee Meeting of 23rd May, 2011 an issue “Lokpal shall have powers to delegate any of its powers and functions barring those which are specifically to be performed by the benches of Lokpal.” And “There was a long discussion on this issue. Government’s vision of Lokpal is an 11 member body, which will have quasi judicial powers and that body will pass all orders. That is very different from our vision. Such a model would create problems as that would overburden Lokpal with immense workload and make Lokpal unwieldy. Our vision of Lokpal – an institution headed by 11 member body. This body would have quasi judicial powers but primarily be a supervisory body.
There will be many officers under that body, who would be designated authorities under this Act and would themselves also have quasi judicial powers under this Act. Government would examine it and revert.” In this respect my suggestion is that Lokpal Shall Jurisdiction over the complaints against President, Prime Minister, Minister of all ranks, Judges of Supreme Court and High Courts Members of Parliament and Public Servants from the All-India Services, and any other public servant connected therewith. Any complaint against a public servant, not covered within the aforesaid jurisdiction shall be disposed of by the head of respective department, as an assignee of the Lokpal.
With Best Regard to all Members,
Milap Choraria
