In Modern World, The Government (which is elected by the people) of a particular nation is mainly given two important responsibilities:
to maintain law and order of the region and;
the socio-economic development of that country.
to maintain law and order of the region and;
the socio-economic development of that country.
With these responsibilities the role of Ministers and Bureaucrats along with other higher officials become very crucial, to fulfill their duties they are provided with requisite powers to deal with any unforeseen circumstances but if these powers are used for their personal vested interest then to keep a check, there needs a grievance redressal mechanism. This grievance redressal mechanism for the first time was introduced in Sweden under the name The Ombudsman system.
Lokpal in India is the term coined by L.M.Singhvi after being called by then Prime Minister of India J.L.Nehru to find local name for The Ombudsman system.
COMPOSITION OF LOKPAL:
Lokpal will consist of a chairperson and a maximum of eight members, of which 50% will be judicial members 50% members of Lokpal shall be from SC/ST/OBCs, minorities and women. Four members (50%) are judicial members who is or has been a Judge of the Supreme Court or a Chief Justice of a High Court while other four members (50%) are non-judicial members are people of outstanding ability having special knowledge & expertise of not less than twenty-five years in the matters relating to anti-corruption policy, public administration, vigilance, finance including insurance & banking, law & management.
Selection of chairperson and members of Lokpal through a selection committee consisting of the Prime Minister of India,
Speaker of Lok Sabha,
Leader of opposition in Lok Sabha,
Chief Justice of India or a sitting Supreme Court judge nominated by CJI.
Eminent jurist to be nominated by President of India (on basis of recommendations of the first four members of the selection committee "through consensus")
MEMBERS:
CHAIRMAN - PINAKI CHANDRA GHOSE
JUDICIAL MEMBERS:
Dilip B Bhosale,
Pradip Kumar Mohanty,
Abhilasha Kumari,
Ajay Kumar Tripathi.
NON-JUDICIAL MEMBERS:
Archana Ramasundaram,
Dinesh Kumar Jain,
Mahender Singh and
Indrajeet Prasad Gautam.
JURISDICTION:
Its jurisdiction will cover all categories of public servants.All entities (NGOs) receiving donations from foreign source in the context of the Foreign Contribution Regulation Act (FCRA) in excess of Rs 10 lakh per year are under the jurisdiction of Lokpal.
Centre will send Lokpal bill to states as a model bill. States have to set up Lokayuktas through a state law within one year.
POWERS OF LOKPAL
- Lokpal will hthe ave power of superintendence and direction over any central investigation agency including CBI for cases referred to them by the ombudsman.
- A high-powered committee chaired by the PM will recommend selection of CBI director. The collegium will comprise PM, leader of opposition in Lok Sabha and Chief Justice of India PM has been brought under purview of the Lokpal, so also central ministers and senior officials.
- Directorate of prosecution will be under overall control of CBI director. At present, it comes under the law ministry.
- Appointment of director of prosecution to be based on recommendation of the Central Vigilance Commission.
- Director of the prosecution will also have a fixed tenure of two years like CBI chief.
- Transfer of CBI officers investigating cases referred by Lokpal with the approval of watchdog.
- Bill incorporates provisions for attachment and confiscation of property acquired by corrupt means, even while the prosecution is pending.
- Bill lays down clear timelines for preliminary enquiry and investigation and trial. Provides for special courts Public servants will not present their view before preliminary enquiry if the case requires 'element of surprise' like raids and searches.
- Bill grants powers to Lokpal to sanction prosecution against public servants.
- CBI may appoint a panel of advocates with the approval of Lokpal, CBI will not have to depend on govt advocates.
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