ANTI CORRUPTION MEASURES - PART 3
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
a. Speedy Justice.
b. No court Fee.
c. Reduces Pending cases.
Lokpal:
Lokpal is an anti-corruption authority that would deal with the complaints against the public officials in central government including the Prime Minister.
Lokayuktas:
Lokayuktas is an anti-corruption authority that would deal with the complaints against the public officials in state government.
Ombudsman:
• '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
a. Speedy Justice.
b. No court Fee.
c. Reduces Pending cases.
Lokpal:
Lokpal is an anti-corruption authority that would deal with the complaints against the public officials in central government including the Prime Minister.
Lokayuktas:
Lokayuktas is an anti-corruption authority that would deal with the complaints against the public officials in state government.
Ombudsman:
1.Ombudsman is a swedish term which means - a person who is authorised to act for someone else.
2.In general it means, an official appointed to investigate complaints especially against the public officials.
3.In India Ombudsman is referred as either Lokpal or Lokayukas.
Position in India:
The existing legal and institutional framework to check corruption and redress citizens‘ grievances in India consists of the followings:
1. Public Servants (Enquiries) Act, 1850
2. Indian Penal Code, 1860
3. Special Police Establishment, 1941
4. Delhi Police Establishment Act, 1946
5. Prevention of Corruption Act,1988
6. Commissions of Inquiry Act, 1952 (against political leaders and eminent public men)
7. All-India Services (Conduct) Rules, 1968
8. Central Civil Services (Conduct) Rules, 1964
9. Railway Services (Conduct) Rules, 1966
10. Vigilance organisations in ministries / departments, attached and subordinate offices and public undertakings
11. Central Bureau of Investigation, 1963
12. Central Vigilance Commission, 1964
13. State Vigilance Commissions, 1964
14. Anti corruption bureaus in states
15. Lokayukta (Ombudsman) in states
16. Divisional Vigilance Board
17. District Vigilance Officer
18. National Consumer Disputes Redressal Commission
19. National Commission for SCs
20. National Commission for STs
21. Supreme Court and High Courts in states
22. Administrative Tribunals (quasi-judicial bodies)
23. Directorate of Public Grievances in the Cabinet Secretariat, 1988
24. Parliament and its committees
25. File to Field‘ programme in some states like Kerala; in this innovative scheme, the administrator goes to the village/area and hears public grievances and takes immediate action wherever possible.
Lokpal:
• The Administrative Reforms Commission (ARC) of India (1966–1970) recommended the setting up of two special authorities designated as 'Lokpal‘ and 'lokayukta‘ for the redressal of citizens‘ grievances.
• set up on the pattern of the institution of Ombudsman in Scandinavian countries and the parliamentary commissioner for investigation in New Zealand.
• deal with complaints against ministers and secretaries at Central and state levels, and the lokayukta (one at the Centre and one in every state) would deal with complaints against other specified higher officials.
• The ARC kept the judiciary outside the purview of Lokpal and lokayukta asin New Zealand. But, in Sweden the judiciary is within the purview of Ombudsman.
• According to the ARC, the Lokpal would be appointed by the president after consultation with the chief justice of India, the Speaker of Lok Sabha and the Chairman of the RajyaSabha.
The ARC also recommended that the institutions of Lokpal and lokayukta should have the following features:
1. demonstratively independent and impartial.
2. investigations and proceedings should be conducted in private and should be informal in character.
3. appointment should be, as far as possible, non-political.
4. status should compare with the highest judicial functionaries in the country.
5. deal with matters in the discretionary field involving acts of injustice, corruption or favouritism.
6. proceedings should not be subject to judicial interference.
7. should have the maximum latitude and powers in obtaining information relevant to their duties.
8. should not look forward to any benefit or pecuniary advantage from the executive government.
Bills were introduced in the Parliament in the following years:
1. In May 1968, by the Congress Government headed by IndiraGandhi.
2. In April 1971, again by the Congress Government headed by IndiraGandhi.
3. In July 1977, by the Janata Government headed by MorarjiDesai.
4. In August 1985, by the Congress Government headed by Rajiv Gandhi.
5. In December 1989, by the National Front Government headed by VPSingh.
6. In September 1996, by the United Front Government headed by Deve Gowda.
7. In August 1998, by the BJP-led coalition Government headed by AB Vajpayee.
8. In August 2001, by the NDA government headed by A B Vajpayee.
9. In August 2011, by the UPA government headed by ManmohanSingh.
10. In December 2011, by the UPA government headed by ManmohanSingh.
• However, none of the bills mentioned above were passed by the Parliament due to one or the other reasons.
• The first four bills lapsed due to the dissolution of Lok Sabha, while the fifth one was withdrawn by the government. The sixth and seventh bills also lapsed due to the dissolution of the 11th and 12th Lok Sabha
• Again, the eight bill (2001) lapsed due to the dissolution of the 13 th Lok Sabha in 2004.
• The ninth bill (2011) was withdrawn by the government.
• The latest tenth bill (2011) is pending in the Parliament.
• Hence, the institution of Lokpal has not yet come into existence in our country, though its need was felt long ago.
Status of Lokpal Bills Lokpal and Lokayuktas Bills:
The Bill seeks to provide for the establishment of a body of Lokpal for the Union and Lokayukta for states to
inquire into allegations of corruption against certain public functionaries and for matters connected therewith or incidental thereto. The salient features of the Bill are enumerated here.
(i) Lokpal to consist of a Chairperson and up to eight members and not less than 50% of the members to be from SCs, STs, OBCs, minorities and women
(ii) Provision for Selection Committee for selection of the Chairperson and the members and a Search Committee of at least seven members not less than 50% of whom to be from SCs, STs, OBCs, minorities and women
(iii) Lokpal to have jurisdiction over public functionary who is or has been the Prime Minister (with subject matter exclusion and some other safeguards); Minister of the Union; Member of Parliament; Public Servant as defined under the Prevention of Corruption Act, 1988 belonging to Group ‘A‘,’B‘,’C‘ or’D‘; functionary of any body or board or corporation or authority or company or society or trust or autonomous body established by an Act of Parliament or wholly or partly financed by the Central Government or controlled by it; functionary of such bodies or organisations aided by the Government the annual income of which exceeds an amount notified by the Central Government; functionary of such bodies or organisations in receipt of donation from public and their annual income exceeding an amount notified by the Central Government or where such bodies / organisations receive donation from any foreign source under FCRA in excess of Rs. 10 lakh in a year
(iv) Lokpal to have under it an independent Inquiry and Prosecution Wing
(v) Separation of investigation from prosecution thereby, removing conflict of interest and increasing scope for professionalism and specialisation
(vi) Lokpal to have power of superintendence and directions over any investigation agency including the CBI, for cases referred to them by the Lokpal
(vii) No prior sanction required for launching prosecution in cases inquired by Lokpal or initiated on the direction and with the approval of the, Lokpal
(viii) Provision for attachment and confiscation of property acquired by corrupt means even while prosecution is pending
(ix) Appointment of Director, CBI to be on the recommendations of a high-powered committee chaired by the Prime Minister
(x) Specific timelines for preliminary inquiry, investigation and trial
(xi) Enhancement of minimum and maximum punishment under the Prevention of Corruption Act from six months to two years and from seven years to ten years, respectively
(xii) Lokpal to have powers to recommend transfer or suspension of public servants connected with allegations of corruption
(xiii) Lokpal empowered to constitute sufficient number of special courts
(xiv) To provide for Lokayuktas in the States on similar lines.
Position in India:
The existing legal and institutional framework to check corruption and redress citizens‘ grievances in India consists of the followings:
1. Public Servants (Enquiries) Act, 1850
2. Indian Penal Code, 1860
3. Special Police Establishment, 1941
4. Delhi Police Establishment Act, 1946
5. Prevention of Corruption Act,1988
6. Commissions of Inquiry Act, 1952 (against political leaders and eminent public men)
7. All-India Services (Conduct) Rules, 1968
8. Central Civil Services (Conduct) Rules, 1964
9. Railway Services (Conduct) Rules, 1966
10. Vigilance organisations in ministries / departments, attached and subordinate offices and public undertakings
11. Central Bureau of Investigation, 1963
12. Central Vigilance Commission, 1964
13. State Vigilance Commissions, 1964
14. Anti corruption bureaus in states
15. Lokayukta (Ombudsman) in states
16. Divisional Vigilance Board
17. District Vigilance Officer
18. National Consumer Disputes Redressal Commission
19. National Commission for SCs
20. National Commission for STs
21. Supreme Court and High Courts in states
22. Administrative Tribunals (quasi-judicial bodies)
23. Directorate of Public Grievances in the Cabinet Secretariat, 1988
24. Parliament and its committees
25. File to Field‘ programme in some states like Kerala; in this innovative scheme, the administrator goes to the village/area and hears public grievances and takes immediate action wherever possible.
Lokpal:
• The Administrative Reforms Commission (ARC) of India (1966–1970) recommended the setting up of two special authorities designated as 'Lokpal‘ and 'lokayukta‘ for the redressal of citizens‘ grievances.
• set up on the pattern of the institution of Ombudsman in Scandinavian countries and the parliamentary commissioner for investigation in New Zealand.
• deal with complaints against ministers and secretaries at Central and state levels, and the lokayukta (one at the Centre and one in every state) would deal with complaints against other specified higher officials.
• The ARC kept the judiciary outside the purview of Lokpal and lokayukta asin New Zealand. But, in Sweden the judiciary is within the purview of Ombudsman.
• According to the ARC, the Lokpal would be appointed by the president after consultation with the chief justice of India, the Speaker of Lok Sabha and the Chairman of the RajyaSabha.
The ARC also recommended that the institutions of Lokpal and lokayukta should have the following features:
1. demonstratively independent and impartial.
2. investigations and proceedings should be conducted in private and should be informal in character.
3. appointment should be, as far as possible, non-political.
4. status should compare with the highest judicial functionaries in the country.
5. deal with matters in the discretionary field involving acts of injustice, corruption or favouritism.
6. proceedings should not be subject to judicial interference.
7. should have the maximum latitude and powers in obtaining information relevant to their duties.
8. should not look forward to any benefit or pecuniary advantage from the executive government.
Bills were introduced in the Parliament in the following years:
1. In May 1968, by the Congress Government headed by IndiraGandhi.
2. In April 1971, again by the Congress Government headed by IndiraGandhi.
3. In July 1977, by the Janata Government headed by MorarjiDesai.
4. In August 1985, by the Congress Government headed by Rajiv Gandhi.
5. In December 1989, by the National Front Government headed by VPSingh.
6. In September 1996, by the United Front Government headed by Deve Gowda.
7. In August 1998, by the BJP-led coalition Government headed by AB Vajpayee.
8. In August 2001, by the NDA government headed by A B Vajpayee.
9. In August 2011, by the UPA government headed by ManmohanSingh.
10. In December 2011, by the UPA government headed by ManmohanSingh.
• However, none of the bills mentioned above were passed by the Parliament due to one or the other reasons.
• The first four bills lapsed due to the dissolution of Lok Sabha, while the fifth one was withdrawn by the government. The sixth and seventh bills also lapsed due to the dissolution of the 11th and 12th Lok Sabha
• Again, the eight bill (2001) lapsed due to the dissolution of the 13 th Lok Sabha in 2004.
• The ninth bill (2011) was withdrawn by the government.
• The latest tenth bill (2011) is pending in the Parliament.
• Hence, the institution of Lokpal has not yet come into existence in our country, though its need was felt long ago.
Status of Lokpal Bills Lokpal and Lokayuktas Bills:
The Bill seeks to provide for the establishment of a body of Lokpal for the Union and Lokayukta for states to
inquire into allegations of corruption against certain public functionaries and for matters connected therewith or incidental thereto. The salient features of the Bill are enumerated here.
(i) Lokpal to consist of a Chairperson and up to eight members and not less than 50% of the members to be from SCs, STs, OBCs, minorities and women
(ii) Provision for Selection Committee for selection of the Chairperson and the members and a Search Committee of at least seven members not less than 50% of whom to be from SCs, STs, OBCs, minorities and women
(iii) Lokpal to have jurisdiction over public functionary who is or has been the Prime Minister (with subject matter exclusion and some other safeguards); Minister of the Union; Member of Parliament; Public Servant as defined under the Prevention of Corruption Act, 1988 belonging to Group ‘A‘,’B‘,’C‘ or’D‘; functionary of any body or board or corporation or authority or company or society or trust or autonomous body established by an Act of Parliament or wholly or partly financed by the Central Government or controlled by it; functionary of such bodies or organisations aided by the Government the annual income of which exceeds an amount notified by the Central Government; functionary of such bodies or organisations in receipt of donation from public and their annual income exceeding an amount notified by the Central Government or where such bodies / organisations receive donation from any foreign source under FCRA in excess of Rs. 10 lakh in a year
(iv) Lokpal to have under it an independent Inquiry and Prosecution Wing
(v) Separation of investigation from prosecution thereby, removing conflict of interest and increasing scope for professionalism and specialisation
(vi) Lokpal to have power of superintendence and directions over any investigation agency including the CBI, for cases referred to them by the Lokpal
(vii) No prior sanction required for launching prosecution in cases inquired by Lokpal or initiated on the direction and with the approval of the, Lokpal
(viii) Provision for attachment and confiscation of property acquired by corrupt means even while prosecution is pending
(ix) Appointment of Director, CBI to be on the recommendations of a high-powered committee chaired by the Prime Minister
(x) Specific timelines for preliminary inquiry, investigation and trial
(xi) Enhancement of minimum and maximum punishment under the Prevention of Corruption Act from six months to two years and from seven years to ten years, respectively
(xii) Lokpal to have powers to recommend transfer or suspension of public servants connected with allegations of corruption
(xiii) Lokpal empowered to constitute sufficient number of special courts
(xiv) To provide for Lokayuktas in the States on similar lines.
Magme Guru is India's Biggest learning free App for Aspirants who are competing for all government exams with more than 2350+ Subjects and 523+ Exams.
No comments:
Post a Comment