At the end of the post, I hope you realize that, in its present shape, the Bill will serve no purpose. I hope all of you will scorn the fact that it just wont be able to stand the rotten scoundrels out there (which we are blessed with so many); and if you agree to this, do extend your support to this fight against corruption. This is perhaps our last and only chance!
Points to note:
- I speak for no political party.
- I am not a lawyer; and I cant say that I can understand any legal document perfectly. Nope! However, I have put in a genuine attempt, in the last two days, to go through all the relevant documents (links to which are available at the end of the post), and I can now say that I have a good understanding of these Bills.
- It is my first time that I am going through such a piece of document; however, I found this particular Bill very interesting. Lots of loopholes and manholes and potholes and what not; the plot is so good; it is much more than what we see in movies! You wont believe that someone can go this low...
Government Lokpal Bill (21st June, 2011 04:00 PM)
Chapter II: ESTABLISHMENT OF LOKPAL
Topic: Not specified
Section 3.(2)
The Lokpal shall consist of -
(a) a Chairperson; and
(b) ten Members, out of whom at least four shall be Judicial Members
Section 3.(3)
A person shall be eligible to be appointed, -
(a) as the Chairperson or a Member if he is a person of impeccable integrity, outstanding ability and standing having special knowledge of, and professional experience of not less than twenty-five years in, public affairs, administrative law and policy, academics, commerce and industry, law, finance or management;
In a totally unrelated development; the Government is planning to have the following ad in all leading dailies: "WANTED: Alive but dead; six rubber stamps for the vacancies of Lokpal members. Job Description below:" And as you guessed it right, that was the end of the ad as well - without any job description!!!
Point TWO:
Government Lokpal Bill (21st June, 2011 04:00 PM)
Chapter II: ESTABLISHMENT OF LOKPAL
Topic: Appointment of Chairperson and other Members and Selection Committee
Section 4.(1)
The Chairperson and Members shall be appointed by the President after obtaining the recommendations of a Selection Committee consisting of -
(a) the Prime Minister - Chairperson;
(b) the Speaker of the House of the People - member;
(c) the Leader of the House other than the House in which the Prime Minister is a Member of Parliament - member;
(d) the Minister in-charge of the Ministry of Home Affairs in the Government of Inida - member;
(e) the Leader of the Opposition in the House of the People - member;
(f) the Leader of the Opposition in the Council of States - member;
The list has four more members; anyway of the ten members, six are politicians! What an idea sirji! The politicans realize "United we stand; divided we fall!" Six of ten would ensure the majority for them during the selection process
Point THREE:
Government Lokpal Bill (21st June, 2011 04:00 PM)
Chapter VII: PROCEDURE IN RESPECT OF INQUIRY AND INVESTIGATION
Topic: Action on inquiry in relation to public servants not being ministers or Members of Parliament
Section 27.(1)
Where after the conclusion of the inquiry or investigation, the findings of Lokpal disclose the commission of an offence under the Prevention of Corruption Act, 1988 by a public servant referred to in clause (c) or (d) of sub-section (1) of section 17, the Lokpal may -
(b) recommend to the competent authority the initiation of disciplinary proceedings under the rules of disciplinary proceedings applicable to such public servant;
Where after the conclusion of the inquiry or investigation, the findings of Lokpal disclose the commission of an offence under the Prevention of Corruption Act, 1988 by a public servant referred to in clause (c) or (d) of sub-section (1) of section 17, the Lokpal may -
(b) recommend to the competent authority the initiation of disciplinary proceedings under the rules of disciplinary proceedings applicable to such public servant;
So who is the "competent authority" in this case?
Government Lokpal Bill (21st June, 2011 04:00 PM)
Chapter I: PRELIMINARY
Topic: Not Specified
Section 2.(1).(c)
"competent authority", in relation to -
(iii) an officer in the Ministry or Department of the Central Government means the Minister in charge of the Ministry or Department under which such officer is serving
"competent authority", in relation to -
(iii) an officer in the Ministry or Department of the Central Government means the Minister in charge of the Ministry or Department under which such officer is serving
The "competent authority" in this case is the concerned Minister. Continuing Point THREE; let us see what the Bill proposes for the recommendation from Lokpal.
Government Lokpal Bill (21st June, 2011 04:00 PM)
Chapter VII: PROCEDURE IN RESPECT OF INQUIRY AND INVESTIGATION
Topic: Action on inquiry in relation to public servants not being ministers or Members of Parliament
Section 27.(2)
The competent authority shall, within a period of thirty days of the receipt of recommendation under clause (b) of sub-section (1), initiate disciplinary proceedings against the delinquent public servant accused of committing offence under the Prevention of Corruption Act, 1988 and forward its comments on the report, including the action taken or proposed to be taken thereon, to the Lokpal ordinarily within six months of initiation of such disciplinary proceedings.
The competent authority shall, within a period of thirty days of the receipt of recommendation under clause (b) of sub-section (1), initiate disciplinary proceedings against the delinquent public servant accused of committing offence under the Prevention of Corruption Act, 1988 and forward its comments on the report, including the action taken or proposed to be taken thereon, to the Lokpal ordinarily within six months of initiation of such disciplinary proceedings.
So what Point THREE says is that Lokpal can just send its recommendations; but it is up to the concerned Minister to decide the final action. The day is not long when we would see the Minister give the officer a pat on his back, for his impeccable track record of not having missed any opportunity to get bribe from the ordinary citizen!
Point FOUR:
Government Lokpal Bill (21st June, 2011 04:00 PM)
Chapter VII: PROCEDURE IN RESPECT OF INQUIRY AND INVESTIGATION
Topic: Action on inquiry in relation to public servants being ministers or Members of Parliament
Section 28.(1).(1)
Where after the conclusion of the inquiry or investigation, the findings of Lokpal disclose the commission of an offence under the Prevention of Corruption Act, 1988 by a public servant referred to in clause (a) or (b) of sub-section (1) of section 17, the Lokpal may -
(b) recommend to the competent authority the initiation of disciplinary proceedings under the rules of disciplinary proceedings applicable to such public servant;
So who is the "competent authority" in this case?
Government Lokpal Bill (21st June, 2011 04:00 PM)
Chapter I: PRELIMINARY
Topic: Not Specified
Section 2.(1).(c)
"competent authority", in relation to -
(i) a member of the Council of Ministers, means the Prime Minister;
(ii) a member of the Parliament other than a Minister means the Council of States in the case of a member of that Council and the House of the People in the case of a member of that House;
"competent authority", in relation to -
(i) a member of the Council of Ministers, means the Prime Minister;
(ii) a member of the Parliament other than a Minister means the Council of States in the case of a member of that Council and the House of the People in the case of a member of that House;
The "competent authority" in this context is either the PM or the Council of States or the House of the People. Coming back to Point FOUR; let us see what the Bill proposes for the recommendation from Lokpal.
Government Lokpal Bill (21st June, 2011 04:00 PM)
Chapter VII: PROCEDURE IN RESPECT OF INQUIRY AND INVESTIGATION
Topic: Action on inquiry in relation to public servants being ministers or Members of Parliament
Section 28.(3)
The competent authority shall examine the report forwarded to it under sub-section (1) and communicate to the Lokpal, within a period of ninety days from the date of receipt of the report, the action taken or proposed to be taken on the basis of the report.
The competent authority shall examine the report forwarded to it under sub-section (1) and communicate to the Lokpal, within a period of ninety days from the date of receipt of the report, the action taken or proposed to be taken on the basis of the report.
So what Point FOUR says is that Lokpal can just send its recommendations; but it is up to PM or the Council of States or the House of the People (as the case might be) shall decide the final action. I guess that would be some sort of performance appraisal, where they would be given feedback for their case history and also new targets for the next reporting period!
