National anti corruption lokpal rashtriya rajya bhrashtachar nivaran lokpal
This presentation is the property of its rightful owner.
Sponsored Links
1 / 9

National Anti-corruption Lokpal Rashtriya/Rajya Bhrashtachar Nivaran Lokpal) PowerPoint PPT Presentation


  • 73 Views
  • Uploaded on
  • Presentation posted in: General

National Anti-corruption Lokpal Rashtriya/Rajya Bhrashtachar Nivaran Lokpal). An Element of the Concurrent and Collective Anti Corruption and Grievance Redress Measures. BASIC APPROACHES. Strengthen and support democratic processes and institutions rather than bypass them.

Download Presentation

National Anti-corruption Lokpal Rashtriya/Rajya Bhrashtachar Nivaran Lokpal)

An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.


- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -

Presentation Transcript


National anti corruption lokpal rashtriya rajya bhrashtachar nivaran lokpal

NationalAnti-corruption LokpalRashtriya/Rajya Bhrashtachar Nivaran Lokpal)

An Element of the Concurrent and Collective Anti Corruption and Grievance Redress Measures


Basic approaches

BASIC APPROACHES

  • Strengthen and support democratic processes and institutions rather than bypass them.

  • Bypass democratic institutions for:

    • implementation

    • regulation

    • Legislation

  • Perhaps the first charge for preventing corruption and grievances must always be with democratic institutions.


Basic approaches1

BASIC APPROACHES

  • What are the main constraints in fighting corruption and preventing grievances?

  • Lack of strong laws ? Or lack of implementation?

  • Lack of institutions? Or an inability to make them perform?

  • Though we might need some new laws and institutions, they would also go the same way as the old ones, unless we concurrently tackled implementation problems.


Scope and coverage

SCOPE AND COVERAGE

  • Investigate and prosecute (though preferably through an independent agency, finally)

  • Investigate and prosecute the Prime Minister

    • After clearance from SC full bench;

    • After giving notice to ruling party/coalition;

    • Not for vicarious responsibility.

  • I & P ministers, MPs, senior officers etc.

  • All co-accused, including officials, NGOs and corporates.


Scope and coverage1

SCOPE AND COVERAGE

  • Exclude higher judiciary – but cover them in a revised “Judicial Standards and Accountability Lokpal”.

  • Exclude grievances – to be dealt with by the Public Grievances Lokpal

  • Exclude middle level bureaucracy – covered under a strengthened/new CVC/SVC.

  • Cover lower bureaucracy by strengthening departmental enquiry processes.


Scope and coverage2

SCOPE AND COVERAGE

  • Need to amend PCA to cover corporates - entity that receives from public authority any order, contract, license, clearance, etc. in violation of law/rules - deemed to have indulged in corrupt practices.

  • Should take cognisance of complaints under PCA, Chapter IX of the Indian Penal Code, Prevention of Money laundering Act, etc.


Problems with the official bill

PROBLEMS WITH THE OFFICIAL BILL

  • Selection committee:

    • Replace Science Academy head/national Professor with two central university VCs – scientist and social scientist/humanities.

    • Cabinet secretary not member.

  • Mandatory search committee (poor past experience)

    • Putting the shortlist in the public domain.

    • Inviting and considering public comments.

    • Making basis of final shortlist public


Problems with the official bill1

PROBLEMS WITH THE OFFICIAL BILL

  • No elevation of Lokpal member as chair

  • Stronger financial autonomy (sections 16, 43, 44 and 46)

  • Section 38(2) – not desirable that all trials must be completed within two years – what happens if they are not?

  • Not desirable that government (through the President) decides to initiate enquiry against Lokpal member, and decides penalty (s. 40)


Problems with the official bill2

PROBLEMS WITH THE OFFICIAL BILL

  • Should not be sole authority to decide complaints against own officers – ombudsman.

  • No penalty for false and frivolous/vexatious complaints – cannot define or objectively determine. Only for false and proven malfide intent – and then only a reasonable fine (s. 50).

  • Complaints that are cognizable under Lokpal should not be cognisable under any other act.

  • NGOs?


  • Login