Website of the Department of Personnel and Training :-
http://www.persmin.nic.in/Lokpal_Index.asp
Suggestions can be given at: suggestions-lokpal@nic.in
From: milapchoraria@hotmail.com
To: suggestions-lokpal@nic.in
Subject: My suggestion on Lokpal Bill
Date: Tue, 31 May 2011 11:39:23 +0530
MILAP CHORARIA
B-5/52, Sector-7, Rohini, New Delhi-110085
Website: http://milapchoraria.tripod.com/msp / http://www.freelists.org/list/rtitimes
https://lists.riseup.net/www/arc/rti-times/ E-Mail: milap.choraria@yahoo.com
Dated: 31st May, 2011
To,
Respected All Members of Lokpal Bill Joint Drafting Committee,
Through : Department of Personnel an Training,
Ministry of Personnel, Public Grievances and Pensions,
Shastri Bhawan, New Delhi-110001
Respected Sirs,
I may be allowed to submit following suggestions for the kind consideration by the Lokpal Bill Joint Drafting Committee:-
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.
Grounds for my suggestion:-
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, by making frivolous complaaints.
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.
Article 74 of the Constitution:-
(1) There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President who shall, in the exercise of his functions, act in accordance with such advice;
Provided that the President may require the Council of Ministers to reconsider such advice, either generally or otherwise, and the President shall act in accordance with the advice tendered after such reconsideration.
(2) The question whether any, and if so what, advice was tendered by Ministers to the President shall not be inquired into in any court.
It means Prime Minister being the head (not individual) of a Council of Ministers is empowered thus accountable to exercise of his functions, which does not include any function exercise for the benefit of any individual, therefore, the Office of the Prime Minister cannot be hobbled by any frivolous complaint. Likewise the office of the President too is accountable to the Constitution, and any criminal misconduct should be covered within the jurisdiction of the Lokpal to investigate it.
There are evidences in my records that Judges of Higher Judiciary has violated their Oath in performance of their duties of the respective office under favour or ill-will and against the proprietary of the Constitution and the law, therefore such performance are required to be investigated by an independent investigation agency, free from the Government.
2. The Members of the Lokpal Institution should also 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
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