# A2802LB June 1st, 2011 at 11:32 am
i would like to say that, all the govt. agencies,the prime minister and chief justice of india should be brought under the torch of lokpal bill.just by the top post,someone should not escape from the enquiry if he is found at fault.no one should be immune by post.everybody should be same before the law from the poor,layman and the rich,in the top PM,CJI.
and their is definitely a need for coordination between the law enforcing agencies,ED,CBI,and the relevant departments.in particular,when a common man complaints regarding any irregularity or against a persons work,and if he provides the circumstantial evidence,prompt action should be taken in the form of lokpal.
# A2801LB June 1st, 2011 at 11:10 am
in today's i would like to ask question? now a days govt making privatization of all govt co. ie electronic board, indian oil corporation. etc will that private sector include in lokpal bill because now govt doing privatiization for thier proftit and appointig their favourable persons, and another is co-operative sector will include in in lokpal bill?
# A2798LB June 1st, 2011 at 10:14 am
now govt wants the Pm and higher judiciary and Mp in some aspect excluded from lokpal bill.this should never be accepted. it will totally dilute the lokpal bill giving every scope for their excape and this cadres will bring the culprits within their ambit and make them escape.
The present judge dinakaran case is an example . it is known to the whole world he grabbed land and other illegalities. but he manages may be with the help of higher echlons.
One consumer commission president named Kannadasan is a glaring example of nepotism of most corrupted and dismissed judge. he was additional high court judge he was not confirmed and left the service on corupt grounds. but due to state CM pressure the collegium of chennai high court judges declared him as retired and was given the post of consumer state president. But just because one straight forward judge of high court from other state made the posting null and void. inspite of this the person knocked the door of supreme court which eventually forced him to vacate the posting such is the collegium of judges.
your are well aware of judge who could not be dismissed for want of corrum in parliment when congress who supported him have absconded the parliment session to save him from impeachment motion.
There are more examples. we have to keep the higher echelons also in the scope of lokpall.
Pankaj Dhiman Says:
# A2796LB June 1st, 2011 at 9:44 am
With the approach to the great expectations bearing in mind of every Indian to have a Most Competent Lokpal Bill, I have following points to lay down in front of you which could be considered for current issue:
The Jurisdiction and Powers of 'Lokpal' to include Chief Justice of India is not a question of corruption only, it Must be viewed with the clear Provisions of the Constitution which mandates Rule of Law, The Apex Judicial Procedure, Executive Powers, Selection process & Impeachment procedure of the Head of the Judiciary i.e. CJI. So, By giving 'Lokpal' such jurisdiction, question arises that
---- whether Lokpal himself would be more reliable than CJI ? How can it be certified?
---- Whether procedure of selection of Lokpal would be more authentic than CJI ?
---- Whether by giving such jurisdiction to Lokpal, would it not be 'Boss' over the Head of the Judiciary, who(CJI) is selected by the Authentic & Faithful provision of the Constitution (By the President) ? So, is this not raising question on the provision of the Constitution, Judicial Process and capacity of the President ?
---- Moreover, who could be held accountable for the so questioned conduct of the Lokpal himself in future ?
I hope above questions and views could be helpful for you while thinking on the issue.
Thanks for your kind attention !
A Law Student, Delhi University
An Indian Citizen
Vikas Agarwal Says:
# A2778LB June 1st, 2011 at 12:33 am
I have following queries:
(1) If some public servant was involved in corruption 20 years ago. Can a case be filed for a corruption made 20 years ago? If yes, then I am worried that Lokpal will be over flooded with the applications. I think it will be a mess.
(2) If a Minister or Member of Parliament is involved in corruption being currently in power. Govt. wants to exclude sitting MPs from Lokpal Bill.
Do they want Ex-MPs or Ex-Ministers to be included? If we can include Ex-MPs, Ex-Ministers, and Ex-PM in the Lokpal Bill, it will not be too bad an alternative.
(3) Take an example when a Govt. has just 50% MPs. Suddenly a FIR is lodged against a sitting MP and charges are proved. In this case, will the MP be disqualified? If yes, will the Govt. will come in minority and will be dissolved? If yes, then it's a dangerous situation. Why should country go for another election just because one MP was corrupt? Given this scenario, I would choose to exclude sitting MPs but include Ex-MPs.
(4) Govt. is also proposing to keep CBI and Vigilance Commission intact. Under current system these organisations are able to investigate corruption against sitting MPs and Ministers. If we leave them intact and let them investigate current MPs / Ministers and file the evidence. If this happens corrupt MPs are going to lose next elections. Once they lose election, they become ex-MPs and ex-Ministers and come under the purview of Lokpal.
# A2776LB June 1st, 2011 at 12:21 am
Source of funding for Lokpal.
The person(s) found guilty of corruption should pay the following
1) Penalty as provided by Prevention of Corruption Act
2) Total cost of the investigation(s) and proceeding
3) Total cost and damages to the complainant
4) Total damages assessed to the exchequer
5) Total damages assessed to the public
These punishments should have Good Faith protections.
# A2767LB May 31st, 2011 at 10:33 pm
One of the biggest objections to the Jan LokPal movement is the lack of a democratic process to appoint a Jan lokPal. The American process of appointing a Supreme Court Justice may provide a possible solution.
Here’s a possible process:
Elect the Chief Justice of India using the same process used to elect the President of India – MLAs, MLC, RS MPs and LS MPs elect the Chief Justice through an open ballot.
This election should NOT come under purview of anti-defection law.
Minimum pre-qualifications (of candidates) will entail experience, educational background, etc.
CJI must have a finite term – 4 yrs.
Open process will allow media and Indians in general to examine historic decisions taken by various candidates.
Candidates will be weeded out based on pre-qualification criteria.
Process will remain susceptible to manipulation.
President Pratibha Patil was drenched in controversy but election went through thanks to regional loyalties of Shiv Sena.
However, with election of CJI, this manipulation will be extremely difficult as media and civil society will hound any tainted/questionable candidates
Also, candidates’ records will be public, acting as a further deterrent to manipulation
A CJI at the time of retirement will be once again ratified by the same process and appointed as the Lok Pal.
A CJI like Homi Kapadia would make an ideal Lok Pal
What if a CJI like Balkrishnan gets through the process? The double filters (Step 1 and 2) should prevent this.
Secondly, what happens if a Balkrishnan gets through and is NOT ratified in Step 2. How do we fill the Lok Pal vacancy?
- One solution: Make the new CJI the Lok Pal and appoint a new CJI in his/her place.
Naresh Muddada, Norway Says:
# A2766LB May 31st, 2011 at 10:30 pm
Regarding to the main issue of including Prime Minister and Chief Justice should come under Lokpal bill provisions.
But these two persons can be subject to questioning or to come under processdings of Lokpal bill, only "it should/must be authorization by President only". No other person should have authority to question them. But this should apply only to the individual persons i.e Only to Prime minister and Chief Justice only, it should not apply to his departmental persons. Apart from those two remaining all Members of parliament and government highest authorities should come under Lokpal bill provisions.There is no question of excluding of them.
if it will not include members of parliament, this bill is no use of drafting.....I am sorry . It should make sure that there will no person to go out of this bill provisions.
Kiran KS Says:
# A2765LB May 31st, 2011 at 9:58 pm
After attending JanLokPal meet in Bengaluru on Saturday, I strongly feel that judiciary reforms, particularly making it easy to file cases against corrupt judiciary members is the topmost priority.
Once you take away the ability of politicians to subvert judiciary, half of the corruption problems are solved.
Chatur Bhuj Deo Says:
# A2761LB May 31st, 2011 at 9:20 pm
Dear,My fellow countrymen,
A effective L OKPAL bill is needed to check the corrupt politician. M.P.'s P.M. JUDGES and C.V.C must be within the law. Now no body believe these dirty politician. Every institution had been destroyed by our leaders. To have transparency in the system, we must pass LOKPAL Bill as proposes by Mr Anna Hzare in totality. My full support to Mr Anna Hzare. If P.M. is Honest then why he is afraid with this bill. If we keep sleeping and no action talen to correct the system, shortly we may collapse/lawlessness like EGYPT. All Political parties are giving ticket to criminals, gangster and getting in parliament ,is not the will of people but mockery of electoral system.
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