The Jan Lokpal Bill-IV: Questions we need to be asking
Posted on May 11, 2011
In this, the next post in the series, T.R. Raghunandan, spokesperson, ipaidabribe.com shares with us the questions raised at the Round Table to help us better understand the Lokpal Bill and the various aspects that need to be considered when planning its next version.
So let us plunge into the issues that concern the establishment and functioning of a Lokpal at the centre and Lokayuktas in the states. The eighteen issues discussed in the Loksatta Round Table on 24 April are excellent starting points for our consideration. I cannot but once again commend the value of hard core analysis when it comes to a big ticket policy matter.
Often, emotionally charged discussions and protests tend to cloud exactly what the issues that are being discussed are. The work of the back room boys and girls is not as eye-catching as public protest, but it is equally important and necessary in order to bring the essence of the questions before us to the fore. The presentation of these questions and discussion on them was immensely useful to the Round Table.
I have classified the 18 issues identified by Lok Satta into five categories as follows:
Issues relating to composition of the Lokpal:
• How many members should there be to comprise the institution of the Lokpal? • What should be the criteria for selection of the chairperson and members of the Lokpal? • Who should comprise the collegium for the selection of the Lokpal and its members? • What ought to be the process by which a Lokpal and other members can be removed?
Jurisdiction of the Lokpal:
• What should be the nature and scope of the jurisdiction of the Lokpal? • What is the nature of complaints that ought to be entertained by the Lokpal?
Powers of the Lokpal:
• What should be the powers of the Lokpal to take up investigations suo moto? What ought to be its powers in respect of investigation into complaints and the carrying out of searches and seizures? • Should the Lokpal have direct powers to remove civil servants and if so, when and how are these to be exercised?
Functioning of the Lokpal and relationship with other institutions:
• Should the Lokpal have its own investigation machinery and if so, how is this to be structured? • What should be the relationship of the Lokpal with the Central Vigilance Commission? • What should be the role of the CBI in a Lokpal regime? • How can one appoint independent and effective prosecutors in anti-corruption cases • For the speedy disposal of cases by the Lokpal and anti-corruption courts, should timelines on disposal be imposed? • What is the value of the provision of a general nature contained in the draft bill relating to monitoring of government performance, such as through citizens charter?
Issues concerning enactment of a Lokpal Act:
• Is a constitutional amendment needed prior to bringing in a Lokpal Act, as the provisions of the latter might affect Part XIV of the Constitution? • Are changes required in current executive orders (for example, the single directive of the CBI) in order to make a Lokpal Act more effective? • Can a single law, as is the case with the RTI Act, provide for a Lokpal at the central level and Lokayuktas in states? • Are amendments required in the Prevention of Corruption Act, 1988, regarding enlarging the definition of corruption and if so, what may they be?
While the questions raised are relevant and need to be carefully addressed on a larger platform, are there any suggestions you may want to contribute, any comments you may have, another question perhaps? Do write in and share them with us, here.
Read the other posts in this series here:
The Lokpal Bill VII–Safety locks
The Lokpal Bill-VI: Heavy is the head that wears the crown
The Lokpal Bill-V: The light must shine on us all
The Jan Lokpal Bill–III: Setting the Stage for Discussion
It’s a fast. Not blackmail.
Annaji and I