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After the comedy of farce by Baba Ramdev, let us be serious about Jan Lokpal Bill as the greatest revolution is in waiting and it is our noble endeavour to make it pure democratic and bloodless. To my mind, the first step towards the making of the Bill is the induction of Anna Hazare as the nominated member of Parliament through Article 80 ( 3)  of the Constitution  by the President of India. The Article Reads as follows:

80. Composition of the Council of States

   

(1)    The Council of States shall consist of

 

(a)  twelve members to be nominated by the President in accordance with the provisions of clause ( 3 ); and

  

(b)   not more than two hundred and thirty eight representatives of the States and of the Union territories

 

(2)  The allocation of seats in the Council of States to be filled by representatives of the States and of the Union territories shall be in accordance with the provisions in that behalf contained in the fourth Schedule

 

(3)  The members to be nominated by the President under sub clause (a) of clause ( 1 ) shall consist of persons having special knowledge or practical experience in respect of such matters as the following, namely: Literature, science, art and social service

 

(4)  The representatives of each State in the council of States shall be elected by the elected members of the Legislative Assembly of the State in accordance with the system of proportional representation by means of the single transferable vote

 

(5)  The representatives of the Union Territories in the council of States shall be chosen in such manner as Parliament may by law prescribe

This is the constitutional mandate which gives teeth to Mr. Anna Hazare's Jan Andolan. The criticism of Jan Andolan that Parliament is supreme and Mr. Anna Hazare and his members of Civil Society are dictators would be anulled by this Constitutional measure. The debate in Parliament is officially broadcasted live by electronic media and thus presenting the private Bill in Parliament by Mr. Anna Hazare would solve many legal wrangles...


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Category Constitutional Law, Other Articles by - A. Patrawala Advocate 



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