Jan Lokpal Bill-Undemocratic and unconstitutional


 

Appoinment of  Committee for Drafting Lokpal Bill? (was it democratic?)

1.There is a procedure provided for formation of  committee for drafting a bill

to be introduced in a parliament.Only members of parliament can be the members

of such committee.Therefore introduction of non-members of parliament is a breach of rule.

2.The procedure followed to introduce non-members of parliament is too undemocratic.It is unknown for

 established procedure of law  that self appointed leader of agitation makes selection of the members of committee.

3.The socalled draft of Jan Lokpal Bill  was prepared by 3-4 persons (when its versions are often changing),

who are less constitutional law experts and more professionals.The  draft was not translated in all regional

 languages and circulated in public for public debate.Those who are so enthusiastically supporting ' Civil Society' do not know

 the drastic provisions in Jan Lokpal Bill.I doubt whether Hajare knows them?

4. No public discussions were held and  public consensus was obtained before the draft was proposed to the Government.How it can be claimed it is a Jan Lokapal Bill

5. The Members of the Parliament are nor briefed about the draft.

Rules established procedure of law and basic norms of democratic process is violated?How We can trust the persons who have no regard for legal procedure would help us to fight against corruption?

Read procedure of legislation visiting http://mpa.nic.in/Manual/Manual_English/Chapter/chapter-09.htm


 
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UNEMPLOYED

NO.

SELECTION DONE  IN NOT A DEMOCRATIC WAY.

BUT IT IS NOT UNCONSTITUTIONAL ALSO.

IN CONSTITUTION, THERE IS NO GUIDENCE - HOW TO DRAFT  A BILL?

THE WAY TO PASS A BILL IS WELL SETTLED IN CONSTITUTION.

 
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UNEMPLOYED

" 1.There is a procedure provided for formation of  committee for drafting a bill

to be introduced in a parliament.Only members of parliament can be the members"

---   WHAT IS THE ARTICLE NUMBER?

 
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UNEMPLOYED

Drafting stage              

9.3 The Ministry of Law and Justice (Legislative Department) will then prepare a draft Bill ordinarily within thirty days from the date of receipt of the proposal after clearance from the Department of Legal Affairs, unless any clarifications are required or it is not possible to do so for contingencies such as the draftsman being busy with budget proposals etc., on the basis of the material made available by the concerned department, holding discussions with the officers of that department for getting various aspects of the Bill clarified, wherever considered necessary.///===

I GONE THROUGH YOUR ATTACHED FILE.

WHO SAYS YOU THAT IT IS A PART OF CONSTITUTION?

 

UNCONSTITUTIOAL MEANS IT IS AGAINST THE CONSTITUTION; IT IS VIOLATING ANY PROVISIONS ( IE ART.) OF THE CONSTITUTION.

 

IF YOU OPEN THE BOOK - THE CONSTITUTION OF INDIA, YOU COULD EASILY UNDERSTAND THAT, THE SAID TEXT IS NOT THE PART OF CONSTITUTION.

 
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Advocate

I  am of the view that we focus more on the nature and character of the Lok Pal Bill instead of focusing on the procedure of introducing the Bill in the House.

 
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civil practice

legislation is tobe movedby the deptt.concerned or MP.Neither burecrates nor MPs want to do this. and that is why is hanging for so long. I agree with Assumiji.If anything good in the national interest why certain formalities should hinder it.

 
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Even as per the existing legislative rules, the department concerned will "formulate the legislative proposals in consultation with all the interests and authorities concerned" and so the word all the interests concerned clealry leaves room for consulting or even recruiting civil society groups and persons for the legislative proposal. So the present drafting committee should be seen as drafting a pre-drafting legislative proposal for Lok Pal. After completion of the draft, it will be sent to the Ministry of Law and Justice, then for Cabinet approval, etc. So there is no incongruity or unconstitutionality or even unlawfulness in the present process adopted by the Govt in coopting or welcoming the civil society persons into drafting committee. There is nothing in law or constitution which says that only parliament members should be in the drafting committee; what is essential is that only parliament members can and will pass the bill. 

As far as the composition of the drafting committee as at present is concerned, I already expressed reservations about its civil society membership and would like only one member of Bhushan family in it and would like activists like Aruna Roy to be inducted. Prashant Bhushan may continue but Shantibhushan should withdraw. What this drafting committee drafts will go as the pre-legislative proposal and then a due draft will be approved by the Ministry of Law and Justice and the Cabinet and then moved in the Parliament. In the present circumstances the drafting of this pre-legislative proposal (draft) is crucial and once that is achieved unanimously or by large consent in the present drafting committee, I think no further obstacles will be there to move it as a bill except possibly some more time delays for any various reasons.

 

 

Legislation

Department responsible for initiating legislation

9.1 Every proposal for legislation in Parliament will be initiated in the department to which the subject matter of the legislation relates.

 

       

Pre-drafting stage

9.2 Pre-drafting stage of a legislative proposal will fall into the following four broad sub-stages:

 

Formulation of legislative proposals

(a) The department concerned will formulate the legislative proposals in consultation with all the interests and authorities concerned, essentially from administrative and financial points of view. This should include a discussion on the necessity for the proposed legislation and all matters of substance to be embodied therein but not the technical details of the drafting.

 

Consultation with the Ministry of Law and Justice

(b) The department concerned will thereafter refer the matter to the Ministry of Law and Justice for advice as to its feasibility from legal and constitutional points of view. The Ministry of Law and Justice will, at this stage, advise generally on the necessity or desirability of such legislation in the light of the existing laws and also constitutional validity of the proposals without going into details.

 

Approval of the Cabinet

 

 

(c) If it is decided to proceed with the legislation, a self-contained note will be prepared by the department concerned in consultation with the Ministry of Law and Justice (Legislative Department) and other concerned departments.

 

 

 

(d)  The department concerned will also send all the relevant papers to the Ministry of Law and Justice (Legislative Department) with an Office Memorandum indicating the precise lines on which it has been decided to legislate, to enable that department to take up drafting of the requisite Bill. The Office Memorandum will contain:

      (i) complete details of the legislative proposals;

      (ii) the entire background material (placed on the file for reference);

      (iii) all other details relevant to the proposed Bill; and

      (iv) Draft Note for the Cabinet.

      The administrative department will not attempt a draft of the Bill.

 
 
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*************

Respected Seniors,

I am a law student. Though it is not customary to include the people out of parliament to draft a bill. But changes are to be invited if they are good. The essence of this problem is that the members of the houses are people elected. They choose them ,they are vested with this responsibility.  The major concern is that that how the members who are not the members of houses will deal with many problems they do not know that will come in future. But i still support the jesture of involvement of people into this committe. But the decision must be as a resultof debates and not balckmails.

 
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Advocate & Consumer Rights

What about the Lokpal at Karnataka ? Has it abolished corruption ?  Simply lot of hue and cry is being suddenly raised by the so called civil society.  What was all of them doing for the past 40 years.

 
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UNEMPLOYED

LAST 40 YEARS, CORRUPTED POLITICIANS AND THEIR CHELLA'S, DID NOT ALLOW TO PUT IT AT PARLIAMENT.

NOW ALSO, THEY ARE TRYING TO STOP DRAFTING OF THE BILL.

 
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