Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Nirmalkumar Suryawanshi (Advocate)     24 April 2011

Lokpal bill

 

 In 1961, the American Bar Association recognized the value of the institution and wrote the criteria for creating an Ombudsman Office. These criteria are still accepted today.

      The American Bar Association recommends:

·         That state and local governments of the United States should give consideration to the establishment of an Ombudsman authorized to inquire into administrative action and to make public criticism.

·         That each statute or ordinance establishing an Ombudsman should contain the following twelve essentials: 
       (1) authority of the Ombudsman to criticize all agencies, officials, and public employees except courts and their personnel, legislative bodies and their personnel, and the chief executive and his personal staff; 
       (2) independence of the Ombudsman from control by any other officer, except for responsibility to the legislative body; 
       (3) appointment by the legislative body or appointment by the executive with confirmation by a designated proportion of the legislative body, preferably more than a majority, such as two-thirds; 
       (4) independence of the Ombudsman through a long term, not less than five years, with freedom from removal except for cause, determined by more than a majority of the legislative body, such as two-thirds; 
       (5) a high salary equivalent to that of a designated top officer; 
       (6) freedom of the Ombudsman to employ assistants and to delegate work to them, without restraints of civil service and classification acts; 
       (7) freedom of the Ombudsman to investigate any act or failure to act by any agency, official, or public employee; 
       (8) access of the Ombudsman to all public records deemed relevant to an investigation; 
       (9) authority to inquire into fairness, correctness of findings, motivation, adequacy of reasons, efficiency, and procedural propriety of any action or inaction by any agency, official, or public employee; 
       (10) discretionary power to determine what complaints to investigate and to determine what criticisms to make or to publicize; 
       (11) opportunity for any agency, official, or public employee criticized by the Ombudsman to have advance notice of the criticism and to publish with the criticism an answering statement; 
       (12) immunity of the Ombudsman and staff from civil liability on account of official action.



Learning

 10 Replies

N.K.Assumi (Advocate)     24 April 2011

It's no wonder why American Administartion is very transparent, firm and strong making a vibrant Democratic Nation.

Arup (UNEMPLOYED)     24 April 2011

OK.


(Guest)

But we are trying to bring legislative , bureaucracy as well as judiciary under the Lokpal. Isn't it?

B.K.GUPTA... (ADVISOR)     25 April 2011

Dear Mr Suryavanshi

In my viewpoint from 1961 to 2011 we have witnessed deterioration in moral values,degradation in quality of justice.Don't you think that in 1961 one could imagine what is wrong and what it should have been and rules were easily understandable and any person having a minimum wisdom regarding 'NATURAL JUSTICE'could ascertain law point or say that what would or should be the just.AND now in 2011,you are a senior advocate are you satisfied with the descisions of the courts .Can you imagine what would be the judgement or would it be right or far from the facts.

So today we need clearcut provisions.Please go through clause 17 of the proposed draft of JAN LOKPAL BILL and in my opinion this clause alone is strong enough to provide gateways to the corrupts.

1 Like

Nirmalkumar Suryawanshi (Advocate)     25 April 2011

Sir,

I welcome your  views and one way support them.My anxity is that  the bill should be drafted with more care and caution without sacrifying independence of judicial system which was created by our constitutiom makres(which include Dr.  Babasaheb Ambedkar, Jawaharlalji, Dr. Rajendra Prasad and so many giants in Constituent Assembly)after long and thughtful deleberations.

True. and it is also my experience that there are   judges who are too corrupt.But we can have provision to prosecute them under anticurruption laws and Judges Inquiry Act.Article 124 provides remedy for it.True these laws should be amended to make it easy to bring those corrupt judges to justice.Fault does lie  in the sysyem but in those persons who are charged wirh a duty to enforce the law.

Thanks

B.K.GUPTA... (ADVISOR)     25 April 2011

Dear Mr Suryavanshi

Your concern for drafting the bill with more care & caution is appreciable and by creation of Lokpal how the independence of judiciary is being attacked.Independence and accountability are different matters and judiciary being not accountable acts in a manner ,more often ,that it surpasses the facts of the case,as it has got inherent powers .

Actually what I have very well noticed the main problem with judiciary is CITATIONS.The TRUTH & FACTS of the case are more often misplaced in the jungle of citations and that is the main reason people's faith in judiciary is coming under attack.

You would agree that truth never changes,it would remain as it was then why we keep provision that matters pending in any court should not be dealt by any other agency.

I would not like to go into the matter of corruption in judiciary as I had not come across such a situation . So far as the provision of Article 124 as you have mentioned it would be a long exercise and we all are wasting btime and energy in courts.WE SHOULD PROMOTE NATURAL JUSTICE.

Arup (UNEMPLOYED)     25 April 2011

independence of judicial system

" My anxity is that  the bill should be drafted with more care and caution without sacrifying independence of judicial system

which was created by our constitutiom makres(which include Dr.  Babasaheb Ambedkar, Jawaharlalji, Dr. Rajendra Prasad and so many giants in Constituent Assembly)after long and thughtful deleberations."

 

---   independence of judicial system turned into  itself a corrupt process.

under the curtain of  -  independence of judicial system,  -  corrupt processes are hidden.

what if, everything is open and everyone can see the judicial process.       WHEATHER RIGHT OR WRONG.

Arup (UNEMPLOYED)     25 April 2011

I FULLY AGREED WITH MR B K GUPTA'S  ABOVE ARGUEMENTS.

 

1 Like

Arup (UNEMPLOYED)     25 April 2011

"which was created by our constitutiom makres(which include Dr.  Babasaheb Ambedkar, Jawaharlalji, Dr. Rajendra Prasad and so many giants in Constituent Assembly)after long and thughtful deleberations."

 

---   THESE GREAT MEN, UNDOUBTEDLY DONE THIS GREAT WORK ' THE CONSTITUTION OF INDIA '.

THIS GIVES US A LOT.

BUT IT HAS ALSO LIMITATIONS.

THESE GREAT MEN WELL AWARE ABOUT THE HISTORY AND CURRENT AFFAIRS UPTO THE PREPARETION OF THE CONSTITUTION.

ACCORDING TO THAT EXPERIENCE THEY PREPARED THIS CONSTITUTION.

AFTER PREPARETION OF CONSTITUTION IT WAS AMENDED SEVERAL TIMES.

ARE THERE SUCH TYPE OF QUESTION RAISED  THAT AFTER AMENDMENT THE PIOUSITY OF THE CONSTITUTION WILL BREAK?

NO, NEVER.

THEN WHY AT THIS TIME SUCH QUESTIONS RAISED ?

BECAUSE THIS TIME NOT THE BUROCRATS BUT THE NON BORUOCRATS ARE ACTIVE AND TRING TO SHUT THE LOOPWHOLES OF CORRUPTIONS.

IF THE PRESENT CONSTITUTION IS ABLE TO SHUT THE LOOPWHOLES OF CORRUPTIONS, THEN WE NEED NOT TO   WORRIED OR AFFRAID ABOUT  IT.

BUT UNFORTUNATELY, THIS NOT HAPPENING.

IN FRONT OF US, WE HAVE SAY SIXTY YEARS EXPERIENCE OF CORUPTION.

IN THE LIGHT OF ABOVE, NOW NON BUROCRATS PREPARING THIS LAWS OF ANTI CORRUPTION.

1 Like

Satya Narayana Palukuru (Advocates & Mediators.)     07 May 2011

The bill should aim for the present day needs of the Society and inbuilt mechanism

to overcome the defects of other relevent acts . Otherwise it will be one more Act in the hunders of acts.


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