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M. PIRAVI PERUMAL (Advocate & Consumer Rights)     20 April 2011

LOKPAL Bill

Is it legally right to include members of civil society other than elected Members of Parliament in the committee to draft Lokpal Bill ?  Requests the legal position and the opinion of the learned LCI members in this regard.



 25 Replies

Arup (UNEMPLOYED)     20 April 2011

legality of the members of civil society.

it is fully legal,

-  because govt drafting a bill for the purpose of present the bill before the parliament.

-  it is not the civil society who present the bill before the parliament.

-  it is govt who will present the bill before perliament.

-  civil society assisting the govt to prepare the bill.

therefore no illigality is there.

Arup (UNEMPLOYED)     20 April 2011

chose of the member of civil society.

 

ofcourse not fornmed in a democratic way.

but the persons elected are fully capable of drating the bill.

also they working against the coruption  long last.

Arup (UNEMPLOYED)     20 April 2011

seeing the pending bill last 42 years, people is now on mood that - let the bill place before the perliament first,  then people will see what is the stand of our perliamenterians on the bill.

Sarvesh Kumar Sharma Advocate (Advocacy)     20 April 2011

agree with all the view of mr. arup uncle!

akash kapoor (*************)     20 April 2011

India is a democracy. The constitution never abstains the civil society to assist the government in drafting any kind of statute. I fully agree with Mr Arup.

N.K.Assumi (Advocate)     21 April 2011

As mentioned by Sir.Arup, the bill was kept in cold storage for nealy half a century for reasons best known to them only. But Lok Pal Bill or No Lok Pal Bill, Corruption can not be erradicated in India, unless the people of India Revolutioanized the systems of this Nation.

Bhawani Mahapatra (Law Officer)     21 April 2011

In indian democracy, its only the legislature who will prepare the bill of any nature, present it before the Parliament, and get it passed by majority of voting and then get it signed by the President. The civil society or any one other than the legislature can assist the legislative, only if they seek help/advice, otherwise civil society or the strangrer has no locus standi to draft bills. In present prospective, the govt. is compelled by the agitation of civil society to take advice/suggestion from the members of civil society, otherwise law cannot help in this matter to the civil society in include in the draft committee of Lok Pal Bill

Arup (UNEMPLOYED)     21 April 2011

mr mahapatra, please read my post at 1816 on 20/4/11 above on this thread.

legality of the members ........no illigality is there.

seeing the pending bill last 42 years .....  perliamenterians on the bill.

 

the said bill will be present by the govt only and not by the civil society, before the perliament and perliament will take the final decission, whether the bill will be an act or not.

a group of people intentionally trying to create the confusion to disturb and deroute the bill.

Arup (UNEMPLOYED)     21 April 2011

please read derail instead of deroute

jolly (lawyer)     21 April 2011

Drafting members need not necessarily be the parliamentarian or minister, there is no bar on it by the constitution. in the modern time the parliament sits for for so few days and the number of acts to be passed so much, that hardly our parliamentarian read, know, discuss or help in drafting a legislation.

Also people have forgotten delegated legislation, whereby the power to legislate is delegated by means of act, except in case of Taxation.

1 Like

M. PIRAVI PERUMAL (Advocate & Consumer Rights)     21 April 2011

I am not justifying the politicians or against the inclusion of members of civil society/public. But how and why just a very few members has been appointed in the Committee. Just bcoz they went on fasting.  What these people were doing all this time.   I just want to know know the legal position.

Arup (UNEMPLOYED)     21 April 2011

i fully agreed and support the post of ms jolly. what she told fully legal and constitutional.

there is no constituioal bar to appoint someone as a member of the drafting commitee by the president of india.

 

I just want to know know the legal position

---   there is no constituioal bar to appoint someone as a member of the drafting commitee of a bill by the president of india.

Arup (UNEMPLOYED)     21 April 2011

But how and why just a very few members has been appointed in the Committee. Just bcoz they went on fasting.  What these people were doing all this time.

 

---   the five persons all are well known in the field of social work. we already know about them if you search by name you will get the credentials in favour of them.


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