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Analysis | Share This Page | |||||||||
Rescuing the Lokpal Bill |
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by Dr. Rajinder Puri |
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Delhi Chief Minister Sheila Dikshit in response to the questionnaire sent by the Union government to chief ministers seeking their views on the Lokpal Bill has suggested that the Bill should be scrapped because the existing institutions are adequate to deal with corruption. I too have been advocating this. However this may not be politically practical. However, there is a way out. All these constitutional bodies should be under the direct purview of the President. The CBI too should be made into a constitutional body directly accountable to the President. It has been suggested that the Lokpal should consist of eleven members. All the members of the proposed Lokpal would be appointed by the President without clearance by the cabinet. It might be recalled that in disputes between the Election Commission, which is also a constitutional body, and the cabinet, there is already experience from during the tenure of Mr. TN Seshan indicating that the President has to act as impartial arbiter. In the new dispensation the President may continue playing the role of adviser to the cabinet and to parliament without exercising final authority. But with regard to the functioning of all constitutional bodies the President would exercise direct authority over them. This should be explicitly stated for the public satisfaction. This arrangement would be in total conformity with the existing Constitution without disturbing the existing political structure. It may also be desirable that no anonymous complaints may be considered by the proposed Lokpal. All complainants would have to identify themselves and furnish credible prima facie evidence. It may also be preferable that the Lokpal should not suo moto launch investigation or prosecution unless formal complaints are received. If such an arrangement were made it would call for a presidential role that was not required in the past. The electorate would have to take note of this change. Therefore if such a Bill is successfully drafted it should come into operation only after President Pratibha Patil’s term ends and a new President is elected. If this suggested course to create a new Lokpal post is adopted it would satisfactorily address the concerns voiced by the government and the representatives of civil society. It would be a decisive step forward in restoring democratic governance in accordance with the Constitution, and effectively address corruption. |
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18-Jun-2011 | ||||||||||
More by : Dr. Rajinder Puri | ||||||||||
Views: 1660 Comments: 3 | ||||||||||
Comments on this Article
My Word 07/06/2011 19:10 PM
Ashish Thakur 07/06/2011 19:10 PM
Shyam R. Shetty 07/05/2011 19:10 PM |
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