Delhi Janlokpal will be tabled in Assembly tomorrow.
There are four points raised by critics.
1. Appointment of Lokpal to be done thru in an open manner by involving the public in search process.
2. Final selection of Lokpal to be done by a committee where independent, non-political and non-govt appointees have majority
3. A special investigative agency to be created by or controlled by Lokpal.
4. Jurisdiction of Lokpal to be extended to all the functionaries of the relevant govt.
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Let's discuss each issue one by one:
Point number 1 - Appointment to be done though in an open manner by involving public in search process
How appointment was done in Uttarakhand Lokpal (which was appreciated by team Anna)
The Selection Committee shall consist of the following:-
(i) The Chief Minister of Uttarakhand, who will be the chairperson of search committee.
(ii) The Leader of the Opposition in the Legislative Assembly
(iii) Two judges of the Uttarakhand High Court selected by
(iv) One person from previous Chairpersons of Lokayukta (
(v) Two members shall be selected by the other members of the
Selection Committee [(i) to (iv) above]
What's proposed in Delhi Govt. Bill in 2015 Regarding appointment
Lieutenant Governor shall, appoint a three member body having one Chairperson and two Members to be known as the Janlokpal.
Provided that –
(a) the Chairperson and members of the Jan lokpal shall be appointed on the basis of the recommendation of a Selection Committee consisting of-
(i) The Chief Justice of the High Court – Chairperson.
(ii) The Chief Minister of Delhi – member.
(iii) The Leader of the Opposition in the Legislative Assembly and if there is no such leader, a person
selected in this behalf by the Members of the Opposition in that House in such manner as the Speaker may direct - member.
(iv) The Speaker of the Legislative Assembly – member
(b) No appointment of the Chairperson or a member of the Janlokpal shall be invalid merely by reason of any vacancy in the Selection Committee.
(c) The Selection Committee shall regulate its own procedure for selecting the Members of the Janlokpal.
(d) The recommendation of the Selection Committee shall be binding on the Lieutenant Governor who shall
make the concerned appointment to the Janlokpal no later than thirty days from the date of receipt of the
recommendation of the Selection Committee.
(2) A person shall not be qualified for appointment as –
(a) as Chairperson of the Janlokpal, unless he is or has been a judge of the Supreme Court or Chief Justice of any High Court in India, or a Judge of a High Court.
(b) a Member, unless such person is a person of eminence having obtained distinction, special knowledge and expertise
in public administration, finance or investigation.
(3) Every person appointed as a Chairperson or a Member of the Janlokpal shall, before entering upon his office, make and
subscribe before the Lieutenant Governor or some person appointed in that behalf by him, an oath or affirmation in the form
as prescribed by the Government under the Rules.
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The center's Lokpal passed in 2013 - Which was termed as Jokepal
The Chairperson and Members shall be appointed by the President after obtaining the recommendations of a Selection Committee consisting of —
(a) the Prime Minister—Chairperson;
(b) the Speaker of the House of the People—Member;
(c) the Leader of Opposition in the House of the People—Member;
(d) the Chief Justice of India or a Judge of the Supreme Court nominated by him—Member;
(e) one eminent jurist, as recommended by the Chairperson and Members
referred to in clauses (a) to (d) above, to be nominated by the President—Member.
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Now, let's see what original Lokpal bill 2011 for which Anna andolan happened
“Lokpal Bench” means a Bench of 2 or more members of the Lokpal acting together in respect of any matter in accordance with the regulations. Each bench shall have a member with legal background.
(6) The Selection Committee shall consist of the following:-
(i) The Prime Minister of India, who will be the Chairperson of the Selection Committee.
(ii) The Leader of the Opposition in the Lok Sabha
(iii) Two judges of Supreme Court of India and two permanent Chief Justices of the High Courts selected by collegium of all Supreme Court judges
(v) The Chief Election Commissioner of India
(vi) The Comptroller & Auditor General of India
(vii) All previous Chairpersons of Lokpal.
Before sending the short list to the Selection Committee, the Search Committee will get the names of the short listed persons put on a public web site to enable people to send any relevant information/comments about the shortlisted persons.
Conclusions, (What we see in above references)
Conclusion 1
Delhi Bill Conforms to minimum members of Lokpal
- First of all, Delhi Lokpal bill 2015 conforms to original lokpal's number of members. Which is more than 2, that means 3 in a state like Delhi it is sufficient.
Conclusion 2 About Public opinion/participation
Public opinion is not sought in Delhi's Lokpal 2015
In original lokpal bill 2011 as suggested by team Anna, following provision was there. But it is not there in Delhi Lokpal.
- Secondly, Before sending the short list to the Selection Committee, the Search Committeewill get the names of the short listed persons put on a public web site to enable people to send any relevant information/comments about the shortlisted persons.
Suggestion:
I think Delhi assembly must add this procedure. People should be able to raise issues if there is any problem in suggestions
