File Name: lokpal and lokayukta bill 2011 in hindi.zip
Also, know important facts, evaluation, major highlights and implementation of Lokpal and Lokayukta Act here. The President appoints the chairperson and members on the recommendation of a select committee consisting of the following Previous Year Solved Papers. Monthly Current Affairs. Gist of Yojana.
In this article, the author discusses provisions related to the Lokpal and Lokayukta. The writer also puts light on the limitations and reforms needed for the Lokpal. Maladministration is like a termite that slowly erodes the foundation of a nation. It hinders administration from completing its task. Corruption is the root cause of this problem that our country faces.
Though there are many anti-corruption agencies in India, most of these anti-corruption agencies are hardly independent. Many of these agencies are only advisory bodies with no effective powers to deal with this evil of corruption and their advice is rarely followed. There also exists the problem of internal transparency and accountability. Moreover, there is not any effective and separate mechanism to maintain checks on such agencies.
In this context, an independent institution of Lokpal and Lokayukta has been a landmark move in the history of Indian polity which offered a solution to the never-ending menace of corruption. It provides a powerful and effective measure to counter corruption at all levels of the government.
Lokpal and Lokayuktas are statutory bodies and these do not have any constitutional status. The story of the Lokpal and the Lokayukta has a long story.
Lokpal and Lokayukta is not Indian origin concept. The concept of ombudsman originated in with the official inauguration of the institution of Ombudsman in Sweden. Later in the 20th century, after the Second World War, the institution of ombudsman developed and grew most significantly.
Countries like New Zealand and Norway also adopted the system of ombudsman in the year This system proved extremely significant in spreading the concept of ombudsman to other countries across the globe. Great Britain adopted the institution of the Ombudsman in the year , on the recommendations of the Whyatt Report of Through the adoption of such a system, Great Britain became the first eminent nation in the democratic world to have such an anti-corruption institution.
After great Britain, Guyana emerged as the first developing nation to adopt the concept of the ombudsman in the year Subsequently, this concept was further adopted by Mauritius, Singapore, Malaysia, and India as well. In India, the former law minister Ashok Kumar Sen became the first Indian to propose the concept of constitutional Ombudsman in Parliament in the early s. Further, Dr. Singhvi coined the term Lokpal and Lokayukta.
Later in the year , the First Administrative Reform Commission passed recommendations regarding the setting up of two independent authorities at the central and at the state level. After the recommendations from the commission, the Lokpal bill was passed in Lok Sabha in but lapsed due to the dissolution of Lok Sabha. Since then, the bill was introduced many times in Lok Sabha but has lapsed. Till as many as eight attempts were made to pass the Bill, but each of them failed.
Before , a commission, headed by M. Venkatachaliah, was also set up, in the year to review the working of the Constitution. This Commission recommended the appointment of the Lokpal and Lokayuktas. The commission also recommended that the Prime Minister ought to be kept out of the ambit of the Lokpal. Later in , the Second Administrative Reforms Commission chaired by Veerappa Moily came up with the recommendation that the office of Lokpal needs to be established without delay.
Though all these recommendations were never given the due preference, the government in formed a Group of Ministers, chaired by the former President Pranab Mukherjee.
These groups of ministers worked to examine the proposal of a Lokpal Bill and to suggest measures to tackle corruption. Not only the administration and the government but even the people of India felt the need for such a system to be introduced into the Indian governance system.
India rose into a nationwide protest for Lokpal. The protests and the movement resulted in the passing of the Lokpal and Lokayuktas Bill, , in both the Houses of Parliament. After the introduction of the Lokpal and Lokayukta Act , a bill was passed by Parliament in July which amended the Lokpal and Lokayukta Act, This amendment enabled the leader of the single largest opposition party in the Lok Sabha to become a member of the selection committee in the absence of a recognized Leader of Opposition.
This bill also amended Section 44 of the Lokpal and Lokayukta Act Section 44 of the Act dealt with the provisions of furnishing of details of assets and liabilities, within 30 days of joining the government service, of any public servant. This amendment replaced the time limit of 30 days. It stated that the public servants will make a declaration of their assets and liabilities in the form and manner as prescribed by the government.
In the case where any non-governmental organization receives funds of more than Rs. The bill provided an extension to the time limit given to trustees and board members to declare their assets and those of their spouses.
Let us try to understand the structure of the Lokpal. Lokpal is a multi-member body consisting of one chairperson and a maximum of 8 members. The person to be appointed as the chairperson of the Lokpal must be either:. The maximum number of members must not exceed eight. These eight members must constitute:. The judicial member of the Lokpal must be either:. The non-judicial member of the Lokpal needs to be an eminent person with flawless integrity and outstanding ability.
The person must possess special knowledge and an experience of a minimum of 25 years in matters relating to:. Lokpal Chairman and the Members can hold the office for a term of 5 years or till they attain the age of 70 years, whichever is earlier. The members and the chairman of Lokpal are appointed by the president on the recommendation of a selection committee. The selection committee consists of:.
The Prime Minister is the Chairperson of the selection committee. The selection of the chairperson and the members is carried out by a search panel of at least eight persons, constituted by the selection committee. As per the Lokpal Act of , the Department of Personnel and Training needs to create a list of candidates who are interested to become the chairperson or members of the Lokpal. The list was then to be presented to the proposed eight-member search committee.
The committee on receiving the list shortlists the names and place them before the selection panel, headed by the Prime Minister.
The selection panel has discretion in selecting the names from the list presented by the search committee. In September , a search committee was constituted by the government which was headed by former Supreme Court judge Justice Ranjana Prakash Desai. The Lokpal and Lokayukta Act of also mandates that all states must set up the office of the Lokayukta within one year from the commencement of the Act. The Jurisdiction of Lokpal extends to:. The Jurisdiction of the Lokpal extends to the Prime Minister, except in the cases of allegations of corruption relating to:.
The jurisdiction of the Lokpal does not include ministers and members of Parliament in the matter relating to:. The Lokpal and Lokayukta Act states that all public officials need to furnish their assets and liabilities as well as their respective dependents.
The Lokpal also possesses the powers to superintendence over the CBI. It also has the authority to give direction to CBI. If a case is referred to CBI by the Lokpal, then the investigating officer in such a case cannot be transferred without the prior approval of the Lokpal.
The powers of a civil court have been vested with the Inquiry Wing of the Lokpal. The Lokpal also possesses powers regarding the confiscation of assets, proceeds, receipts, and benefits arisen or procured by means of corruption in special circumstances. It also has the power to make recommendations regarding the transfer or suspension of public servants connected with the allegations of corruption.
Lokpal is capable of giving directions to prevent the destruction of records during the preliminary inquiry. The institution of Lokpal came up as a much-needed change in the battle against corruption. The Lokpal was a weapon to curtail the corruption that was spreading in the entire administrative structure of India. But at the same time, there are loopholes and lacunae which need to be corrected. The appointing committee of Lokpal consists of members from political parties that put Lokpal under political influence.
The Lokpal and Lokayukta Act failed to provide any kind of concrete immunity to the whistleblowers. The provision related to the initiation of inquiry against the complainant, in cases where the accused is found innocent, leads to discouraging people from making complaints. One of the biggest lacunae is the exclusion of the judiciary from the ambit of the Lokpal. The Lokpal does not have any constitutional backing. Also, there are no adequate provisions for appeal against the actions of Lokpal.
The states have complete discretion with respect to the specific details in relation to the appointment of Lokayukta. The Lokpal and Lokayukta Act also mandates that no complaint against corruption can be registered after a period of seven years from the date on which the mentioned offense is alleged to have been committed. In order to tackle the problem of corruption, the institution of the ombudsman should be strengthened both in terms of functional autonomy and the availability of manpower.
The appointment of Lokpal in itself is not enough. The government should address the issues based on which people are demanding a Lokpal. Merely adding to the strength of investigative agencies will increase the size of the government but not necessarily improve governance.
Moreover, Lokpal and Lokayukta must be financially, administratively and legally independent of those whom they are called upon to investigate and prosecute. Lokpal and Lokayukta appointments must be done transparently so as to minimize the chances of the wrong sorts of people getting in. There is a need for a multiplicity of decentralized institutions with appropriate accountability mechanisms, to avoid the concentration of too much power in any one institution or authority.
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In this article, the author discusses provisions related to the Lokpal and Lokayukta. The writer also puts light on the limitations and reforms needed for the Lokpal. Maladministration is like a termite that slowly erodes the foundation of a nation. It hinders administration from completing its task. Corruption is the root cause of this problem that our country faces. Though there are many anti-corruption agencies in India, most of these anti-corruption agencies are hardly independent. Many of these agencies are only advisory bodies with no effective powers to deal with this evil of corruption and their advice is rarely followed.
Judicial Members . Non-judicial Members . The Lokpal has jurisdiction over central government to inquire into allegations of corruption against its public functionaries and for matters connected to corruption. The Lokpal and Lokayuktas Act was passed in with amendments in parliament, following the Jan Lokpal movement led by Anna Hazare in The Lokpal is responsible for enquiring into corruption charges at the national level while the Lokayukta performs the same function at the state level. The age of Lokpal chairperson or member on the date of assuming office as the chairperson or a member should not be less than 45 years.
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The Lokpal and Lokayuktas Act, , commonly known as The Lokpal Act , is an anti-corruption Act of Indian Parliament in India which "seeks to provide for the establishment of the institution of Lokpal to inquire into allegations of corruption against certain important public functionaries including the Prime Minister , cabinet ministers , members of parliament , Group A officials of the Central Government and for matters connecting them". It was subsequently tabled in the Rajya Sabha on 29 December. After a marathon debate that stretched until midnight of the following day, the vote failed to take place for lack of time. It was passed in the Rajya Sabha on 17 December after making certain amendments to the earlier Bill and in the Lok Sabha the next day. The Bill was introduced in the parliament following massive public protests led by anti-corruption crusader Anna Hazare and his associates.
Сьюзан отвечала на те вопросы, на которые могла ответить, и постепенно у Дэвида сложилось общее представление об Агентстве национальной безопасности - за исключением, разумеется, секретных сторон деятельности этого учреждения. Основанное президентом Трумэном в 12 часов 01 минуту 4 ноября 1952 года, АНБ на протяжении почти пятидесяти лет оставалось самым засекреченным разведывательным ведомством во всем мире. Семистраничная доктрина сжато излагала программу его работы: защищать системы связи американского правительства и перехватывать сообщения зарубежных государств. На крыше главного служебного здания АНБ вырос лес из более чем пятисот антенн, среди которых были две большие антенны, закрытые обтекателями, похожими на громадные мячи для гольфа. Само здание также было гигантских размеров - его площадь составляла более двух миллионов квадратных футов, вдвое больше площади штаб-квартиры ЦРУ. Внутри было протянуто восемь миллионов футов телефонного кабеля, общая площадь постоянно закрытых окон составляла восемьдесят тысяч квадратных футов. Сьюзан рассказала Дэвиду про КОМИ НТ, подразделение глобальной разведки, в распоряжении которого находилось немыслимое количество постов прослушивания, спутников-шпионов и подслушивающих устройств по всему земному шару.
Какие-то безумцы ныряли со сцены в это людское море, и его волны швыряли их вперед и назад, как волейбольные мячи на пляже. Откуда-то сверху падали пульсирующие стробоскопические вспышки света, придававшие всему этому сходство со старым немым кино. У дальней стены дрожали включенные на полную мощность динамики, и даже самые неистовые танцоры не могли подойти к ним ближе чем на десять метров. Беккер заткнул уши и оглядел толпу.
- Я ничего не сделал. - Ничего не сделал? - вскричала Сьюзан, думая, почему Стратмор так долго не возвращается. - Вы вместе с Танкадо взяли АНБ в заложники, после чего ты и его обвел вокруг пальца. Скажи, Танкадо действительно умер от сердечного приступа или же его ликвидировал кто-то из ваших людей. - Ты совсем ослепла.
В любой другой реальности было бы куда больше здравого смысла. Я, университетский профессор, - подумал он, - выполняю секретную миссию. Бармен с любезной улыбкой протянул Беккеру стакан: - A su gusto, senor. Клюквенный сок и капелька водки. Беккер поблагодарил .