Criticisms of the Jan Lokpal Bill Jan Lokpal Bill

1 criticisms of jan lokpal bill

1.1 naïve approach
1.2 extra-constitutional
1.3 scope
1.4 criticism aruna roy, arundhati roy , ncpri
1.5 criticism director of cbi

criticisms of jan lokpal bill
naïve approach

the bill has been criticised being naïve in approach combating corruption. according pratap bhanu mehta, president of center policy research delhi, bill premised on institutional imagination @ best naïve; @ worst subversive of representative democracy . concept of lokpal concept has received criticism human resource development minister kapil sibal in lack accountability, oppressive , undemocratic.

extra-constitutional

kejriwal rejects claim of lokpal being extra-constitutional explanation body investigate corruption offences , submit charge sheet tried , prosecuted through trial courts , higher courts, , other bodies equivalent powers in other matters exist. proposed bill lists clear provisions supreme court abolish lokpal.

despite these clarifications, critics feel exact judicial powers of lokpal rather unclear in comparison investigative powers. bill requires ...members of lokpal , officers in investigation wing of lokpal shall deemed police officers . although supporters have denied judicial powers of lokpal, government , critics have recognised lokpal have quasi-judicial powers.

the bill states lokpal shall have, , exercise same jurisdiction powers , authority in respect of contempt of high court has , may exercise, and, purpose, provisions of contempt of courts act, 1971 (central act 70 of 1971) shall have effect subject modification references therein high court shall construed including reference lokpal. review of proceedings , decisions lokpal prevented in bill statement ...no proceedings or decision of lokpal shall liable challenged, reviewed, quashed or called in question in court of ordinary civil jurisdiction. . result, how trials conducted unclear in bill, although bill outlines requiring judges special courts, presumably conduct trial should completed within 1 year. critics hence express concern that, without judicial review, lokpal potentially become extra-constitutional body investigative , judicial powers decisions cannot reviewed in regular courts.

scope

the matter of whether indian prime minister , higher judiciary should or should not prosecutable lokpal remains 1 of major issues of dispute. anna s own nominee co-chairing joint panel justice verma, former chief justice of supreme court, has expressed constitutional objections including prime minister , higher judiciary under lokpal. according him, foul basic structure of constitution .

criticism aruna roy, arundhati roy , ncpri

critic – aruna roy

ramon magsaysay award winner aruna roy has said vesting jurisdiction on length , breadth of government machinery in 1 institution concentrate power in institution, while volume of work make difficult carry out tasks . , colleagues @ national campaign people s right information (ncpri) have proposed alternative mechanism consisting of 5 institutions. noted author , social activist arundhati roy highly critical of lokpal, stating maoists , jan lokpal bill have 1 thing in common – both seek overthrow of indian state , , while means may gandhian, anna hazare s demands not. contrary gandhiji s ideas decentralisation of power, jan lokpal bill draconian, anti-corruption law, in panel of chosen people administer giant bureaucracy,..

criticism director of cbi

the cbi in presentation before standing committee of parliament, has argued against vivisection of cbi , merger of anticorruption wing lokpal, noting cripple core functioning of cbi , reduce irrelevance. organisation built on last 60 years comprising competent professionals should not subsumed under lokpal. cbi officers concede in sensitive political cases there of course interference government, in respect of overwhelming majority of cases cbi functions, unfettered , uninfluenced extraneous considerations. reason there ever-increasing demand cbi investigation on country in respect of important cases.

however, in contradictory toi article in august 2011, has been revealed 1 own report says cbi still finding waiting go-ahead central agencies can initiate criminal proceedings against high-ranking officials.