The frame of Lokpal bill is very ambient. It balances in its boundaries, the Supreme Court members along with the bureaucrats. It can lead to serious consequences. Various experts of law believe that this system will damage the basic system of our constitution. Under the constitution, freedom of countries’ judiciary is kept safe till the extent that a senior judge can only be impeached from his post by undergoing a perplexing/complex process. No doubt we need a strong judicial accountability bill.
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But in place of this, Jan Lokpal bill is giving an idea of a group of 11 non-elected experts, who will have rights to file a lawsuit against the members of the Supreme Court. As soon as you will accept the proposal of the independent investigation and prosecution agency, you will see serious results of this. In this case a no judge will ever dare to hark his judgment against the Lokpal advocate, as he will always be under the fear that if his judgment is considered to be wrong then he himself will face a lawsuit.
In any of the cases, one of the parties feels dripped after the court declares the judgment
Another point of concern is, that Jan Lokpal Wants to keep the right to discipline all the government officials under his hands. For this we will need to amend the constitution, as present in present the term of office of a government official is under the anuchhed-331 of the constitution. Apart for this power to fix a judgment against a civil servant is with Central sangh lok seva, which is decided after the recommendation of Para 320(3) © of the constitution.
Jan Lokpal can get the right to correct all the employees of the central government only thin the condition, if these paragraphs are amended. This clearly indicates that this is completely diverts us from the direction of our present constitution. Any such step will make the state handicap, as under this the governments officials will be fixated under this discipline act and will try to find delay them, and also they may complaint unnecessarily against their colleague because their personal differences
Jan Lokpal also wants to keep PM under its frame. In this constitution every civil servant is answerable and no one can object on this on theoretical principles basis. The question is that should the LokPal be given this right. In the recent past days one of our seniors said that, our past experience does not tells us that our Past PM are angles and are clean, this applies to our judges as well. And it is very much possible that the future will tell us that even the members of the Lokpal are not are angels. Freedom decides the honestly of every officer. A independent and sane Jan Lokpal can make the system unstable and he can even investigate the PM for the reason that allegations against him are were not true.
Under the current arrangements a PM is not free from the prosecution. If any such instant occurs that the profess come in light publicly, the even the current arrangement don’t allow a fired person to be on the post of PM
Jan lokpal against creates a serious concern, and that is law suit against the members of parliament. Members of parliament are safe form the anuchhed-105(2) just to give speeches and votes. Both of these very important rights. Keeping theses under the Lokpal means that members of parliament will raise questions against every speech and vote just for the sake of politics. And also to give this right to the Lokpal, our constitution will need amendment.
There are other controversial bills of the Jan Lokpal include the right of Lokpal on CVC and CBI anti corruption, also it wants the right, that similar to Indian telegraph act-5, it should have right to check internet and other medias to check messages or data sent, and they don’t want to seek any permission for the processes. It also ashes for the right bound the finance minister to abide by its demands.
Also it asks for the right to burden the corrupt party to by5 times the loss to the country. They should be successful to get the money form the private and other properties of the managing directors.
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