For drafting an ideal Lokpal Bill

 

In this article author tries to explore the possibilities of lokpal bill and an ideal lokpal bill that will remove the corruption as he personally believes that making higher authority accountable sends the signal down the hierarchy to be accountable and this will eventually reduce the corruption and so he suggests to add PMO and CJI under the purview of the lokpal bill. He at many places supported his view by citing examples from many failures of such kind of acts/ commissions/ movements which he accused lack of political will to carry out laws to end corruption.

Author mentioned about CVC and its failures. Right CVC has been not so successful in spite of having a vary rigorous procedure for its selection. The reason is simple CVC is not selected by the house however by the 3 people namely PM, HM and Leader of Opposition in this unbalanced situation this is highly likely that PM and HM will agree and the CVC will be elected by the wish of ruling party. However if the method of House voting is chosen than reaching a majority will be a process of all parties and not just ruling party and such a process will bring more transparency into the selection procedure and each candidate would be analyzed completely by the house and he should be completely accountable to the House, and only The House.

Author view of widespread illegality and black money is quite impressive. His mid article is completely devoted to only these two aspects. Here he accuse political will and he is right in this. Our constitution is well made and has all possibilities to look into the corruption however it is human instinct to find some flow in the law and to corrupt the system. He also says that growing economy of black money actually pushes even more corruption in the system so this is a vicious circle.

The author was right to explore the sides, however the danger in above argument is that what if the post of lokpal is in the hands of a beneficiary of a political party or what if he himself got corrupt ? In this case giving him authority for PMO and CJI will bring the whole system down under his hands and eventually this may become the norm itself. I suppose this is why the whole of the Judiciary is kept out of the purview of the government so that at least justice can be delivered without the pressure from any political party. However, this should be remembered that in spite of this judiciary at many times felt the pressure from political peers and justice is not delivered or delayed.

The second solution to ideal lokpal is that there should be two lokpal authorities. Judiciary should be accountable to only Judicial lokpal so that the corruption is judiciary should be tackled down separately and this lokpal should be accountable only to PMO this will cross link the judiciary body to government. However, the another lokpal body should look into all other possibilities and should be accountable to CJI this will lead a complete cross link and this will become difficult for either side to be corrupt/ blackmail other side. The two lokpal bodies should be independent and should not be accountable to any other person/body/commission other than President of India/ Parliament of India.

Lokpal bodies should follow democracy system and action against either CJI/CJH/PMO/UMO/CMO should move ahead only with two-third votes. It should contain 50% civil servants while rest 50% are party elected candidates that should be member of Lower or Upper house of Parliament and judiciary lokpal body should also have similar structure but it should have 50% as retired judge or CJI/CJH. . This will bring a lot of transparency in lokpal and make them democracy like body. Re-election of 50% body should be done with strict procedures and these rules should amended to meet the new challenges put forth by growing human instincts and care should be taken to include MPs from all major national parties of the house.