An Ideal Jan Lokpal Authority Of India

In this Guest Column, Praveen Dalal, Managing Partner of New Delhi based Techno Legal ICT Law Firm Perry4Law and leading Techno Legal Expert of India, has shared his views about the Jan Lokpal Authority of India. He maintains that the proposed Jan Lokpal Authority of India must be Techno Legal in nature to be most effective.

Till now it is absolutely clear that the proposed Jan Lokpal Law of India must be Techno Legal in nature. The existing Bills are suffering from many “Deficiencies” and absence of “Techno Legal Aspect” is one of them.

For instance, Technology is the Best Whistleblower and a Jan Lokpal Authority or Law that does not believe in this “Technological Use” is bound to be another Authority with practically little benefits and uses. That is why a Strong and Effective Whistleblowers Protection Law in India is urgently required.

However, I wish to cover another related aspect of the proposed Jan Lokpal Law of India. The “Real Strength” of the proposed Jan Lokpal Law of India would be the “Jan Lokpal Authority of India”. If we have a Weak or Ineffective Jan Lokpal Authority in India, the proposed Law cannot serve its purpose.

The first aspect that must be resolved is what should be the “Composition” of the proposed Jan Lokpal Authority of India. I believe that the composition of the proposed Jan Lokpal Authority of India must essentially involve Experts representing fields like Judicial, Legal, Technological, Social Justice, etc.

No matter how many Experts from each field are made part of the Authority, the Authority must be Techno Legal in nature. Preference must be given to Experts who have knowledge of both Technical and Legal aspects.

Another aspect that needs to be considered is the “Nature” of such Authority. Should such authority be a “Constitutional Authority” or can it be a “Statutory Body” under the proposed Jan Lokpal Law of India? If it is a Constitutional Body, what additional efforts we need to make to make it “Functional” immediately? If it is a Statutory Body, it can be Constituted along with the passing of the Jan Lokpal Law of India.

These issues require immediate deliberations before the Parliamentary Standing Committee and they must be resolved while passing the Jan Lokpal Law of India by the Parliament.

Whistleblowers Protection Law In India

Just like anti corruption laws, whistleblower protection laws in India have been long ignored by Indian government and Parliament of India. Of course, if the Parliament of India fails to fulfill its constitutional duties of law making, the balance between the three organs of Indian constitution would be disturbed. This also raises the doubt about the very existence of separation of powers under the constitution of India.

Absence of whistleblower protection requirements from various drafts Jan Lokpal bills presented by civil society and Indian government is also the reason why experts are not considering them as ideal and strong. In fact, experts have openly claimed that the suggested Jan Lokpal Bills are not strong and effective. The proposed drafts of Jan Lokpal Bills have failed to incorporate many good suggestions of experts that could have made the proposed law more comprehensive, robust and effective.

One of the areas that require an “Immediate and Urgent Attention” of the Parliamentary Standing Committee constituted in this regard is to ensure a Strong, Robust and Constitutionally Sound Jan Lokpal Law, opines Praveen Dalal, a Supreme Court Lawyer and leading techno legal expert of India. A Strong and Effective Whistleblower Protection Law in India is “Mandatorily Required” for the successful application and functioning of many other Laws, including the proposed Jan Lokpal Law, suggests Dalal.

Presently, whistleblowers are at the mercy of hard core criminals who are least afraid of the law and order of India. This is evident from the killing of many Indian whistleblowers in the past that have raised their voices against the corruption existing in governmental dealings.

It would be a prudent exercise to involve maximum intellectuals and experts by the Parliamentary Standing Committee so that a national consensus in this regard can be obtained.

By confining the Jan Lokpal Bill to the version of either the civil society or government version, the Parliamentary Standing Committee would be doing injustice to India. Further, a Jan Lokpal law without whistleblowers protection is nothing but wastage of time, money and resources. I hope the Parliamentary Standing Committee would consider all these aspects before coming out with the final draft of Jan Lokpal law of India.

Jan Lokpal Bill Of India 2011 Is Not Strong And Effective

Jan Lokpal bill of India has become a bone of contention between Anna Hazare group and Indian government. Finally, after lots of protest and anti corruption movement, Indian government finally decided to bring a law in this regard.

However, Anna group is not convinced with the law suggested by the government and has been adamant to get its own bill introduced in the Parliament.

In this tussle between both these groups, very few have appreciated that it is not the law that is enough but an effective, strong and robust anti corruption law that alone would serve the purpose.

Unfortunately, both the versions of Jan Lokpal Bills are not adequate to cover all the aspects of anti corruption movement in India. Experts like Praveen Dalal, a Supreme Court lawyer and leading techno legal specialist of India, have opined that the proposed Jan Lokpal Bills are not strong and effective to deal with the deep rooted problem of corruption in India.

So what are the aspects that have been missed by both the parties regarding a strong and effective Jan Lokpal Bill of India? According to Praveen Dalal, if Jan Lokpal Act 2011 of India has to be successful it must incorporate many more issues like Technology, Whistleblower Protection, Harmonisation between Judicial and Lokpal fields, Right to Information, Mandatory E-Governance Services, etc. These issues are very relevant to make Lokpal law effective, flexible and robust. Unfortunately, none of these issues are covered by either version of the Bill or independently by a separate anti corruption law.

The Jan Lokpal Bill 2011 itself requires numerous “Improvements and Additions” suggests Dalal. The Jan Lokpal Bill 2011 must be Techno Legal to be most successful. In short, the proposed Jan Lokpal Bill 2011 must be Strong and Effective. By confining it to either the Governmental version or the version of Civil Activists, we are not going to achieve anything, suggests Dalal.

We do not need a Code that contains Ineffective and Weak Provisions. On the contrary, we need a “Holistic Law” in this regard that covers all the aspects of Anti Corruption in India, suggests Dalal.

Jan Lokpal Bill Of India 2011

For some strange reasons, my previous article titled Jan Lokpal Bill of India 2011 has been dumped and deep buried in Google news and generic search. Since the matter is of utmost public interest of India, I am posting the updated version of my previous article once more.

India has been undergoing a renaissance phase where corruption is the cause of death. With the proposed draft Jan Lokpal Bill of India 2011, the ball has been start rolling. However, there are still many areas like Whistleblower Protection Law in India that have to be addressed by the newly constituted joint drafting committee in more details.

Similarly, there are other laws like Code of Criminal Procedure, 1973 whose provisions are required to be amended in order that the Lokpal law may work effectively. For instance, the requirement to obtain a prior sanction from the appropriate government to prosecute a public servant would also be required to be repealed.

With the issuance of official gazette notification by ministry of law and justice, the joint drafting committee to prepare draft of the Lokpal Bill has been now officially constituted. However, before the good work has been started, allegations of nepotism have already surfaced pertaining to the “constitution” of the Committee.

Of course, there are others also that find this constitution acceptable for the larger interest of India. The constitution of the Joint Drafting Committee is a good step in the right direction, says Praveen Dalal, a Supreme Court Lawyer and managing member of India’s first RTI Helpdesk. Although the Committee has initially taken ten Members yet other Members can be, and would be, Co-Opted by the Committee in due course of time, informs Dalal.

The best part of this Notification is that it is flexible as it allows the Committee to follow its “Own Procedure”. Thus, expert opinion of others can also be taken and they can be a part of the same as the “Invitee Members” of the Committee, informs Dalal.

So we must not bother much with the constitution of the Committee and proceed further. We must focus more upon the draft Lokpal Bill 2011 that can become an effective tool to fight corruption in India. The Committee can anytime seek help of other legal experts and civil liberty activists during its deliberation. For the time being, let us start the ball rolling, suggests Dalal.

We must realise that the Lokpal Bill has been drafted for more than 42 years by Indian Government and it has failed to become an applicable law till now, informs Dalal. The first Lokpal Bill was passed in the 4th Lok Sabha in 1969 but could not get through in the Rajya Sabha. Subsequently, Lokpal bills were introduced in 1971, 1977, 1985, 1989, 1996, 1998, 2001, 2005 and in 2008.

Let us at least start working in this direction. Further, merely drafting a Bill would not serve the purpose as it must also be made an enforceable law within a stipulated and fixed time, suggest Dalal. We have to generate a “wider consensus” in order to force Indian government to enact and make an enforceable Lokpal Act, 2011 till the end of this year, suggests Dalal.

It is high time for us to unite and fight for the common cause. There should not be any scope for internal fighting and disagreements. Already, it has taken too much time and anti corruption measures are need of the hour. Let us hope for the best in this regard.

Proposed Draft Jan Lokpal Act Of India 2011

In this media report my colleague Ram K Kaushik has well covered the issues of proposed draft Jan Lokpal Act of India 2011. While I endorse his views, I would like to add another dimension to the same. Hence, I have come up with this “updated version” of his article.

India has been lethargic about another correlated and crucial issue that is closely related to the proposed Lokpal Bill. It pertains to the necessity to formulate Whistleblower Protection Law in India.

Corruption and Whistleblower Protection are conflicting claims. A corrupt society would neither tolerate honest whistleblowers nor would it endeavour to protect them through legal and non-legal means, says Praveen Dalal, a Supreme Court Lawyer and managing member of India’s first RTI Helpdesk.

With the issuance of official gazette notification by ministry of law and justice, the joint drafting committee to prepare draft of the Lokpal Bill has been now officially constituted. However, before the good work has been started, allegations of nepotism have already surfaced pertaining to the “constitution” of the Committee.

The constitution of the Joint Drafting Committee is a good step in the right direction, says Praveen Dalal. Although the Committee has initially taken ten Members yet other Members can be, and would be, Co-Opted by the Committee in due course of time, informs Dalal. This is more so since the proposed Lokpal Bill must be as comprehensive and as effective as possible, says Dalal. There are many issues that have still not covered by either the Lokpal Bill suggested by Indian Government or the Jan Lokpal Bill suggested by civil activists, informs Dalal.

The best part of this Notification is that it is flexible as it allows the Committee to follow its “Own Procedure”. Thus, expert opinion of others can also be taken and they can be a part of the same as the “Invitee Members” of the Committee, informs Dalal.

So we must not bother much with the constitution of the Committee and proceed further. We must focus more upon the draft Lokpal Bill 2011 that can become an effective tool to fight corruption in India. The Committee can anytime seek help of other legal experts and civil liberty activists during its deliberation. For the time being, let us start the ball rolling, suggests Dalal.

We must realise that the Lokpal Bill has been drafted for more than 42 years by Indian Government and it has failed to become an applicable law till now, informs Dalal. The first Lokpal Bill was passed in the 4th Lok Sabha in 1969 but could not get through in the Rajya Sabha. Subsequently, Lokpal bills were introduced in 1971, 1977, 1985, 1989, 1996, 1998, 2001, 2005 and in 2008.

Let us at least start working in this direction. Further, merely drafting a Bill would not serve the purpose as it must also be made an enforceable law within a stipulated and fixed time, suggest Dalal. We have to generate a “wider consensus” in order to force Indian government to enact and make an enforceable Lokpal Act, 2011 till the end of this year, suggests Dalal.

It is high time for us to unite and fight for the common cause. There should not be any scope for internal fighting and disagreements. Already, it has taken too much time and anti corruption measures are need of the hour.

Further, the proposed draft Jan Lokpal Act 2011 of India must be kept flexible to incorporate diverse views and suggestions. By confining it to two versions alone would not serve the purpose. There are many issues that have yet to be incorporated in the proposed law. I hope public inputs and experts suggestions would also be incorporated in the proposed law.

Jan Lokpal Bill Of India 2011

With the issuance of official gazette notification by ministry of law and justice, the joint drafting committee to prepare draft of the Lokpal Bill has been now officially constituted. However, before the good work has been started, allegations of nepotism have already surfaced pertaining to the “constitution” of the Committee.

Of course, there are others also that find this constitution acceptable for the larger interest of India. The constitution of the Joint Drafting Committee is a good step in the right direction, says Praveen Dalal, a Supreme Court Lawyer and managing member of India’s first RTI Helpdesk. Although the Committee has initially taken ten Members yet other Members can be, and would be, Co-Opted by the Committee in due course of time, informs Dalal.

The best part of this Notification is that it is flexible as it allows the Committee to follow its “Own Procedure”. Thus, expert opinion of others can also be taken and they can be a part of the same as the “Invitee Members” of the Committee, informs Dalal.

So we must not bother much with the constitution of the Committee and proceed further. We must focus more upon the draft Lokpal Bill 2011 that can become an effective tool to fight corruption in India. The Committee can anytime seek help of other legal experts and civil liberty activists during its deliberation. For the time being, let us start the ball rolling, suggests Dalal.

We must realise that the Lokpal Bill has been drafted for more than 42 years by Indian Government and it has failed to become an applicable law till now, informs Dalal. The first Lokpal Bill was passed in the 4th Lok Sabha in 1969 but could not get through in the Rajya Sabha. Subsequently, Lokpal bills were introduced in 1971, 1977, 1985, 1989, 1996, 1998, 2001, 2005 and in 2008.

Let us at least start working in this direction. Further, merely drafting a Bill would not serve the purpose as it must also be made an enforceable law within a stipulated and fixed time, suggest Dalal. We have to generate a “wider consensus” in order to force Indian government to enact and make an enforceable Lokpal Act, 2011 till the end of this year, suggests Dalal.

It is high time for us to unite and fight for the common cause. There should not be any scope for internal fighting and disagreements. Already, it has taken too much time and anti corruption measures are need of the hour. Let us hope for the best in this regard.