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.

Indian Whistleblowers Protection Laws Needed

Now the Indian government has finally shown some interest in bringing the jan lokpal bill of India, it is high time to move towards making it a strong, effective and robust law. Experts have been claiming that the present jan lokpal versions are neither strong nor effective. In fact, they have claimed that the present versions of jan lokpal bills do not address many important issues that must be combined to make the jan lokpal law strong and effective.

Although there are many areas that need to be included in the proposed jan lokpal bill of India yet extending a strong and effective protection to the whistleblowers, who raise their voices against the corruption in India, needs a specific mention and adoption.

In fact, in the year 2004/2005 itself a techno legal whistleblowers protection code was suggested by Praveen Dalal, managing partner of New Delhi based techno legal ICT law firm Perry4Law and leading techno legal expert of India. The code was complete techno legal solution till a proper law was formulated by Indian parliament.

However, even after 6 years of providing of such code, Indian parliament has not deemed it necessary to protect the lives of our heroic whistleblowers that have been loosing their lives one by one.

Till now we have no whistleblowers protection law in India and this is making other laws weak and ineffective. Either people are not willing to come forward or if they come forward they loose their lives.

We have to develop Techno Legal Mechanisms that can safeguard the Information provided by and Details of Whistleblowers, opines Praveen Dalal. If lives of Whistleblowers cannot be Safeguarded, Corruption in India can never be eliminated, suggests Dalal.

India has a bad reputation of “Ignoring Formulation of Essential Laws” and Jan Lokpal and Whistleblowers Protection Laws are classic examples of the same. If Parliament of India keeps on functioning only through “Public Disruptions and Agitations”, that would be a death knell of Democracy and Parliamentary Supremacy, opines Praveen Dalal.

It would be better if parliament of India enacts a strong and effective whistleblowers protection law before this cause is also picked up by Indian masses and it forces again the parliament to succumb to its pressure. This is not the way any Parliament, especially the Parliament of the largest Democracy of the World, should function, says Dalal.

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.

An Ideal Jan Lokpal Bill 2011 Of India By Praveen Dalal

In this guest column, Praveen Dalal, Managing Partner of New Delhi based Law Firm Perry4Law and leading Techno Legal Specialist of India has shared his views regarding the ideal Jan Lokpal Law of India. He has also sent his suggestions in this regard to the Government of India.

Any Person or Institution that believes that Jan Lokpal Law of India is not requires is certainly Corrupt and Anti National. This is the reason why the Government of India cannot deny its enactment. However, Indian Government can “Delay” it enactment and the same would amount to “Denial” of the very Jan Lokpal Law of India.

This “Delaying Tactics” is not new to Indian Government. 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. 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.

India’s intentions to ignore Corruption were also apparent when it did not “Ratified” the United Nations Convention against Corruption. Although India signed the Convention in 2005 but Indian Government refused to ratify the same. This is also the reason why Anti Corruption Laws of India remained not only “National’ in nature but also redundant and ineffective. Of course, India has now ratified the Convention and it has become mandatory for India to keep its laws in line with the same.

Realising that India is not at all serious in eradicating corruption, the Civil Society took up the task upon itself. Under the leadership of Anna Hazare the fight against widespread corruption in India was started. This resulted in the formulation of a “Joint Drafting Committee” (JDC) to draft a Jan Lokpal Bill of India 2011. However, the JDC failed to reach at a “Consensus” and it is believed that the deadline of drafting of the Jan Lokpal Bill would pass without any such Bill being drafted.

In the meanwhile, Baba Ramdev also started his fight against widespread corruption in India. He also raised a demand to consider black money deposited in foreign bank accounts as “National Property” and to formulate a law in this regard. Unfortunately, in my personal opinion, the Government of India adopted “Unconstitutional Methods” to derail and demoralise this agitation of Baba Ramdev and he was detained and then deported from New Delhi. This entire episode is “Highly Unfortunate” and it would have been better if the matter could have been solved through “Negotiations”.

Although Indian Government has taken a “Drastic Step” yet my “Concerns” are more than that alone. In this entire episode we have forgotten about enactment of suitable Corruption Laws in India like Jan Lokpal Act of India 2011. My specific concerns at this stage are what the Indian Jan Lokpal Act 2011 must incorporate to make it Just, Reasonable, Strong, Robust and Effective. I believe that Jan Lokpal Act 2011 of India is “Not a Panacea” for all sorts of Corruption related problems in India. Nevertheless it is an important “Milestone” in the fight against corruption in India. So besides fighting Corruption, India must also focus upon Administrative, Legal and Judicial Reforms.

Further, 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 Electronic Services Delivery, etc.

The Jan Lokpal Act 2011 of India must be Techno Legal to be most successful. It must “Empower” Indian Citizens not only Legally but also Electronically. E-Governance and use of Information and Communication Technology (ICT) must be an essential part of the Lokpal Mechanism. Further, the proposed Jan Lokpal Act 2011 of India must be kept “Flexible” by incorporating “Enabling Provisions” now for which Rules can be framed subsequently. This way a “Vested Right” is created in favour of Indian Citizens to fight against corruption in India and even the Government of India would have sufficient time to develop finer modalities at a later stage.

I hope India Government would consider these “Concerns and Suggestions” of mine and they would prove useful to all concerned.

Draft Electronic Service Delivery Bill, 2011

This is the updated version of my previous article on similar topic. Electronic services delivery is a very effective method of transparent, efficient and timely delivery of public services. However, it is also a complicated procedure that has to take care of many techno legal aspects.

Electronic services delivery or e-delivery in India cannot succeed till it is operating both ways, i.e. from government to citizens (G2C) and from citizen to government (C2G). This is one area where India has failed miserably. There is no use of formulating documents/Bills if Indian government cannot implement the same. For instance, e-delivery of services in India cannot succeed till it is made mandatory.

Take the example of section 9 of the information technology act, 2000 (IT Act, 2000). Section 9 of the IT Act 2000 provides that nothing contained in section 6, 7 and 8 shall be confer a right upon any person to insist that any Ministry or Department of the Central Government or the State Government or any authority or body established by or under any law or controlled or funded by the Central or State Government should accept, issue, create, retain and preserve any document in the form of electronic records or effect any monetary transaction in the electronic form.

Section 6 of the IT Act, 2000 deal with the use of electronic records and digital signatures in government and its agencies. Section 7 of the IT Act 2000 deals with retention of electronic records. Section 8 of the IT Act, 2000 deals with publication of rule, regulation, etc. in Electronic Gazette.

Section 9 says that none can claim these services as a matter of right. For Indian citizens it’s a disabling provision and for Indian government it is deliberately formulated self defensive mechanism. Indian government lacks the will power to empower Indian citizens and residents electronically. Even after 11 years of formulation of the IT Act, 2000 Indian government is not confident and willing to provide mandatory e-governance services in India.

This is clear from the recent draft electronic services delivery bill, 2011 of India (ESD Bill 2011). However, the real problem with Indian E-Governance Initiatives in general and proposed ESD Bill 2011 in particular is that Legal Framework for Mandatory Electronic Services Delivery in India is missing from it, says Praveen Dalal, Supreme Court lawyers and Managing Partner of India’s exclusive techno legal law firm Perry4Law.

E-governance is very useful for bringing transparency and efficiency in delivery of public services. E-governance also helps in reducing corruption and red tappism. The 11 years of Indian e-governance failed to bring any impact upon growing corruption in Indian governmental dealing. This is the reason why Jan Lokpal Bill 2011 has been suggested.
However, the Jan Lokpal Bill of India 2011 or any other proposed Lokpal Bill of India must be strong and effective to deal with widespread corruption of India. This is more so when e-governance in India has failed and has become itself a source of corruption.

I have serious doubts that with these conditions, India would be able to capatilise the benefits of e-governance and mobile governance. Let us hope the State governments and Cabinet would reject the proposed ESD Bill 2011 for the larger interest of India.

Similarly, there is an urgent need to bring accountability for the funds that India receive for providing e-delivery of services and other technological services. Surprisingly, all such funds and grants are utilised upon e-governance projects that exist on files only. What is more surprising is why there is no accountability and transparency for the money claimed to be spent on such projects. Even the draft electronic services delivery bill 2011 failed to address these issues. I hope the Prime Minister’s Office (PMO) intervenes immediately for the larger interests of India.

Citizen To Government (C2G) Participation In India Rejuvenated

National E-Governance Plan (NEGP) of India is one of the most important projects. However, by and large e-governance in India has failed. Further, even plans to use m-governance in India are in the pipeline. However, there is no regulatory framework for m-governance in India.

In the absence of proper policies and guidelines, e-governance, m-governance and cloud computing are not going to be successful in India at all and all projects of Indian government are bound to fail.

For instance, e-courts project of India has failed to materialise despite spending huge money. We are still waiting for the establishment of first e-court of India. Further, there is no legal framework for mandatory e-governance services in India. The proposed draft electronic services delivery bill 2011 of India is mere eyewash and nothing more. Even legal enablement of ICT systems in India is missing.

These failures are attributable to the fact that grassroots level stakeholders are not consulted while formulating and implementation of e-governance and m-governance related projects in India. Public private partnership (PPP) has been used for long in India. However, it always remained ineffective. It is only now that crucial fields like internal security and defence sector have been opened up for PPP purposes.

Of course, the department of information technology (DIT) has recently released a concept note on framework for citizen engagement in NEGP. Although the framework is promising yet there is lack of legal enablement of ICT systems in India. Further, by its very nature it is knowledge driven and cannot be undertaken by government itself.

A model that can help in meeting the techno legal requirements of NEGP and framework for citizens’ engagement in NEGP has been suggested by India’s exclusive techno legal ICT law firm Perry4Law. It has launched the exclusive citizen to government (C2G) LPO and KPO services in India. This unique C2G LPO and KPO services by Perry4Law would not only help Indian government in enacting suitable techno legal policies but would also help in meeting the objectives of mandatory e-governance services in India as well as effective PPP in India on a C2G model.

Let us hope experts and stakeholders would be included in the fold this time by Indian government in general and DIT in particular. After all for how long can we tolerate corruption and failures in India? Let us hope that the proposed Jan Lokpal bill 2011 of India would also bring some respite in this regard.

Electronic Service Delivery Bill, 2011

What is the significance of section 9 of the information technology act, 2000 (IT Act 2000)? Section 9 of the IT Act 2000 provides that nothing contained in section 6, 7 and 8 shall be confer a right upon any person to insist that any Ministry or Department of the Central Government or the State Government or any authority or body established by or under any law or controlled or funded by the Central or State Government should accept, issue, create, retain and preserve any document in the form of electronic records or effect any monetary transaction in the electronic form.

Section 6 of the IT Act, 2000 deal with the use of electronic records and digital signatures in government and its agencies. Section 7 of the IT Act 2000 deals with retention of electronic records. Section 8 of the IT Act, 2000 deals with publication of rule, regulation, etc. in Electronic Gazette.

Section 9 says that none can claim these services as a matter of right. For Indian citizens it’s a disabling provision and for Indian government it is deliberately formulated self defensive mechanism. Indian government lacks the will power to empower Indian citizens and residents electronically. Even after 11 years of formulation of the IT Act, 2000 Indian government is not confident and willing to provide mandatory e-governance services in India.

This is clear from the recent draft electronic services delivery bill, 2011 of India (ESD Bill 2011). However, the real problem with Indian E-Governance Initiatives in general and proposed ESD Bill 2011 in particular is that Legal Framework for Mandatory Electronic Services Delivery in India is missing from it, says Praveen Dalal, Supreme Court lawyers and Managing Partner of India’s exclusive techno legal law firm Perry4Law.

E-governance is very useful for bringing transparency and efficiency in delivery of public services. E-governance also helps in reducing corruption and red tappism. The 11 years of Indian e-governance failed to bring any impact upon growing corruption in Indian governmental dealing. This is the reason why Jan Lokpal Bill 2011 has been suggested.

However, the Jan Lokpal Bill of India 2011 or any other proposed Lokpal Bill of India must be strong and effective to deal with widespread corruption of India. This is more so when e-governance in India has failed and has become itself a source of corruption.

I have serious doubts that with these conditions, India would be able to capatilise the benefits of e-governance and mobile governance. Let us hope the State governments and Cabinet would reject the proposed ESD Bill 2011 for the larger interest of India.

National Telecom Policy 2011

Ministry of communication and information technology (MCIT) has been streamlining issues pertaining to information and communication technology (ICT). One such area of ICT that MCIT is urgently considering pertains to telecom sector.

Telecom sector of India has been ignored for a long by Indian government. Be it telecom policy, telecom security, mobile security, effective cyber laws, effective cyber security, etc, none of them have been given the importance they deserve.

Corruption related issues have also undermined the dignity and reputation of MCIT. Corruption related issues, including telecom scams, cannot be tackled effectively till we have a strong and effective Jan Lokpal Bill 2011. The same must be accompanies by effective and strong telecom laws. The National Spectrum Act of India has been suggested by Indian government for better management of scarce spectrum resources and other issues.

Further, Indian government is also in the process of formulating the National Telecom Policy 2011 (NTP-2011), which may be formulated by the end of this year. However, there are some other important issues that have skipped the attention of Indian government.

Issues like Consumer Friendly National Telecom policy of India, Telecom Security of India, establishment of Telecom Security Council of India, establishment of Telecom Security Regulatory Authority of India (TSRAI), etc must be considered by Indian Government in general and Ministry of Communication and Information Technology (MCIT) in particular on a “priority basis”, suggests Praveen Dalal, managing partner of New Delhi based law firm Perry4Law and leading techno legal expert of India. Further, Telecom Security Policy of India must also be formulated as soon as possible as India has already taken more than enough time in this regard, suggests Dalal.

Issues pertaining to mobile security in India and mobile cyber security in India have not been addressed properly by Indian government. As more and more mobile connections would be taken in India, the chances of their abuse and cyber crimes against them would also increase. Till now there is no mobile security policy of India.

Cyber Law of India is weak and ineffective and it must be repealed as soon as possible, suggests Dalal. Cyber Law Policy of India and Cyber Crimes Policy of India must also be formulated, suggests Dalal. The proposed National Telecom Policy 2011 must be Techno Legal in nature, suggests Praveen Dalal. It must be legally effective and technologically sound. Presently, issues like Encryption, VOIP, Satellite Phones, etc are not properly addressed by MCIT, informs Dalal.

If MCIT wishes to have a sound and effective telecom policy, engaging as much stakeholders as possible is the need of the hour. Further, opinion and suggestion of techno legal experts must also be taken by MCIT. With Kapil Sibal at the helm of all affairs, positive developments can be expected.

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.