The authority and significance of Lokpal

Source: Hindustan Times dated 18.03.2019

WHAT IS LOKPAL?

A national anti-corruption ombudsman to look into complaints against public servants as defined under the Lokpal Act, 2013. The office of Lokpal comprises a chairperson and up to eight members. The chairperson can be current or former judges of the SC or chief justices of HCs. Members should have least 25 years of experience in matters related to anti-corruption policy, vigilance, public administration, finance, law and management

POWERS OF LOKPAL

The Lokpal can initiate a preliminary investigation after it receives a complaint under the Prevention of Corruption Act, 1988. If the complaint is found to be true, the Lokpal can ask the government to take disciplinary action against the public servant and also file a case in a special court to be set up by the Centre

WHO ALL CAN LOKPAL INVESTIGATE?

According to the Lokpal Act, 2013, the ombudsman can investigate persons in seven categories — a prime minister after s/he demits office; current and former ministers; current and former MPs; all Group A officers of the central government; all Group A-equivalent officers of PSUs and other government bodies; directors and officers of NGOs which receive government funds; directors and officers of NGOs which receive funds from the public and have an annual income above ₹10 lakh from a foreign contributor and ₹1 crore from the government

THE INVESTIGATION AND TRIAL PROCESS

A preliminary inquiry should be completed within 30 days of receiving a complaint. The period can be extended to a further three months. A full inquiry has to be completed within six months, extendable by another six months. Trial should be completed within a year of filing the case; the time period can be extended to a maximum of two years. Lokpal does not need prior sanction from the government to investigate a complaint

WHO SELECTS LOKPAL?

A five-member selection panel comprising the Prime Minister, Lok Sabha Speaker, the Leader of Opposition, Chief Justice of India, and an eminent jurist nominated by the President

HOW CAN LOKPAL BE REMOVED?

The President can make a reference to the Supreme Court either on his own or if 100 MPs sign a petition seeking the removal of the chairperson or any of the members. If the SC, after an inquiry, finds the charges to be true, s/he should be removed by President

HOW WAS LOKPAL LAW ENACTED?

In January 2011, the government formed a Group of Ministers to suggest measures to tackle corruption, including the examination of the proposal of a Lokpal Bill following a protest in Delhi by Anna Hazare. In July 2011, the Union cabinet approved the bill, and both Houses of the country passed it in December 2013

HISTORY OF LOKPAL

According to Professional Referral Source (PRS) legislative research, the Lokpal bill has been introduced eight times in the Lok Sabha (1968, 1971, 1977, 1985, 1989, 1996, 1998 and 2001). Each time the Lok Sabha was dissolved before the bill could be passed, except in 1985, when it was withdrawn. Several commissions including the First Administrative Reforms Commission of 1966, the National Commission to Review the Working of the Constitution of 2002 and the Second Administrative Reforms Commission of 2007 recommended constitution of Lokpal.

ANTI-CORRUPTION OFFICES SIMILAR TO LOKPAL IN OTHER COUNTRIES

According to PRS Legislative Research, an Indian non-profit organisation, Sweden, Finland, Denmark, the Netherlands, Austria, Portugal, Spain, New Zealand, Burkina Faso and the United Kingdom are some of the countries which have the office of an ombudsman.

PC Ghose: A judge who handled key cases

Source: Hindustan Times dated 18.3.2019

NEW DELHI/KOLKATA: Justice Pinaki Chandra Ghose, a former Supreme Court judge, is all set to become the first Lokpal of India, an anti-corruption ombudsman.

According to officials with knowledge of the matter, a selection committee led by Prime Minister Narendra Modi agreed on his name.

Justice Ghose, who is a member of the National Human Rights Commission (NHRC), was a judge in the top court for four years from March 2013 to May 2017.

During this period, he adjudicated on wide variety of cases.

A division bench of Justice Ghose and Justice Amitava Roy convicted former Tamil Nadu chief minister J Jayalaithaa’s aide, Sasikala, and others in a graft case in a significant verdict. In this case, Jayalalithaa too was an accused, but proceedings against her were dropped because she died during the pendency of the case.

Justice Ghose was also a part of the two-judge bench that declared the centuries-old tradition of Jallikattu, or bull fighting, will be banned.

Another important matter handled by Justice Ghose as a Supreme Court judge was the Babri Masjid case, in which the top court directed a trial court in April 2017 to proceed against political leaders LK Advani, MM Joshi, Uma Bharti and others for alleged criminal conspiracy.

After his retirement in 2017, Justice Ghose was appointed to the National Human Rights Commission as a judicial member. Born on May 28, 1952, Justice Ghose comes from a family of lawyers. His father, late Justice Shambhu Chandra Ghose, is a former Chief Justice of Calcutta high court.

Justice Ghose, who graduated in law from the Calcutta University, joined the Bar Council of West Bengal in 1976 as an advocate. He became a judge at the Calcutta high court in July 1997.

In December 2012, he was made the chief justice of the Andhra Pradesh high court. After three months, in March 2013, he was elevated to the Supreme Court. Former advocate general of Tripura and eminent lawyer Bikash Ranjan Bhattacharya said the most noticeable part of Justice Ghose’s character is his calmness and friendly approach.

“He used to hear cases and pass orders very fast. As a judge, he astounded us with his sharp memory. In simple words, he was an outstanding judge,” said Bhattacharya.