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Here is an essay on the ‘Lokpal’ for class 9, 10, 11 and 12. Find paragraphs, long and short essays on the ‘Lokpal’ especially written for school and college students.
Essay on the Lokpal
Essay Contents:
- Essay on the Machinery for Redress of Public Grievances
- Essay on the Salient Features of Lok Pal Bill, 2001
- Essay on the Jurisdiction of Lokpal Bill
- Essay on How a Complaint will be Lodged ?
- Essay on the Functions of Lokpal
Essay # 1. Machinery for Redress of Public Grievances:
The Administrative Reforms Commission recommended in 1966 the adoption of the Ombudsman type of Institution in India. This was on the pattern of Commissioners in New Zealand and England. In 1969 and 1971 the Government vacillatingly introduced Lokpal Bills in Lok Sabha.
The legislation lapsed with the dissolution of the fourth and the fifth Lok Sabha. However, the Bill had excluded Prime Minister from purview of Lokpal.
The Congress Government under Mrs. Indira Gandhi proposed to set up the institution of Lokpal at the Central level but the Bill lapsed. With the inception of Janta Government in 1977, the proposal was revived in order to end corruption in public life of the country again, on July 28, 1977 by the Janata Party.
This bill brought Prime Minister also within the purview of Lokpal. Secondly, the Lokpal was allowed to have his own administrative machinery to carry out investigations. He had not to depend upon governmental machinery to carry out his task.
The Bill, however, could not be enacted. The Rajiv Gandhi Government was also enthusiastic enough to take up the matter. Hence, it introduced the Lokpal Bill in the Parliament in 1985.
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The Lokpal Bill was referred for the consideration of a Joint Select Committee. Till the dissolution of Lok Sabha in 1989, the Bill could not be passed. Hence it was again set at naught. On December 29, 1989 Janata Dal Law Minister introduced the Lokpal Bill. The Bill sought to establish Lokpal with a Chairman and 2 members—serving or retired Judges of Supreme Court.
However, the Bill could not be enacted, the Rao Government also failed to introduce the Bill afresh. It was again introduced by Prime Minister A.B. Vajpayee on August 3, 1998—the seventh time. After the resignation of the then Vajpayee Govt., in May 1999 and the dissolution of Lok Sabha, the Lokpal Bill ran into rough weather.
The Lokpal Bill was again introduced on August 19, 2001 which also failed to be enacted and the Vajpayee Government resigned. Several states have passed Lokayukta Acts and have actually appointed Lokayuktas to keep a vigilant eye on the public officials. The Institution could exercise wholesome influence on public administration.
Essay # 2. The Salient Features of Lok Pal Bill, 2001:
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Lokpal is to be appointed by the President on the advice of the Prime Minister who is to consult Chief Justice of India and the leader of the Opposition. If there is no such leader, the Prime Minister is required to consult a person elected by the members of the Opposition in the Lok Sabha in such a manner as the Speaker may direct.
The Lokpal is to command the same status as that of the Chief Justice of India and the other members to have status of either serving or retired judges of the Supreme Court. Their tenure is five years though they are re-eligible for another five years. They will not be removable from office except in the manner prescribed in the Constitution for the removal from office of a judge of the Supreme Court.
On appointment as Lokpal, they will cease to be members of any legislature if they will be one before the appointment. Likewise, they will no longer hold an office of profit on this assignment. They will cease to be a member of any political party and sever his business connections if any. After retirement, they will not be eligible for any appointment under the Government or in a Government undertaking.
They will be free to choose their own staff, though their conditions of service will be subject to the control of the Parliament. All this has been done to enable the Lokpal to perform his functions with objectivity and ensure their independence.
Besides, their salaries will be those of Chief Justice in case of Chairman and judges of Supreme Court in case of members. Adequate salary helps in ensuring independence and objectivity.
Essay # 3. Jurisdiction of Lokpal Bill:
The Lokpal is a standing machinery to investigate cases of misconduct against public men. He is not a functionary to deal with redress of citizens grievances in respect of injustice or undue hardship on account of maladministration. His is an institution to probe into cases of corruption in public life.
The Bill brought within the purview of Lokpal the Prime Minister as well. It was not to have any jurisdiction to conduct enquiry into the allegations against the President, Vice President, the Speaker of Lok Sabha, the Chief Justice or any judge of the Supreme Court, the Comptroller and Auditor General, the Chief Election Commissioner or Election Commission, the Chairman or any member of the UPSC.
The Lokpal was not to have jurisdiction to enquire into any matter concerning any person if any of its members has any bias in respect to person or matter concerned. The Lokpal was also not to enquire into any matter referred to enquiry under Commission of Enquiry Act or into any complaint made five years after the date of offence mentioned in the complaint.
However, the Bill could not be enacted as parliament was dissolved. The Narasimha Rao government failed to introduce the Bill afresh during its five years rule obviously for political reasons. Same happened in previous government led by Vajpayee.
Towards the fag end of their tenure, the NDA government thought of introducing Lok Pal Bill. The critics called it election-oriented step only on ‘Hawala gate scandal’ had tarnished the image of the ruling majority party. However, the Bill could not see the light of the day as an act.
The UPA Government also has been debating the issue since its holding the reins of government. Eventually, it thought of introducing the Lok Pal Bill again at the far end of its tenure. However, these attempts to have a Lok Pal reflects that our political executive is fully conscious of the necessity of having such an institution to rope in corrupt politicians who are always out to make hay while the sun shines brightly for them.
In the words of Dr. S.R. Maheshwari “one must however want that the institution of Lokpal has a fruitful role to play in a system of government which habitually .operates at a reasonably high level of integrity, efficiency and devotion. The smaller the zone of administrative wrong the greater is the utility of Lok Pal…” In fact, in a country like India, Lokpal or Lokayuklta are hardly panaceas of all our ills.
These institutions are expedient to function as Sword of Damocles on the head of political executives. Administrative reforms are the crying need of the hour. If the administration is to be rewamped. Besides Lokpal it is essential to have another Institution to redress the grievances of the people who are victim of high-handedness of corrupt officials.
Essay # 4. How a Complaint will be Lodged ?
A complaint involving a grievance will be made by the aggrieved person. However, in case, the aggrieved person is dead or incapacitated, then complaint will be lodged by a person who legally represents the estate of the aggrieved person or any other person authorized by the former.
A complaint involving an allegation can be lodged by any person other than a public servant. Moreover, every complaint has to be made in such a form and is to be accompanied by such affidavits as prescribed from time to time.
Letters addressed to Lokpal by persons in police custody or in jail or in any asylum for insane persons will be forwarded unopened and without delay by the concerned authorities to Lokpal who may treat such letters as bona fide complaints.
Essay # 5. Functions of Lokpal:
He will be able to initiate investigation on receipt of a complaint properly filed before him. However before starting any investigation he has been required to forward a copy of the complaint or a statement laying down the grounds for investigation to the concerned and to the competent authority and afford the concerned an opportunity to make comments.
Investigation is to be carried on secretly. The identity of the complainant and the concerned is not to be disclosed to the public or the press, before, during or after the investigation. He may conduct public investigation in case involving public interest if he deems fit to do so.
He has, in fact, the discretionary powers to investigate the cases and to determine whether there are enough grounds for investigation. If he decides not to entertain a complaint or discontinue investigation after starting it, he is expected to convey the reasons for the same to the complainant and also the concerned official.
In the course of investigation, he can ask any public servant or any other person to produce documents or furnish any information.
He constitutes in himself a sort of civil court to:
(a) Summon and enforce attendance of any person and to examine him on oath;
(b) Require discovery and production of any document;
(c) Receive evidence on affidavits;
(d) Requisition any public record from any court or office;
(e) Issue instructions for examination of witness/documents.
However, no information need be furnished to Lokpal if such information:
(a) Prejudices the security or defence or international relations of the country;
(b) Is concerned with investigation or detection of a crime;
(c) Involves disclosure of proceedings of Union Cabinet or Cabinet of any Union Territory or the Executive Council of Delhi Administration or any committee of such Cabinet or Executive Council.
No person can be forced by Lokpal to give any evidence or produce any document which he could not be compelled to give or produce before a court. Further, he can requisition the services of any officer or investigation agency of Central Government with the concurrence of the latter or of any other person or agency.
Recommendations:
After conducting investigation, he is to send a report of his findings and recommendations to the competent authority of the public servant concerned. The Prime Minister is such a competent authority who can initiate within three months of the receipt of recommendations the action taken or proposed to be taken against the concerned, if all or any of the allegations have been substantiated against the minister.
However in case of the Prime Minister, it is left to the Lok Sabha to take action as ultimately that political functionary is responsible to the people through their representatives. Where the allegations in the complaint have not been wholly or partially substantiated, the Lokpal will close the case.
Reports:
Besides the special report, the Lokpal is required to submit a consolidated annual report on his performance to the President who is to place the copy of the report before each House with explanatory memorandum.
Protection:
No proceedings of Lokpal can be challenged in any court of law except on ground of jurisdiction. No legal proceedings can lie against Lokpal for anything done under the Act in good faith.
Lokayukta:
The President of India is empowered to appoint one or more than one Lokayukta in consultation with Lokpal. Lokayukta is under the administrative control of Lokpal who can issue directions regarding convenient disposal of investigation.
However, Lokpal is not authorized to question any finding, conclusion or recommendation of Lokayukta. Though institution of Lok Pal has not yet been established at the central level yet many states have owned this concept. Hence in Orissa, Maharashtra, Rajasthan, Bihar and UP were the pioneer in setting up Lokayukta. Presently fourteen states have opted for this institution.
Jurisdiction:
Lokayukta is supposed to have jurisdiction over actions of public servants other than within the purview of Lokpal. The competent authority for the purposes of recommendations in the case of Lokayukta, will be such as may be notified from time to time.
The conditions of appointment, tenure of office, removal, scope of functions, manner of making complaint, manner of functioning recommendation, reports, secrecy of information, contempt and protection in respect of Lokayukta are analogous to those in respect of Lokpal.
In a significant move, the Orissa Government repealed the Orissa Lokpal and Lokayukta Act under which a Lokpal functioned in the state to probe into charges of criminal misconduct, corruption among others against state ministers including the chief minister and legislators. This was done by an ordinance issued by Governor. This was not a welcome development.
On December 10, 1996 an ordinance was issued in Punjab for implementing Punjab Lokpal Act. To deter the non-serious the government raised the fee for filling complaints with the Lokpal from Rs. 1000 to Rs. 5000.
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Though the number of complaints to the Lokpal is getting piled in the states, yet bulk of people are still not acquainted with the Institution. In some states, its jurisdiction remains limited. Many administrations are kept outside his purview. For instance Chief Ministers and ministers in almost all states are kept outside the jurisdiction of Lokayukta.
In some states they have been deprived of investigating agencies. This has enhanced their dependence on Government agencies. In-fact, involvement of officials in this indirect manner is neither desirable nor cherishable by the Lokayuktas.
It will not be out of place to point out that in almost all states the institution has been shown cold shoulders by the respective governments.
CM Bihar Abdul Gafar while presenting first Annual Report on the Institution in the Assembly remarked “…I feel that the sovereign House has parted with its sovereignty by creating the institution of lokayukta and arming it with powers to enquire into the conduct of the members including Minister.”
The Lokayupta institution, as has existed in several states mostly remains a toothless tiger. A report well summed up. “The Institution of Lokpal is a still born while that of Lokayukta in states are ineffective. But the strengthening of the institution there is the sure-way of development of democracy with integrity.”