Friday, July 1, 2011

Lokpal and PM

•    Issue 1: PM under lokpal?
o    Under art 361 , immunity from criminal proceedings is only for President and governor
o    PM and his ministers are influenced by politics which migh eb unethical, corrupt. Hence they can’t be given immunity
o    In countries like japan, italy, israel, PMs have no immunity
•    Issue 2:PM can be investigated by CBI under prevention of corruption act 1988
o    Investigation under act on officials above joint secreatry level and ministers need approval of central government
o    CBI is under DoPT which inturn is under PMO
o    Solution: CBI anti corruption wing must be under lok pal
•    Issue 3: Lokpal may be used by foreign powers to destabilise government
o    EC, SC, HC are all independent and powerful
o    Why is it that only lokpal is seen to be susceptible to foreign powers?
•    Issue 4: PM under lokpal will mean a parallel government
o    SC,HC are also powerful. But are they a parallel government ?
o    SC,CAG,EC all constitute checks and balances on political executive and administration
o    It is to ensure public funds arent misappropriated
o    Lokpal will be under constitution and hence subject to judicial review
•    To promote good governance . a powerful and independent ombudsman is a desiderata

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