Union Cabinet approves Lokpal draft

[Kinetic]

Kudos to our netas and babus, they know how to find holes. Here the jokepal!!!



The most corrupted people of India deciding, the anti-corruption Lokpal bill!!!! Isn't this funny??? Even a 15 years old boy can see the holes in the so called Lokpal draft....... Here is my view....




Cabinet approves Lokpal draft, CBI out of its control
PTI | Dec 20, 2011, 08.58PM IST

NEW DELHI: The Union cabinet on Tuesday approved the much-awaited Lokpal bill after a two-hour special meeting, official sources said. The cabinet met in the parliament house complex under the chairmanship of Prime Minister Manmohan Singh.

Plus points:

The Lokpal, with Constitutional status, will, however, have superintendence over the cases referred to CBI by the anti-graft ombudsman, according to the draft bill that was considered by the Union Cabinet at a special meeting tonight.

The watchdog will have the powers to carry out preliminary inquiry to be headed by a Director of Inquiry and will have a prosecution wing under a Director.

Half of the bench would be members from judicial background, sources told PTI.

Under the proposals, the Prime Minister will be under the purview of the Lokpal with certain safeguards that will keep out aspects like international relations, public order, atomic energy, space, internal and external security from the inquiry.

Minus points:

Refusing to yield to Anna Hazare's demand, the government has kept CBI out of the control of Lokpal and decided not to hive off the Directorate of Prosecution from the investigative agency.

How can govt do that? CBI is a tool for hiding high level corruptions.

The Lokpal, which will be an eight-member body, will have a term of five years and its chairman or a member can be impeached only after at least 100 MPs make a representation.

100 MPs! lol means Congress or BJP alone can do this!!

Departing from the original bill, the government has now proposed 50% reservation for SC/ST, OBCs, Minorities and Women in the Lokpal bench and in the search committee.

Here is reservation as well!! When some SC/ST MPs were protesting for reservation in Lokpal I thought it will be funny, but govt is really making it!!!

The Lokpal and the members will be selected by a Committee consisting of the Prime Minister, Lok Sabha Speaker, Leader of Opposition in the Lok Sabha, Chief Justice of India or a Supreme Court judge nominated by him and a jurist of eminence nominated by the President.

We know which people will be selected by such people!

Probe on any complaint against the Prime Minister will be decided by the full bench, of which at least three-fourth should agree.

The Prime Minister will appoint the Lokpal which in tern will probe a complaint against him/her!!!

The probe will in-camera and if a complaint is dismissed, the records on it should not be made public.

Here is another big hole for our babus and politicians. When a babu or neta is 'proved' 'innocent', the way of probing the complaint will never made public.

Another important provision in the bill is the change in the mode of appointment of CBI Director.

The Lokpal Bill provides for an appointment committee consisting of the Prime Minister, Leader of Opposition in the Lok Sabha and Chief Justice of India or a Supreme Court judge to decide the new Director, CBI.

Again politicians will decide the CBI director.

Appointment of SPs and above in CBI will be done by a committee consiting of CVC, Vigilance Commissioners, Home Secretary and Secretary, DoPT.

All of them appointed by their minister bosses.

According to the proposals in the Bill, the Lokpal cannot initiate any inquiry suo motu and a complaint will be required.

If it cannot initiate any inquiry suo motu than what is its purpose?

The Inquiry Wing will be headed by a Director for preliminary inquiry. The Lokpal can also ask the CBI to conduct the preliminary inquiry, which should be completed within 180 days.

Ideally, the preliminary inquiry should be completed within 90 days and extension if necessary should be sought in writing.

That time is enough to destroy the evidences.

Cabinet approves Lokpal draft, CBI out of its control - The Times of India

 

[kak1978]

50% reservation is just insane.We would make sure that Congress doesn't comes in power for at least two next terms.

Well, Mrs Sonia Gandhi is bringing the Food Bill, without any regards for how it will be funded, just to win the next elections.

 

[kak1978]

Although not perfect, this bill is better than the original bill, there is a very good chance that this bill will pass and become a law, then BJP and other parties need to bring in amendments as they have promised.

 

[sss112]

Refusing to yield to Anna Hazare's demand, the government has kept CBI out of the control of Lokpal and decided not to hive off the Directorate of Prosecution from the investigative agency.
How can govt do that? CBI is a tool for hiding high level corruptions.

1. Investigation and Prosecution are not in hands of the same body.
e.g. Police do the investigation, Judiciary is reponsible for the prosecution part [read lawyers].

The Lokpal, which will be an eight-member body, will have a term of five years and its chairman or a member can be impeached only after at least 100 MPs make a representation.

2. 100 MPs required to put up the issue in Parliament. That means any small part can make move against the member.
It has to be proved that the member has done something wrong to remove him. So don't agree with your comment here.

Departing from the original bill, the government has now proposed 50% reservation for SC/ST, OBCs, Minorities and Women in the Lokpal bench and in the search committee.

3. Reservation is in the Constitution itself. If they put up a bill without it, it would have to be redrafted. Good move. Govt serious about a Practical Lokpal bill which can be passed at the earliest.

4. The selection body is good. Good its not going the Judiciary way where Judges choose Judges. People with integrity will be on the panel for sure. Chairman, however, might be choosen on the likings of the Part in Power.

The Lokpal and the members will be selected by a Committee consisting of the Prime Minister, Lok Sabha Speaker, Leader of Opposition in the Lok Sabha, Chief Justice of India or a Supreme Court judge nominated by him and a jurist of eminence nominated by the President.

5. Judges are chosen in the same way. This one is just a rant Sir.

Probe on any complaint against the Prime Minister will be decided by the full bench, of which at least three-fourth should agree.

6. Personal grudges won't cripple the Govt.

The probe will in-camera and if a complaint is dismissed, the records on it should not be made public.

7. Means media will not get a field day. I think it would be accessible under RTI.

Another important provision in the bill is the change in the mode of appointment of CBI Director.

The Lokpal Bill provides for an appointment committee consisting of the Prime Minister, Leader of Opposition in the Lok Sabha and Chief Justice of India or a Supreme Court judge to decide the new Director, CBI.

8. Means Ruling party alone would not be incharge of appointing the CBI Director.
Good move here. Earlier only Part in Power decided on who will take the post.

Appointment of SPs and above in CBI will be done by a committee consiting of CVC, Vigilance Commissioners, Home Secretary and Secretary, DoPT.

9. Political affiliations wont affect the postings.

According to the proposals in the Bill, the Lokpal cannot initiate any inquiry suo motu and a complaint will be required.

10. What do you want to say here sir? If someone is corrupt, there would be at least one complaint against him/her. How can the Lokpal on his own decide if someone is corrupt and start the investigation? [My logic could be wrong, can you explain your point with a scenario please?]

The Inquiry Wing will be headed by a Director for preliminary inquiry. The Lokpal can also ask the CBI to conduct the preliminary inquiry, which should be completed within 180 days.

Ideally, the preliminary inquiry should be completed within 90 days and extension if necessary should be sought in writing.

11. I think this is similar to the conditions under RTI. They cannot bury the investigation. I don't know any investigative body that can do investigations in an instant.


Sir, i suggest you read the Constitution of India. Most from the Media seem to be uninformed about anything written in it.
And, please lay of these stupid news channels. I used to be swayed by their stupid "Breaking News" as well. After reading the Constitution you will understand the logic that goes into it. Also, you will realize that whatever is shown on TV or the Print Media is flawed many-a-times and serves the purpose of certain Parties or Private Institutions [Read Paid News here].
You would also realize the intricacies of making a law from a draft and the procedure involved in the same.

People pay too much attention to the Drama being played on the TV rather than the Producers and the Directors involved in the same. [You get what I'm trying to say about all the stupid things that they show on news channels. Try to guess who will benefit from it the most]

Important: I'm an engineer and I read the Constitution to be aware of how the top body of our country works, I suggest to all here to do the same. Clears a lot of things and brings in some new perspectives regarding various bodies and their working.

Thank you for reading such a long post. Good Day.

 

[sachin@india]

This is a BS draft... without CBI under her perview itis toothless... CBI needs to be make independent .. presently it is only serving her political masters.

 

[Kinetic]

Good post. Here is my reply....

1. Investigation and Prosecution are not in hands of the same body.
e.g. Police do the investigation, Judiciary is reponsible for the prosecution part [read lawyers].

Prosecution is not but investigation is in hands of some body called CBI, which usually influenced by the govts.

2. 100 MPs required to put up the issue in Parliament. That means any small part can make move against the member.
It has to be proved that the member has done something wrong to remove him. So don't agree with your comment here.

lol There will be not short of acquisitions against everyone in INDIA. It is just easy to prove and they just 100 MPs to impeach.

3. Reservation is in the Constitution itself. If they put up a bill without it, it would have to be redrafted. Good move. Govt serious about a Practical Lokpal bill which can be passed at the earliest

Lokpal is not made for the sake of making another anti-corruption body, neither it is another govt office that for the sake of reservation they can put people there. It was proposed to be something made up of people with great integrity and exceptional background, it cannot chosen in terms how they born in which caste.


4. The selection body is good. Good its not going the Judiciary way where Judges choose Judges. People with integrity will be on the panel for sure. Chairman, however, might be choosen on the likings of the Part in Power.

5. Judges are chosen in the same way. This one is just a rant Sir.

Really? Who do you think choose the judges? From where? Here the body will choose any people they want, like ex CVC Thomas.

6. Personal grudges won't cripple the Govt.

Whose personal grudges are you talking about?

7. Means media will not get a field day. I think it would be accessible under RTI.

No, when it is mentioned by the draft, 'it will not made public', it cannot be accessed by RTI. I know it really hurts watching media 'ranting' against those corrupted leaders all the day. lol

8. Means Ruling party alone would not be incharge of appointing the CBI Director.
Good move here. Earlier only Part in Power decided on who will take the post.

You still think the investigation is not influenced by the govts?

9. Political affiliations wont affect the postings.

But I think it very high in India. Govt servants given higher posts after retirements during which they served under the ministers. I think an independent body should decide who will be the director of CBI, CVC, Election commissioner etc.

10. What do you want to say here sir? If someone is corrupt, there would be at least one complaint against him/her. How can the Lokpal on his own decide if someone is corrupt and start the investigation? [My logic could be wrong, can you explain your point with a scenario please?]

One of the reason behind Lokpal was that it should be able to start investigation suo motu. If such capability is given than 2G like scam prove would have started much earlier and completed soon.

11. I think this is similar to the conditions under RTI. They cannot bury the investigation. I don't know any investigative body that can do investigations in an instant.

Now there is no proof of any wrong doing by anyone in Bofors.

Sir, i suggest you read the Constitution of India. Most from the Media seem to be uninformed about anything written in it.
And, please lay of these stupid news channels. I used to be swayed by their stupid "Breaking News" as well. After reading the Constitution you will understand the logic that goes into it. Also, you will realize that whatever is shown on TV or the Print Media is flawed many-a-times and serves the purpose of certain Parties or Private Institutions [Read Paid News here].
You would also realize the intricacies of making a law from a draft and the procedure involved in the same.

People pay too much attention to the Drama being played on the TV rather than the Producers and the Directors involved in the same. [You get what I'm trying to say about all the stupid things that they show on news channels. Try to guess who will benefit from it the most]

Important: I'm an engineer and I read the Constitution to be aware of how the top body of our country works, I suggest to all here to do the same. Clears a lot of things and brings in some new perspectives regarding various bodies and their working.

Thank you for reading such a long post. Good Day.

I have read constitution of India and every Engineer did. And all those everything shown on TV are not drama and think you may give me minimum credibility that I have the intellect to differentiate the drama from the actual story. I want to say another thing, I am not against any specific political party but what the govt doing is wrong and trying for a weak Lokpal.

 

[sss112]

I have read constitution of India and every Engineer did. And all those everything shown on TV are not drama and think you may give me minimum credibility that I have the intellect to differentiate the drama from the actual story. I want to say another thing, I am not against any specific political party but what the govt doing is wrong and trying for a weak Lokpal.

Thank you for going through the reply Sir and great to hear that you have read the Constitution. Barring a few non of my batch mates ever touched a book with constitution written on it.

I agree with you that the Lokpal Bill is not the strongest. But i do not expect that the political class will create a very strong Lokpal right at the beginning. As usual they start at a lower level and with amendments slowly and steadily make it stronger.
Otherwise they run the risk of running the next session in Tihar jail rather than the Parliament.
But its a good development. The political class will change with time and a strong Lokpal institution like the Election Commission will be in place in half a decade or so. Evolution of Institutions, especially in democracy, takes significant time.
The politicians know that their way of "Chalta hai" attitude is not tolerated anymore. Seen the higher Bureaucracy adapt to this in the last 7-10 years. Now its the turn of lower Bureaucracy and the Politicians.
they are aware that if they don't evolve, they will perish. So the process has started.

I might be looking at it in the terms of "Half glass full" attitude.

Would like to hear what you think.

 

[Laughing_soldier]

http://www.ndtv.com/video/player/news/video-story/219701

arun jaitley.