Please find inserted below, the Jan Lok Pal Bill V2.1 with review remarks of mine. I am not a legal expert by any stretch of imagination but understand a few basics of law and systems of justice in India.
(Please look at ‘review comments’. Document is in MS word format)
I have not completed the whole thing. Will do so and update.
Some global remarks / observations:
- Lok Pal certainly seems to assume unduly high powers, powers of courts to issue orders / enforce order in many cases. This has to be avoided in my view. I think that Lokpal should be able to receive complaints, take suo-moto notice etc and investigate but passing order should be left to the courts.
- Not needing permission to investigate is essential and that is good.
- Lok Pal appears to be empowered even to look at wrong decisions taken by public servants. That is undue power. In general, actions of any of us may be subject to 3 problems; Inefficiency, wrong judgment, malafide action. Only last point should come under purview of Lokpal. If for instance, a municipal officer wrongly judges the need for a bridge in a place and gets it constructed and 2 years down the line, it is seen that it is not used much, should we accuse him of unduly favouring the private player who got the contract to construct it. No !!! . Unless, the officer has received favours from such private player, he should be immune.
Jai Hind !!!