By TCN News,
New Delhi: The Institute of Objective Studies (IOS), in its Memorandum of Suggestions on the Lokpal Bill, 2011, has supported exclusion of judiciary and the office of Prime Minister from the jurisdiction of Lokpal, saying it a “constitutionally valid proposition.” IOS has sent its memorandum to the Parliament Standing Committee.
IOS Chairman Dr Mohammad Manzoor Alam said the Lokpal Bill 2011 represented “a positive development” that would help curb corruption in public life.
The Memorandum of Suggestions was prepared by an IOS Committee of prominent jurists, social activists and academics. The Committee was formed following a consultation in September this year.
The Committee consisted of the following:
Mr. Justice A M Ahmadi, Former Chief Justice of India, Chairman; Mr. Mushtaq Ahmad, Advocate, Supreme Court of India, Convenor; Mr. Y. H. Muchhala, Sr. Advocate, Bombay High Court, Member; Mr. S.M. Kazmi, Sr. Advocate, former Advocate General, UP and former Chairman, UP State Minority Commission, Member; Prof. Faizan Mustafa, Vice Chancellor, National Law University, Orissa, Member.
Chief Suggestions
a. Some parts of the Jan Lokpal Bill, drafted by the team led by Mr. Anna Hazare, are cumbersome and impracticable, apart from violating the established parliamentary democracy and democratic institutions.
b. The Lokpal Bill, 2011, appears to be effective and conforming to the basic structure of the Constitution, and other statutory and constitutional bodies and authorities.
c. Exclusion of judiciary and the office of Prime Minister from the jurisdiction of Lokpal is a constitutionally valid proposition.
d. The Lokpal Bill, 2011, must include provisions mandating composition of Lokpal benches and its staff reflective of the diversities of Indian society proportionately. An easier way for such diversity to be reflected in the Lokpal is to include (i) Chairman of the National Commission for Minorities (ii) Chairman of the National Commission for Minorities Educational Institutions (iii) Chairman of the SC Commission (iv) Chairman of the ST Commission and Chairman of the OBC Commission as ex officio members of the Lokpal.
e. The Lokpal Bill, 2011, must include non-governmental organisations funded by corporate bodies within its ambit.
f. The Lokpal alone could not curb corruption and the government must take steps to address deficiencies in functioning of democracy. Among others, one such area is reform of electoral system making the legislatures really representative of the diversities of the Indian society.