The draft bill seeks to create an institution that will be independent of those it seeks to police, and will have powers to investigate and prosecute all public servants, and others found guilty of corrupting them. A number of commentators have raised issues about the provisions in the draft of the Jan Lokpal Bill. They have asked whether it would be an effective instrument to check corruption. They have pointed to...
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Anna Hazare and Jan Lokpal Bill may fail by Priyankan Goswami
The idea of the first Jan Lokpal Bill dates back to as early as 1969, yet this democratic bill was always denied by the pseudo democratic government of India for the last 42 years. None of the Lokpal bills introduced again and again in 1971, 1977, 1985, 1989, 1996, 1998, 2001, 2005 and 2008 passed the approval nod of our great Indian leaders simply because it threatened the supreme powers...
More »Judicial check by V Venkatesan
The quashing of the appointment of P.J. Thomas as the CVC shows the judiciary can go beyond the express provisions of law to render justice. THE Indian Constitution does not envisage strict separation of powers among the three branches of the government – the executive, the legislature and the judiciary. This flexibility permits marginal incursions though one branch cannot usurp the essential functions of the other. One of the essential functions...
More »Less than activist by Madhav Khosla
Judicial review of executive action is not unique, but the remedy in the CVC case is a departure from the court's record of approach to corruption. THE Supreme Court's decision to declare the appointment of Chief Vigilance Commissioner (CVC) P.J. Thomas as non-existent in law has stimulated much debate. The political fallout of the ruling has been widely studied, with pundits pondering over how seriously it may impact the Prime Minister's...
More »In two voices by Venkitesh Ramakrishnan
Recent actions of some senior BJP leaders hint at an understanding between the Congress and the main opposition at the leadership level. THE Bharatiya Janata Party's (BJP) credentials and commitment as the principal opposition party of the country have been repeatedly questioned in the past seven years, the period in which the Congress-led United Progressive Alliance (UPA) has held the reins of power at the Centre. Recent developments in Parliament...
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