Dec 27, 2010, 1:04:58 AM12/27/10
to Right to Recall Group
Kiran Bedi, Arvind Kesarival, Swami Agnivesh are putting herculean and
commendable efforts informing citizens about 26-page well written
Lokpal draft. Swami Ramdevji too has blessed this effort and many
Bharat Swabhiman Trust activists are publicizing this draft. IMO, all
activists should put time and efforts in informing citizens about this
But we should also ensure that 3 important shortcomings in the Lokpal
draft are addressed and clauses to fix them are added in the existing
draft as soon as possible.
The three shortcomings are
1. Citizens have no Right to Recall Lokpal if Lokpal is corrupt has
nexus with corrupt SC-Cj
2. Citizens have no Right to Retain Lokpal, Lokpal is honest but SC-Cj
is corrupt and dismisses honest Lokpal
3. Lokpal can ignore complaint even if complaint is coming from crores
of citizens who have no access to media
The first two shortcomings are that NO Right to Recall Lokpal
provision for citizens. Only Supreme Court Chief judge can remove
Lokpal. How non-corrupt are Supreme Court Chief judges? Eminent Lawyer
Shanti Bhushan says that half of the past 16 SC-Cjs were corrupt !!!
In addition, nepotism and deliberate in-actions on large issues has
become common. I personally have zero faith in HCjs, SCjs since 1975.
In this circumstances, it possible that
a. Corrupt SC-Cj would blackmail an honest Lokpal. Lokpal's
independence is compromised
b. Corrupt Lokpal and corrupt SC-Cj would form nexuses and assist each
other in many ways.
Also, an assumption that Lokpal will never become corrupt, or that
Lokpal-SCCj will not form a nexus is something I would like to dismiss
outrightly. Lokpal can become corrupt and may form nexus with SC-Cj in
which case Right to Recall Lokpal becomes MUST. And Lokpal and SC-Cj
may get both purchased by MNCs, in which case MNCs will end up having
complete control over Indian Administration, Ministries and Courts. So
we must have Right to Recall Lokpal. RTR Lokpal is also supported by
writings of Satyarth Prakash which page-1 of chap-6 says that "Raajaa
(Raajvarg) must be Prajaa-aadheen or else he will rob citizens the way
carnivorous animals kill small animals, and thus such a Raajaa will
ruin the nation". Same way, Lokpal must be Prajaa-aadheen. Or else, he
will rob the citizens and ruin the nation. In case Right to Recall
Lokpal Chairman is too much for others to accept, then IMO, we should
settle for Right to Recall any one member, called as Citizen's Member
The second shortcoming is that it may happen that Lokpal gives no
hearing to a big complaint that matters to crores of people who dont
have access to wealthy lawyers and media. Lokpal can simply delay
action on that complaint by calling it small and "too few people want
action on it". We must have a mechanism that would at least ensure
that Lokpal can dismiss complaints that matter to crores of commons
who have no access no media.
Proposed additions to Lokpal Draft
I propose adding following two sections in Lokpal draft
Section - CV : Citizens Voice
Clause CV.1 : If a citizen comes to District Collector's office with
an affidavit containing complain, then after verification of identity,
Collector or Executive Magistrate he has appointed will put the
complain on the website of Lokpal.
Clause CV.2 : Any citizen can register YES-NO on a complaint filed in
clause-1 by paying Rs 3 at Patwari (Talati) office after showing voter
card and Talati will add the YES-NO on the Lokpal's website along with
name and voter-number of the citizen.
This will ensure that if a Lokpal is ignoring complaint of crores of
citizens, he will get exposed. And the fact that he can get exposed,
he will not dare to ignore complaints of crores.
Right to Recall Lokpal
Section - RTRLC : Right to Recall Lokpal Chairperson
clause-1 [General Declaration] . The word citizen would mean a
clause-2 [Procedure for Collector] If a citizen of India above 30
years wishes to be PM, he can appear before Collector. Collector would
issue a serial number for a filing fee same as deposit amount for MP
clause-3 [Procedure for Talati , Patwari (or Talati’s Clerks)] If a
citizen comes in person to Talati’s office, pays Rs 3 fee , and
approves at most five persons for the Lokpal Chairperson position, the
Talati would enter his approvals in the computer and would him a
receipt with his voter-id#, date/time and the persons he approved. The
fee shall be Rs 1 for those with BPL card. If a the citizen comes to
cancel his Approvals, the Talati will cancel one of more of his
approvals without any fee.
clause-4 [Procedure for Talati , Patwari (or Talati’s Clerks)] The
Talati will put the preferences of the citizen on Lokpal's website
with citizen’s voter-ID number and his preferences.
clause-5 [Procedure for Secretary of Lokpal] On every Monday, the
Secretary will publish Approval counts for each candidate.
clause-6 [Procedure for Lokpal] If any candidate has obtained more
than 38 crore approvals and is 1 crore more than approvals obtained by
existing Lokpal, then Lokpal may resign and may request PM to appoint
the most approved candidate as Lokpal.
The Right to Recall Lokpal clauses can be also used to retain a
Lokpal, if Lokpal is honest and a dishonest SC-Cj removes him. In such
case, citizens can file approval for that honest ex-Lokpal and make
him Lokpal again.
And I will repeat, in case Right to Recall Lokpal Chairman is too much
for others to accept, then IMO, we should settle for Right to Recall
any one member, called as Citizen's Member in Lokpal.