Success Samrat

FORMER JUDGE OF THE SUPREME COURT OF INDIA JUSTICE  PINAKI CHANDRA GHOSE IS INDIA’S FIRST LOKPAL.Presently justice GHOSE is one the the members of the National Human Rights Commission. Justice Ghose was born on 28th of May 1952 in Calcutta.A commerce and a law  graduate from the University Of Calcutta.He got himself registered as an Advocate on November 30,1976 with the Bar Council of West Bengal.Practiced in Civil, Commercial, Arbitration, Constitutional and Company matters both in the Original Side and Appellate Side at Calcutta High Court. He was elevated as a permanent judge of the Calcutta High Court In 1977.Later he was transferred to the High Court of Andhra Pradesh and assumed the charge as Acting Chief Justice of the court.Later he was appointed as Chief Justice of the same.In March 2013 he was elevated to the Supreme Court Of India.He retired as judge of Supreme Court in May 2017.

OTHER IMPORTANT POSITIONS-

1-Executive Chairman, Andaman and Nicobar State Legal Services Authority and Executive Chairman, State Legal Services Authority, West Bengal.

2-Nominated as a Member of the National Legal Services Authority.

3-A Life Member of the Indian Law Institute and acted as the Treasurer of the Indian Law Institute.

4-Chairman of Institutional Ethics Committee of National Institute of Cholera and Enteric Diseases, Kolkata.

5-President of the Governing Body of Ramakrishna Mission Sikshana Mandir, Belurmath and Sikra Kulingra both in West Bengal. Vice-President of the Governing Body of the Institute of Culture, Ramakrishna Mission and Swami Vivekananda Ancestral House, Ramakrishna Mission, Kolkata.

6-Member of the Executive Council of the National University of Juridical Sciences, Kolkata. LOKPAL AND LOKAYUKTA ACT OF 2013.

The ACT of 2013 provides for the establishment of a LOKPAL for the UNION and the LOKAYUKTA for the States of INDIA.The institution is to inquire into the allegations of corruptions against certain public functionaries and related matters.The Act is applicable in entire India including the State of Jammu and Kashmir and also applicable to the all public servants within and outside the territory of India.

SALIENT FEATURES OF LOKPAL AND LOKAYUKTA ACT OF 2013.

1-The Act includes all the ministers including the Prime Minister(with some safeguards)along with the senior civil servants.Excludes all the three wings of our forces including the Coast Guards.

2-The donations which are received from foreign countries under the Foreign Contribution Regulation Act if exceeds the sum of rupees 10 lakhs annum is brought under the jurisdiction of  Lokpal.

3-Complete and adequate protection for the honest public servants.

4-The Lokpal will have the power of superintendence and direction over any investigating agency in India including Central Bureau Of Investigation.

5-The committee is to be chaired by the Prime Minister and he will recommend the appointment of the Director ,Central Bureau Of Investigation.

6-The Director will have a complete hold on the Directorate Of Prosecution.Central Bureau Of Investigation will appoint a Director on the recommendations of the Central Vigilance Commission.

7-The transfer of the officers of Central Bureau Of Investigation who are investigating the cases referred by Lokpal can only be transferred on approval by the Lokpal. The institution is a statutory body.Comprises of a Chairperson and 8 members at max.

CHAIRMAN should be-

Former Chief Justice Of India.

OR

Former Judge Of Supreme Court.

OR

an eminent person having at least the experience of 25 years in matters of Anti-Corruption Policy,Public Administration,Vigilance,Finance and Management.

Members-

The institution comprises of 8 members.Half must be judicial members and the remaining half must be from Schedule Caste/ Schedule Tribe/Other Backward Classes,Minorities and Women.The judicial members must be either Judge of Supreme Court Of India or a former Chief justice Of a High Court.The non -judicial members must bean eminent person having at least the experience of 25 years in matters of Anti-Corruption Policy,Public Administration,Vigilance, Finance and Management.

Appointment –

The members are appointed by the President of India on the recommendation of the selection committee.

The committee comprises of-

Chairperson-The Prime Minister Of India.

Speaker Of The House Of People.

Leader Of Opposition in the House Of People.

The Chief Justice of India or any judge nominated by him.

One Eminent Jurist.

Tenure-

The term of the chairman along 8 members is of 5 years or till they attain the age of 70 years.

Salary and Allowances-

The salary and allowances of the Chairman is same as that of the Chief Justice of India and of the members is equal to the judges of the Supreme Court of India.It has to be charged on the CONSOLIDATED FUND OF INDIA.If a pensioner is a member of the institution,then the equivalent amount of pension will be deducted from his salary.

In case of Death or Resignation-

In case of the death or resignation of the chairperson the President of India appoints the senior most member as the chairman till new Chairperson is appointed.In case of his being on leave his duties will be performed by the senior most member.

OFFICERS OF LOKPAL-The Chairman of Lokpal appoints three officers to the Lokpal.

These are-

SECRETARY TO LOKPAL.

DIRECTOR OF INQUIRY.

DIRECTOR OF PROSECUTION.

POWERS OF LOKPAL-

1-The Lokpal will have the power of superintendence and direction over any investigating agency in India including Central Bureau Of Investigation.

2-The transfer of the officers of Central Bureau Of Investigation who are investigating the cases referred by Lokpal can only be approved by Lokpal.

3-The Lokpal has the power to authorize Central Bureau Of Investigation for search operations.The inquiry department of the Lokpal has the powers of the civil court.

4-Lokpal can confiscate the assets that are procured by means of corruption.It can even recommend the suspension or the transfer of a civil servant who is a suspect in corruption.

POINTS TO BE REMEMBERED-

1-OMBUDSMAN-This Swedish word means ”an officer appointed by the legislature to investigate the complaints against administrative and judicial actions”. Instituted for the redressal of citizen’s grievances.

SWEDEN in 1809 became the first country that established such an institution.Named Parliamentary Ombudsman.After Sweden,FINLAND and DENMARK also created such institution.In 1962 the New Zealand became first Commonwealth Country and fourth in the world to do so.It named the institution as Parliamentary  Ombudsman.In 1967 The United  Kingdom founded an ombudsman named Parliamentary Commissioner for Administration.

2-The first Administrative Reform Commission was headed by Morarji desai was set up in 1966. The committee recommended for setting up the institution of the ‘Lokpal’ and ‘lokayukta’ for the redressal of citizen’s grievances on lines of Scandinavian model.The committee kept the judiciary outside the purview of the Lokpal and the lokayukta.The institution is to inquire into the allegations of corruptions against all the ministers and the secretaries at the Centre and the State including the senior public servants.The Government of India accepted the recommendations and introduced a Bill in 1968.

3-In 1970,Lokayukta Act was passed in Orissa but  in 1977 Maharashtra became the first State in establishing Lokayukta.

4-Uplokyukta was also  established in the States of  Maharashtra,ANDHRA PRADESH,KARNATAKA and RAJASTHAN.The States like GUJARAT,MADHYA PRADESH,ANDHRA PRADESH,HIMACHAL PRADESH have brought their Chief Ministers under the jurisdiction of Lokayukta.

5-The State governments of UTTAR PRADESH,HIMACHAL PRADESH and ASSAM have not given suo moto to start the investigations.