constitutionality of Jan Lok Pal BillJoint drafting committee

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Every law needs discussion in parliament. A bill has to be presented before parliament, discussed and passed therein. This is the due process of law. Following due process of law is basic to parliamentary system. Opposition plays a role in balancing unilateral decisions of treasury benches. Thus there are inbuilt checks and balances.

The Hazare group has brought in a new and extra parliamentary notion of so called 'civil society'. What is civil society. This consists of all citizens of India, including politicians. The civil society members desirous of participating in political affairs or any interfering with working of government should do so within framework of constitution.

It is q question of discussion whether the unlawful activities like fast unto death for any purpose like Lok Pal Bill should be permitted or given sanctity. This is also debatable whether the committee of government representatives and so called civil society is constitutional. Should opposition M.P. not be involved in drafting the Lok Pal bill.

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Fast is a silent method that Gandhi introduced to us.But faasting to death is not advisable.
Fast is a silent method that Gandhi introduced to us.But faasting to death is not advisable.


We cannot compare Gandhi to Hazare. Mahatma Gandhi, Bhagat Singh and Subhash Chandra Bose all fought for independence in their own way. We support all three irrespective of method- violence or non violence.

Gandhi, Subhash and Bhagat singh had no constitutional and parliamentary options. Now we are a sovereign democratic parliamentary nation. Now, we need not follow Gandhian non violence or Bhagat Singh's violence. Now we should tackle all problems within framework of constitution. People are supreme. They exercise their power through ballot. They taught even dictatorial Indira Gandhi a lesson through ballot. Se definitely need not resort to extra constitutional means like those of Hazare. We need neither Gandhian nor Maoist tactics. We need only parliamentary path and use power of ballots.
The poltical leanings of Hazare group are now clearly visible. Hazare has not taken kindly to free expression of views by Congress General Secretary Digvijay singh and Union Minister Kapil sibal. The way Hazare praised Modi and now BJP is supporting Hazare in the name of fighting corruption, it is evident that Hazare group is not so non political.

The basic question is on very survival of our constitution and parliamentary system. How can a group of individuals gather at Jantar Mantar and dictate their terms sidetracking the elected representatives of people. Hazare has contempt for democracy, parliament and consequently for people ofIndia. These are the points our memers and users need consider and debate.

http://ibnlive.in.com/news/cd-row-threatens-to-become-a-bjp-cong-war/149641-37-64.html

http://expressbuzz.com/nation/wrong-to-view-debate-as-allegations-congress/267032.html
I don't know the political leanings of Hazare.But if there is political motivations behind him really it is sorry.
I don't know the political leanings of Hazare.But if there is political motivations behind him really it is sorry.


Anyone who interferes with functions of state is politician whatever way he describes. Drafting of Lok pal Bill is a political function of parliament. Hazare group turned politician the moment they interfered with this job. The next question is of party affiliation. Hazare is described as Gandhian. Gandhian is a political ideology. We cannot say that a Maoist or Marxist is politician and a Gandhian is not. having concluded that Hazare is a politician, we come to party affiliation. The Sangh Pariwar and BJP are supporting Hazare. Congress and Samajvadi party are opposing him. Bhushan, another member of the Jan LOK Pal, was a law minister. How could a non politician be law minister. This clearly shows that Hazare Group has sangh Parwar leanings.

Undoubtedly, Hazare group is political. But they are interfering in politics and being allowed so without any authority of constitution and Law. Any Bill must be debated in parliament and voted there before this becomes an Act. The Bill now being drafted by govt. representatives and Hazare group is currently not valid. This will have to be debated in parliament and voted there with active participation of ruling and opposition M.P.s. Only then this will be valid.
A Public Interest litigation has been filed for Hazare who is guilty of irregularities in a NGO managed by him. Hazare had said that he cannot guarantee of anyone except himself. Obviously, he cannot now guaranteehonesty of even his own NGO.

http://economictimes.indiatimes.com/news/politics/nation/pil-for-hazares-removal-from-drafting-panel-of-lokpal-bill/articleshow/8039159.cms

Allahabad High court has given a notice to Central Government over issue of Lok Pal drafting panel.

http://www.sify.com/news/allahabad-high-court-issues-notice-to-centre-over-lokpal-bill-news-national-leutbcabcga.html

From above, it is obvious that the constitutioanlity of Lok Pal Panel is in doubt as this is constituted not according to parliamentary or laid down procedure but according to whimsical mob behavior instigated by Gandhian blackmail.
Hazare agrees to Judges being kept out of purview of Lok Pal Bill. But Hegde questions this view.

http://www.indianexpress.com/news/lokpal-hazare-wants-judges-kept-out-hegde-asks-why/781373/
Fater and son Bhushans are 'civil society members' in The Jan Lok Pal panel. Both are alleged for many irregularities. Do the 'civil society members' deserve treatment different from ordinary citizens. See below for opinion.

http://in.news.yahoo.com/blogs/opinions/case-against-bhushans-050511104.html
The GD of this week is on this subject as this is to be discussed among all Indians.
http://www.boddunan.com/forum/3-contests-a-rewards/116013-group-discussion-contest-27th-april-to-3rd-may-2011.html#116013
As some would like, Jan Lok Pal Bill is nota solution to end corruption. Mostof the problems will remain untackled even after operation of thius bill if passed as an Act by parliament. Unless the causes of corruption are removed, there is no remedy. Kapil sibal is not alone in this thinking.

http://in.reuters.com/article/2011/04/28/idINIndia-56634220110428
The National Advisory council unveils an anti corruption strategy including appointment of Lok Pal. This does not refer to the Panel including the Hazare team. Probably, this panel will be bypassed.


http://www.indianexpress.com/news/NAC-unveils-a-sweeping-anti-corruption-strategy/783290/
Instead of seriously indulging in drafting of the Lok Pal Bill, team Hazare is conducting nation wide rallies. On the other hand, the 'official' members held seperate meeting to work out strategy. Obviously, the whole committee consisting of UPA and so called civil society is not only extra constitutional but also futile and a hoax.

http://ibnlive.in.com/news/nationwide-rally-held-in-support-of-lokpal-bill/150942-3.html?from=hp

http://www.indianexpress.com/news/Govt-holds-strategy-session-ahead-of-Lokpal-panel-meet/784411/
What team Hazare is doing is filling in the media.Poor people looking stunned on all these.
What team Hazare is doing is filling in the media.Poor people looking stunned on all these.


I agree. Team Hazare is given extraordinary media coverage. This is because of nexus between team hazare and UPA, who wish to divert public gaze from 2g and Commonwealth game scams. Secondly, team also includes Film celebrities like Anupam Khere, Magsaysay award winner Kiran Bedi etc. This also gives unprecedented publicity.
So a Lokpal bill team fighting against corruption is hiding the recent scams ????
So a Lokpal bill team fighting against corruption is hiding the recent scams ????


The real fight against corruption and scams like CWG and 2G scams has taken back seat and the fight for Lok Pal Bill drafting has become more prominent and is being highlighted by media totally ignoring various real scams and issues. This has benefited ruling UPA. The opposition role in exposing corruption in various scams became secondary and the Hazare team got all importance for the only role of drafting Lok Pal Bill.
Always there will be some issue to divert the attention of people from such things.
LOk Pal enthusiastic Anna Hazare and others are operating in the misconceived notion that corruption in government organization is main source of corruption. The author in the link below very effectively explains how many more soucrs of power like NGOs, various other organizations, quasi judicial authorities, business and above all the market economy have given to many unfair activities that are not defined as corruption. How Lok Pal will restrict these is the main issue. The Hazare team is watering the leaves instead of roots.

http://www.dnaindia.com/india/comment_is-lokpal-an-effective-answer_1546771
The Goverment members and 'civil society' differ on quantim of punishment, constitution of Lok Pal and other matters.

http://economictimes.indiatimes.com/news/politics/nation/govt-disagrees-on-judicial-powers-of-lokpal-drafting-of-bill-begins/articleshow/8543228.cms

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Created Tuesday, 19 April 2011 10:17
Last Updated Tuesday, 30 November -0001 00:00
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