Please add Transparent Complaint/Feedback Sending clauses and

`Right to Recall Lokpal by Citizens`clauses and Jury system in Lokpal in the 4 Lokpal Bills

 

Vande Mataram.

FAQs on draft and Lokpal movement, and they are in www.righttorecall.info/004.pdf .

 

1) I request all to send mail/e-mail the  following to Standing Committee

To: k p <kpsingh@sansad.nic.in>

Cc: cpers@sansad.nic.in

 

 Shri KP Singh, Director, Rajya Sabha Secretariat,

201, Second Floor, Parliament House Annexe,

New Delhi-110001.

--------------

Respected Standing Committee Chairman,

Respected Shri Annaji (and colleagues),

Respected Shri Sheshanji

Respected Shrimati Aruna Royji

Respected all MPs of India

and respected all non-80G-activists and commons of India,

 

I have 4 requests

1. Pls let public see suggestions posted on website of the Draft Committee.

2. Pls add clauses in Lokpal bill which ensures that a citizen can put his affidavit on Lokpal’s website, and any

citizen can add his name to affidavits to show support.

3. Pls add Right to Recall Lokpal clauses today and not in next life time. Without Right to Recall Lokpal, a Jan

Lokpal may become a Dhan Lokpal. So 1 out of 10 Lokpals should be replaceable by us citizens.

4 . Inquiry by Jury system inside Lokpal

Regards, ________________________ (name)

2) The 3 Transparent Complaint/Feedback Filing clauses

Following is the addition is propose in Lokpal bill to create transparency in complain/feedback filing.

Section-NN : Transparent Complaint/Feedback Filing

 

Clause no.-( Officer)

[Instruction]

Clause no.1-( Instruction to Collector (or Executive Magistrate he designates)

 

The President hereby orders Collector that : if a woman voter or dalit voter or senior

citizen voter or poor voter or farmer voter or ANY citizen-voter in his district submits a

complaint to Lokpal to the Collector (or his designated Executive Magistrate) and

requests to be put on the website of Lokpal, the Collector or his designated Executive

Magistrate will issue a serial number and put that affidavit on the website of Lokpal for

Rs 20 per page. The affidavit must be made before Executive Magistrate on stamp

paper of Rs 20 and signed by two witnesses. The complainer and witnesses must have

voter-IDs with them.

Clause no. 2-( Instruction to Talati,Patwari,Village Officer (or his clerk))

 

The President orders Patwari that :

(2.1) if a woman voter or a dalit voter or a senior citizen voter or a poor voter or a farmer

voter or ANY citizen-voter comes with voter ID, and specifies YES-NO on a

complaint submitted on Lokpal’s website, the Patwari will enter his YES-NO on

the Lokpal’s website along with his voter-ID and give a printed receipt for Rs 3 fee.

(2.2) The Patwari will also allow citizen to change his Yes-No for Rs 3 fee.

(2.3) The fee will be Re 1 for BPL card holder

 

Clause no. 3-( To all Citizens,Lokpal)

 

This section is for transparent complain filing only. It is not a referendum procedure.

The Yes-No count will not be a binding on Lokpal etc. However, if over “a certain

number” of women voters, dalit voters, senior citizen voters, poor voters, farmer voters

or ANY certain number of citizen-voters register YES on a given affidavit, then the

Lokpal may or need not take necessary action in two months. Or the Lokpal may resign.

The “certain number” will be decided by Lokpal. Lokpal’s decision on this will be final.

And all citizens are requested to note that this procedure can be also used to send feedback to

Lokpal Selection Committee . 

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This transparent complaint procedure will ensure that the citizens` complaint  is VISIBLE and VERIFIABLE by anyone, anywhere and anytime so that the complaint cannot be suppressed by the politicians, officials(lokpal etc), judges or media.

 

This will ensure that if the JanLokpal 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.
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Question : Can a person purchase voters in above procedure?

Answer : NO. Why? Pls see (2.2) . Say a wealthy man pays Rs 100 to say 1 crore voters and asks the to register

YES. And as per clause-2.2, the voter can change his YES next day. Now even if 1000 richest men pool all the

money they have, they cant give Rs 100 everyday. Hence YES-buying is not possible in above Transparent

Feedback Filing. For more FAQs, pls see www.righttorecall.info/004.pdf

Question : What is importance of clause-2?

Answer : Consider section-26.3 of Lokpal bill which says complaint against Lokpal’s employee’s will be put on

the Lokpal’s website. Now what if 100,000 citizens have same complaint? Should all send copies complaint to

Lokpal? That will simply clutter the Lokpal’s office. And what if 1 cr people have same complaint against

Lokpal? Should all be asked to personally visit Lokpal’s office? Or Collector’s offices to submit complaints?

This will only create law-order problems. The clause-2 simplifies the problem –--- a few persons can submit the

complaint and rest can visit Talati’s office and add their names in a peaceful way.

For FAQs, pls see www.righttorecall.info/004.pdf

3) Right to Recall Lokpal by Citizens clauses Make one out of 10 Lokpals recallable by citizens

Say you own a factory and have 100 employees and Govt makes a law that you cant expel or even

suspend any of the 100 employees for next 5 to 25 years without approval of High Court judges. Then will the

level of indiscipline increase or decrease? Well, we citizens are appointing 10 Lokpals and the draft insists that

we citizens can expel even one of them without approval of Supreme Court judges !! IMO, such unrecallable

Lokpals will become a liability of us commons.

So my suggestion is that at least one out of 10 Lokpals should be recallable by citizens, if not all 10.

Many in civil society believe that we commons will appoint only dishonest person. Well, in that case, only 1 out

of 10 will be dishonest. The rest will be appointed by Search and Selection Committees and so they will all

honest. So just one dishonest person wont be able to do much harm. So why is the opposition to Right to Recall

even one out of 10 Lokpals?

Section-NN : Citizen’s Right to Recall, Reject, Retain Lokpal

 

Clause no.-( Officer)

[Instruction]

Clause no.1-

The word citizen would mean a registered voter. This procedure will apply only for one member of Lokpal called as Citizens’ Appointee. Initially, he will be appointed by the Lokpal Section Committee. And the word “may” in this section means “may or need not” and does not mean binding in any way.

 

Clause no.2-( Instruction to Collector)

The President orders Collectors that if any citizen of India above age of 40 wishes to

become a member in Lokpal Committee as Citizens’ Appointee, and he appears in

person before the District Collector, DC would accept his candidacy for Lokpal member

after taking filing fee same as deposit amount for MP election. The Collector will post

his name and serial number on Lokpal’s website. No symbol will be issued.

 

Clause no.3-( Instruction to Talati or Patwari)

If a citizen of that district comes in person to Talati’s office, pays Rs 3 fee , and approves

at most five persons for the Citizens`Appointee  position, the Talati would enter his approvals in his

computer and would him a receipt with his voter-id#, date/time and the persons he

approved. The fee for BPL card holder will be Re 1.

 

Clause no.4-(Instruction to Patwari)

The Patwari or Talati will put the approvals of the citizen on Lokpal’s website with

citizen’s voter-ID number and approvals he gave.

 

Clause no.5-( Instruction to Patwari)

If a the citizen comes to cancel his Approvals, the Talati will cancel one of more of his

approvals without any fee.

 

Clause no.6-(Instruction to Lokpal)

On every 5th of month, the Lokpal Chairperson may publish Approval counts for each

candidate as on last date of the previous month.

 

Clause no.7-(Instruction to Lokpal Selection Committee)

If a candidate gets approval of over 24 crore voters, and it is also 1 cr more than the

approval count of existing Citizens’ Appointee, then Selection Committee may request

existing Citizen’s Appointee to resign and appoint the most approved candidate as

Citizens’ Appointee as a Lokpal. The Selection Committee may decrease or increase the

threshold from 24 crores to any number between 12 crore and 36 crore.

 

Clause no.8-(Right to Retain Lokpal)

The citizens may use this procedure to retain, or bring back, a Lokpal member was

expelled but citizens wanted him to continue. Hence this section may also be referred as

Right to Retain Lokpal.


 

Clause no.9-(Right to Reject Lokpal )

If a citizen comes to Patwari’s office and gives name of a Citizens` Appointee Lokpal Committee Member

and wants to register NO against him, the Patwari will enter his name, voter number and

candidate number and give him receipt for Rs 3 fee. If over 24 crore citizens register NO

on a Lokpal Member, then Selection Committee may request him to resign from the

Lokpal Committee.

 

Clause no.10-(Instruction to Collector )

If any citizen wants a change in this law, he may submit an affidavit at DC’s office and

DC or his clerk will post the affidavit on the website of Lokpal for a fee of Rs 20/- per

page.

 

Clause no.11-( Instruction for Talati or Patwari )

If any citizens want to register his opposition to this law or any section or wants to

register YES-NO to any affidavit submitted in above clause, and he comes to Talati’s

office with voter-ID and pays Rs 3 fee, Talati will enter YES/NO and give him a receipt.

The YES-NO will be posted on the website of the Lokpal.

---------------------------------

The selection committee appoints 10 Lokpals and the above proposed addition would make 1 of ten replaceable

by citizens. A similar procedure in which citizens can register NO can be used as Right to Reject Lokpal.

Question : Can a person purchase voters in above procedure?

Answer : NO. Why? Say a wealthy man pays Rs 100 to say 24 crore voters and asks them to approve a

candidate. Then as per clause-5, the voter can change his approval next day. Now even if 1000 richest men pool

all the money they have, they cant give Rs 100 everyday. Hence approval-buying is not possible in above Right

to Recall procedure.

Question : Will crores of citizens approve a Lokpal candidate?

Answer : Depends on how bad Lokpals are and how good alternative is. Some 60% to 75% citizens do vote in

Loksabha and Assembly elections, even though they have no hopes in any of the alternatives. This shows that

citizens do take initiatives to bring change. So if alternate candidate is promising and existing Lokpals are

corrupt, then citizens will take initiatives to bring changes.

Question : RTR should be confined to educated countries like USA and not used in India

Answer : USA has better education because citizens have Right to Recall District Education Officer !! We dont

have RTR-DEO and so because of corruption education, funds vanish and so most citizens are still uneducated.

When RTR procedures were introduced in America in 1830s , the education level was very low and inceased only with RTR-DEO and other RTR procedures.

Also, the website of India Against Corruption cites Hong Kong as example for Lokpal. If Hong Kong is a valid

example, then analogy with USA should not be denied prima-facie.

4 ) Jury System in Lokpal

 

Section-NN : Inquiry by Jury inside Lokpal

 

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(1.1) The word citizen would mean a registered voter.

(1.2) The word “may” in this section means “may or need not” and does not

mean any legal or moral binding in any way.

 

2. (Instruction to Lokpal)

When Lokpal or his officer has filed a charge under the Lokpal act, the Lokpal

may order an Inquiry by Jury before filing the case in the court. The decision of Lokpal will be final

 

3. (Instruction to Lokpal)

In the Inquiry by Jury, the Lokpal will select 15 to 80 citizens at random from

district/state or entire India, and will allow the accused to filter out about 20%

after 1 hour interview with each one of them so that finally there is a Jury of 12

to 64. The Lokpal may work out the norm to decide the size of the Jury and the

area from which the Jurors are selected from. The size of Jury may depend on the

seriousness of the crime and may also depend on the position of the accused in

the administration.

 

4. (Instruction to Inquiry Officer)

The Inquiry Officer will allow accused and accusers to speak for 1 hour each

alternately for at least 3 days. If over 50% Jurors demand further hearing, then

hearings will go on till over 50% Jurors demand end of hearing,

 

5. (Instruction to Inquiry Officer)

The Lokpals may file charges as approved by at 75% of the Jurors. If over 25%

of Jurors acquit the officer, Lokpal may not file any charges. The decision of

Lokpal will be final.

 

5) More on Transparent Complain/Feedback sending clauses

In year 2004, I had suggested to many activists that we must add transparent complaint filing in the then

proposed RTI Act. IOW, add a clause in RTI that if the applicant wants, his complaint should come on the

website of Lokpal and concerned citizens can add their names by visiting Talati’s office. The response I got was

: lets have RTI2 without transparent complaint filing system now, and we will add transparent complaint filing

clauses later”. Six years have passed, but we don’t see later”. So this time, I request all citizens to ensure that

the clauses are added before Aug-15 deadline and not later. Again, my request to all is not to support my clauses,

but to propose BETTER clauses before Aug-15 deadline. I oppose the argument that procedural details should

come in next lifetime. IMO all procedural details should be settled before Aug-15 deadlines.

The Lokpal bill says that citizens can send feedback to Search and Selection

Committees. But no procedures have been laid out. Say 1 lakh or 50 lakh or 20 cr citizens want to send

feedback. Sending feedback by emails is non-option because many can send 1000s of fake emails. Sending

letters is also non-option because selection committee and search committee will never get time to open even 1

lakh letters. And letters can be destroyed before they reach selection committee members or if selection

committee members are corrupt, they may say that they never received the feedback. So the proposal that a

citizen can submit affidavit (with his suggestions) at Collector’s office and Collector scans and uploads on

Lokpal’s website is best of all possible ways I could think of. Nevertheless, if one thinks that a better way is

possible, I request him to enumerate the clauses before Aug-15 deadline and not wait for next lifetime.

The 2nd clause that citizens should be allowed to add his YES-NO on a complaint submitted at Talati’s

office is useful when 1000s or lakhs or crores of citizens have same complaint. They all don’t need to send

same complaints. Removing clause-2 will only sabotage the system.

6) More on Right to Recall Lokpal by Citizens, and Right to Recall PM, Right to Recall judges etc.

RTR is not a foreign concept. Satyarth Prakash says that “Raajaa must be Praja-aadheen or else he will

rob citizens and thus ruin the nation”. Dayanand Saraswatijee has taken the verses from Atharvaved. So RTR is

not an American or foreign concept --- it is very much Indian.

Citizens in USA have right to recall police commissioner and that’s the only reason why corruption in

USA policemen is low. Likewise, citizens in USA also have right to recall High Court Chief judge and District

judges that the main reason why cases go fast and corruption in USA’s lower court is low. The citizens in USA

have right to recall over Governor, MLAs, District Education Office, Mayor, District/State Public Prosecutors

etc. One may note that USA does not any Ombudsman (aka Lokpal) and despite this USA has low corruption in

most departments in State/Districts due to Right to Recall at State/District levels. Same USA has very high level

of corruption in Senators and Federal Officers because they do not have right to recall Senators and Federal

Officers.

In year 2004, I had suggested that we must put Right to Recall Information Commissioner clauses in

RTI Act -- otherwise, most RTI Commissioners will become corrupt and inefficient and RTI applicants will be

running from pillar to post. But again, the response I got is that we must focus on unity, we must support RTI

without Right to Recall and we must oppose Right to Recall Information Commissioner now and support RTR

on Information Commissioner later. What is this “later? Next life time? IMO, this time, we must demand

RTR Lokpal clauses in the draft before Aug-15 deadline and not now. I don’t request or insist anyone to support

my propose RTR-Lokpal clauses. But I request and insist to all to propose clauses better than RTR-Lokpal

clauses I have proposed.

Some persons have insisted that they support Right to Recall, but they oppose discussion to add RTR-

Lokpal clauses in Lokpal bill in this lifetime. They insist that RTR must come from Sarpanch to upwards. I

wonder why they don’t insist on Lokpal bust at Gram Level and then at Tahsil level and the District, State level

and then at National level? Why demand Lokpal at Central Level first?

Saying that RTR should be at Sarpanch level and not at Central/State level is like saying that “here, take

this one rupee coin and forget about Rs 100 note, Rs 500 note and Rs 1000 note !! And also, saying that RTR

should be at Sarpanch level today and RTR-PM, RTR Supreme Court Chief judge, RTR Lokpal should later” ,

later can mean next life time,

In absence of right to recall, a person in power degenerates as if there is no bottom. Eg recently,

Honorable Supreme Court Chief Justice Khare gave bail to a Swiss multi-millionaire who had raped

three eight year old girls and video taped it !! Honorable Justice Khare gave that bail despite video tape

evidence and lower court conviction !! Such judgments come only because we citizens don’t have right to recall

Supreme Court Chief Justice. Same way, if we citizens don’t have right to recall Lokpals, Lokpals too will

become corrupt/nepotic like Honorable Supreme Court Justices.

As a second last statement, I would re-state the analogy I gave before. Say you have a factory with 100

laborers or highly educated managers, and say Govt makes a law that you cant expel any worker for next 5 to 25

years. Then will the level of indiscipline increase or decrease? Same way, if citizens don’t have right to recall

Lokpal, then most Lokpals will act like these 100 laborers only.

 

Many activist-leaders will tell you that “take poison now, medicine in next life time” i.e. they will insist that Lokpal bill must pass with NO RTR-Lokpal clauses today and in next life time, they promise take up a struggle for RTR-Lokpal clauses. I request you to ask them to not to wait till next life time.

 

Jai Hind.

 

(The answers to FAQs on proposed additions is given in www.righttorecall.info/004.pdf )

 

 

 

 

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