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This is an archive article published on June 1, 2011

Pranab sends questionnaire to CMs,parties on Lokpal draft

Chief ministers and leaders of political parties,in the next week,will have to give their responses to a set of six questions with multiple choice answers.

Chief ministers and leaders of political parties,in the next week,will have to give their responses to a set of six questions with multiple choice answers that will lay the ground for further discussion on contentious issues relating to the Lokpal Bill that could not be resolved within the joint drafting committee (JDC).

Should there be one single Act providing for both the Lokpal in the Centre and the Lokayukta in the state? Respondents can either tick Yes or No,says the questionnaire sent by the JDC chairman and Finance Minister Pranab Mukherjee.

The second question deals with the issue of whether the Prime Minister should be brought under the ambit of Lokpal. There are three choices given — besides a Yes or a No,the third option is a Yes,but with certain areas excluded.

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Similarly,the third question is on the inclusion of judges of the high court and the Supreme Court within the ambit of the Lokpal. Besides responses in the affirmative and the negative,the third choice is for a No but with the suggestion that provisions to investigate misconduct of judges should be included in the proposed Judicial Accountability and Standards Bill that is under consideration of Parliament.

The fourth and fifth questions deal with the issue of whether conduct of MPs inside Parliament (when they are either speaking or voting) should be brought under the purview of the Lokpal and whether it should also be given powers to enquire against and dismiss/remove members of the civil service of the union or an all India service officer. The questionnaire,interestingly,gives the ground for rejection saying that article 105(2) of the Constitution insulates MPs from such inquiries and article 311 and article 320(3) govern dismissal and removal of service officers.

Should the respondents favour that the Lokpal be given such powers,it suggests that the Constitution will have to be amended suitably.

The last question is on the definition of Lokpal and whether only the multi-member body should be given quasi-judicial powers like members of an SC or HC bench or whether the Lokpal should be given the authority to delegate the powers to hierarchy of subordinate members as well as offices under it.

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All respondents are to send their replies by June 6,when the joint drafting committee has its next meeting,the government said on Tuesday.

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