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  #10  
06-14-2011
mohinish
Junior Member
 
: Jun 2011
: Patna
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@Anurag & Ganeshan : This issue has already been addressed by the civil society representatives.According to them,the Lokpal should be a multi-member body that will exercise some quasi- judicial powers but will have the authority to delegate its quasi- judicial powers to a hierarchy of subordinate offices (like CBDT, CBEC etc.) unlike the government's definition according to which Lokpal should be a multi-member body that will exercise all quasi- judicial powers with the members sitting together or in benches (like the Supreme Court or High Court).By carefully examining the delicate differences in these definitions(I have provided examples below taken verbatim from this site from this link : http://news.indiaagainstcorruption.org/?p=2897) one could easily come to the conclusion that the govt. is having malafide intentions.

What should be the definition of ‘Lokpal’?
a. Lokpal should be a multi-member body that will exercise all quasi- judicial powers with the members sitting together or in benches (like the Supreme Court or High Court)
This approach implies that Lokpal will be a group of individuals who will decide on practically all cases. The downside to this approach is that the Lokpal will be flooded and overwhelmed in a backlog of cases in no time. This is the model preferred by the Government because it is certain to be ineffective. The government can claim victory for the bill and at the same time achieve an ineffective Lokpal.
b. Lokpal should be a multi-member body that will exercise some quasi- judicial powers but will have the authority to delegate its quasi- judicial powers to a hierarchy of subordinate offices (like CBDT, CBEC etc.)
This is a two level model where the Lokpal will take up high-profile cases (determined by the amount of money involved in the corruption case or by the rank of the accused) while for all other cases the Lokpal will delegate authority to subordinate officers to handle cases. This approach is easily the most efficient. This is the model recommended by IAC simply because it is the most efficient and likely to have the best impact.
c. Lokpal should be a multi-member body that will exercise supervisory powers over several tiers of officers who will exercise quasi- judicial powers.
In this model the Lokpal only has supervisory powers while the tiers of officers have the power to handle all cases. The downside to this model is that the Lokpal will be weak because it does not have quasi-judicial powers while the bulk of the authority will lie with the officers. It is a mystery as to why this model is even proposed because no one has really supported this model.