PIL for Citizen Charter in every department.

IN THE HIGH COURT OF DELHI AT NEW DELHI

WRIT PETITION (C) NO ……OF 2016

(IN THE MATTER OF A PUBLIC INTEREST LITIGATION)

IN THE MATTER OF:
Ashwini Kumar Upadhyay            …Petitioner
Verses
Union of India & Another            ...Respondents

INDEX
S.No.     PARTICULARS                            PAGES
1.    Urgent Application                            A
2.    Notice of Motion                                   B
3.    Memo of Parties                            C
4.    Synopsis    and List of Dates                    D-I  
5.    Writ Petition and Affidavit                    1-41
6.     Annexure: P-1                            42-100
United Nations Convention Against Corruption
7.    Annexure: P-2: News published in ‘Hindu’ as:      101
    ‘India ratifies UN Convention Against Corruption’
8.    Annexure: P-3: News published in ‘Hindu’ as:     102
    ‘Prime Minister appeals to Hazare to end fast’
9.    Annexure: P-4: News published in ‘Hindu’ as:    103
‘Parliament adopt Sense of the House Resolution’  
10.    Annexure: P-5: News published in ‘Hindu’ as:    104
    ‘Cabinet to consider Sense of the House Resolution’
11.    Annexure: P-6                          105-150
Right of Citizens for Time Bound Delivery of Goods & Services and Redressal of their Grievances Bill-2011
12.    Annexure: P-7                          151-170
The Uttarakhand Lokayukta Act-2011
13.    Annexure: P-8                          171-196
    The Lokpal and Lokayukta Act 2013
14.    Vakalatnama                            197
       IN THE HIGH COURT OF DELHI AT NEW DELHI
       WRIT PETITION (C) NO ……OF 2016
   (IN THE MATTER OF A PUBLIC INTEREST LITIGATION)
IN THE MATTER OF:
Ashwini Kumar Upadhyay            …Petitioner
Verses
Union of India & Another            ...Respondents


URGENT APPLICATION
To,
The Registrar,
High Court of Delhi at New Delhi,
Sir,

Kindly treat the accompanying application as an urgent one in accordance with the High Court Rules and Orders.
Petitioner is filing this writ petition under Article 226 of the Constitution of India. Matter is urgent in larger public interest as prayed.


PETITIONER
THROUGH
(R.D.Upadhyay)
     Advocate-on-Record
Registration Code No-0589
15, New Lawyers Chambers
Supreme Court, New Delhi-1
011-23070343, 9891050515
   IN THE HIGH COURT OF DELHI AT NEW DELHI
       WRIT PETITION (C) NO ……OF 2016
   (IN THE MATTER OF A PUBLIC INTEREST LITIGATION)
IN THE MATTER OF:
Ashwini Kumar Upadhyay            …Petitioner
Verses
Union of India & Another            ...Respondents
NOTICE OF MOTION
To,
The Standing Council
Union of India,
High Court of Delhi, New Delhi,
Sir,
Please find enclosed herewith 3 copies of above mentioned Writ Petition, which is being filed today before this Hon’ble Court and likely to be listed before the Hon’ble Court on____________ or any other date fixed by the registry.
It’s for your information and necessary action.

                                            PETITIONER
THROUGH
(R.D.Upadhyay)
     Advocate-on-Record
Registration Code No-0589
15, New Lawyers Chambers
Supreme Court, New Delhi-1
011-23070343, 9891050515
     IN THE HIGH COURT OF DELHI AT NEW DELHI
       WRIT PETITION (C) NO ……OF 2016
   (IN THE MATTER OF A PUBLIC INTEREST LITIGATION)
IN THE MATTER OF:
Ashwini Kumar Upadhyay            …Petitioner
Verses
Union of India & Another            ...Respondents
MEMO OF PARTIES
Ashwini Kumar Upadhyay
S/o Sh. Suresh Chandra Upadhyay
Office: 15, M.C. Setalvad Chambers Block
Supreme Court of India, New Delhi-110001
Residence: G-284, Govindpuram, Ghaziabad-201013                                            …Petitioner
                    Verses
Union of India
Through the Secretary,
Ministry of Law and Justice
Shastri Bhawan, New Delhi-01             Respondent-1
Union of India
Through the Secretary,
Ministry of Parliamentary Affairs,
Parliament House, New Delhi-01             Respondent-2
                       

PETITIONER
THROUGH
(R.D.Upadhyay)
     Advocate-on-Record
Registration Code No-0589
15, New Lawyers Chambers
Supreme Court, New Delhi-1
011-23070343, 9891050515
     IN THE HIGH COURT OF DELHI AT NEW DELHI
       WRIT PETITION (C) NO ……OF 2016
   (IN THE MATTER OF A PUBLIC INTEREST LITIGATION)
IN THE MATTER OF:
Ashwini Kumar Upadhyay            …Petitioner
Verses
Union of India & Another            ...Respondents
SYNOPSIS
Petitioner is filing this writ petition for implementation United Nation Convention Against Corruption(31-10-2003) and to provide a Citizen Charter in every department to ensure time bound delivery of goods and services and redressal of citizen’s grievances in a time bound manner. A ‘Sense of the House’ resolution was unanimously adopted by the Parliament in this regard on 27-08-2011. It reads: “This House agrees in principle on following issues: (i) Citizen Charter (ii) Lower bureaucracy under Lokpal through an appropriate mechanism, and (iii) Establishment of Lokayukta in the States; And further resolves to forward the proceedings of the House to the Standing Committee on Law and Justice while finalizing its report”. Hon’ble Sh. Pranav Mukherjee, the then Finance Minister, Sh. Arun Jaitely and Smt. Sushma Swaraj, the then Leader of the Opposition in Rajya Sahba and Lok Sabha respectively, Sh. Manmohan Singh, the then Prime Minister and all the Members of the Parliament unanimously endorsed ‘Sense of the House’ Resolution by thumping of desks. After the Resolution, Hon’ble PM Sh. Manmohan Singh said: “Parliament has spoken. The ‘Will of Parliament’ is the ‘Will of the people’.”
Setting tone for the debate, Hon’ble Sh. Mukherjee, said: “It is our responsibility to abide by the Constitution so that there is no conflict with the desire of our masters, the People of India. Our Constitution is flexible enough to accommodate various ideas. It can accommodate various thoughts. None of us can say that rising corruption issue is not important. Person continued on fast on corruption issue in old age and risked his life. I accept that the Lokpal Bill could not be passed for 40 years despite legislations in this regard being introduced eight times. This is lapse of governments. Therefore, if somebody is making agitation, sitting on fast, demanding participation in consultations, we should take it positively. The country is at crossroad. I request all of you to give serious and considered view on the important and genuine issues raised by Sh. Anna Hazare. Let’s seize the moment and demonstrate the commitment in dealing with corruption, which is gnawing at the vitals of our polity”. Smt. Sushma Swaraj said: “History has given us an opportunity, which we should not miss. Let us not get into technicalities. We should give this country an effective impartial independent and strong Lokpal”. Sh. Arun Jaitley said: “BJP finds considerable merit in Sh. Hazare's three demands, including covering entire bureaucracy and citizen charter for public grievances under Lokpal and setting up Lokayuktas in all the States”.  Winding up the daylong debate, Hon’ble Sh. Mukherjee said; “While a respected Gandhian with massive support is on agitation, it is not always necessary to move in conventional straight jacket way. I do feel that on the basis of the ‘Sense of the House’, we can request Sh. Hazare to end his fast so that the conflict between civil society, Parliament or political parties ends. I am happy the impasse has been resolved”.
Later Union Minister Sh. Vilasrao Deshmukh  handed over a letter from Hon’ble PM Sh. Manmohan Singh and a copy of ‘Sense of the House’ Resolution to  Sh. Anna Hazare, read it publicly in Ramleela Maidan Delhi  and requested him to end his fast unto death.
Preamble to the Constitution is not a mere flourish of words, but is an ideal setup for practices and observances as a matter of law through Constitutional mechanism. The purpose of the Preamble is to clarify who has made the Constitution, what is its source, what is the ultimate sanction behind it; what is the nature of polity, which is sought to be established by the Constitution and what are its Aims and Objectives. Preamble clearly acknowledges, recognizes and proclaims that the Constitution emanates from the ‘People of India’ and not from any external or lesser source and meant for the ‘Welfare of the People’. Hon’ble Sh. Manmohan Singh, the then Prime Minister of India rightly said that ‘Sense of the House Resolution’ dated 27-08-2011 is ‘Will of the People’.
Corruption is a big barrier in achieving the Golden Goals, as set out in Preamble of the Constitution. The Executive must implement the United Nations Convention Against Corruption, which is necessary to curb the corruption. It is constitutional obligation of the Executive to implement United Nations Convention Against Corruption dated 31-10-2003 and ‘Sense of the House Resolution’ dated 27-08-11 in letter and spirit. The Executive should provide a Citizen Charter in every department to ensure time bound delivery of goods and services and redressal of citizen’s grievances in a fixed time limit. A Citizen Charter in every department is necessary to curb the corruption and essential for ‘Welfare of the People’.
IN THE HIGH COURT OF DELHI AT NEW DELHI
       WRIT PETITION (C) NO ……OF 2016
   (PUBLIC INTEREST LITIGATION UNDER THE ARTICLE 226)
IN THE MATTER OF:
Ashwini Kumar Upadhyay            …Petitioner
Verses
Union of India & Another            ...Respondents
LIST OF DATES
31-10-2003:    The UN General Assembly adopted United Nations Convention Against Corruption. Total 178 Countries including the India signed it. It came into effect on 14-12-2005 but Government of India not ratified it.
05-04-2011:    Social Activist Sh. Anna Hazare began fast in Delhi demanding the implementation of Janlokpal Bill, which includes independent impartial, effective and strong Lokpal at Centre and Lokayukta in States; a Citizen Charter to ensure time bound delivery of goods and services and redresaal of citizen’s grievances in time bound manner.
09-04-2011:    Government formed 10 Members Drafting Committee, comprising 05 Members from Government and 05 from civil society. Sh. Pranab Mukherjee, was the Chairman and Sh. Shanti Bhushan was Co-Chairman.
16-04-2011:    Government promised that both version of the Lokpal Bill would be sent for Cabinet consideration if a consensus would not reach. Committee was in disagreement but Cabinet not considered the Janlokpal Bill.
12-05-2011:    After huge public pressure, Government ratified the United Nations Convention Against Corruption dated 31-10-2003.
16-08-2011:    Police detained Sh. Anna Hazare in the early morning before he could start his fast. Thousands of supporters, were also taken into preventative custody.
21-08-2011:    Over 100,000 supporters had thronged Ramlila Maidan, to show their support for Janlokpal Bill. Around 50,000 supporters marched in the streets on Mumbai to support Sh. Hazare. This was reportedly one of the biggest protests in Country.
23-08-2011:     Hon’ble Sh. Manmohan Singh chaired an all-party meeting and wrote a letter to Sh. Hazare stating that he will request Loksabha Speaker to send Janlokpal Bill to the Parliament Standing Committee.
24-0-2011:    Hon’ble Prime Minister said that proposed versions of the both Lokpal bill would be debated in Parliament. All political parties including the BJP, Civil Society members, welcomed the proposal.
27-08-2011:    After an extraordinary daylong debate, Parliament unanimously agreed on all 03 demands raised by Sh. Hazare and adopted ‘Sense of the House Resolution’. Hon’ble PM said: “Parliament has spoken; the ‘Will of Parliament’ is the ‘Will of People’.”
16-12-2011:    Union Cabinet took into consideration the   ‘Sense of the House’ Resolution, besides taking into account the different viewpoints of political parties on modalities of inclusion of the PM in the Lokpal Bill and the scope of the Lokpal over CBI and CVC.
19-12-2011:  Union Government introduced “The Right of Citizens for Time Bound Delivery of Goods and Services and Redressal of their Grievences Bill-2011 in the Parliament. It makes mandatory for every authority or department to publish a Citizen Charter to address grievances within 30 days.
01-01-2014:    Lokpal and Lokayukta Bill 2013 received assent from Hon’ble President and came into force from 16-01-2014. It was tabled in the Loksabha on 22-12-2011 and was passed on 27-12-2011 and then tabled in the Rajyasabha on 29-12-2011. It was referred to a select committee of Rajysabha on 21-05-12. It was passed in Rajyasabha on 17-12-2013 and next day in Loksabha.
16-05-2016:    India ranked 76th in Corruption Perceptions Index of the Transparency International. Implementation of the United Nations Convention Against Corruption 31-10-2003 and Sense of House Resolution 27-08-2011 is necessary to curb the corruption but Executive failed to discharge this duty, hence this writ petition, totally bona-fide and purely in larger public interest.
IN THE HIGH COURT OF DELHI AT NEW DELHI
       WRIT PETITION (C) NO ……OF 2016
   (PUBLIC INTEREST LITIGATION UNDER THE ARTICLE 226)
IN THE MATTER OF:
Ashwini Kumar Upadhyay            …Petitioner
Verses
Union of India & Another            ...Respondents
To,
THE HON’BLE CHIEF JUSTICE
AND LORDSHIP’S COMPANION JUSTICES
OF THE HON’BLE HIGH COURT OF DELHI
THE HUMBLE PETITION OF ABOVE-NAMED PETITIONER
MOST RESPECTFULLY SHOWETH:
That the petition is not guided by self-gain or for gain of any other person / institution / body and there is no motive other than of larger public interest in filing this writ petition.
That the source of averments made in the present writ petition is personal knowledge and information collected from various sources including newspapers and government website. This petition is related to corruption, the greatest menace to our democracy.
The petitioner submits that the present PIL is for the benefit of common-man including the poor/ disabled/widow/old-aged persons, as they are incapable of accessing the Courts themselves.
The petitioner submits that the Union Government is likely to be affected by the Orders sought in the writ petition and which have been impleaded as Respondent. Petitioner submits that to its knowledge, no other persons/bodies/institutions are likely to be affected by the Order sought in the writ petition.
That Petitioner is Law-abiding citizen, an Advocate practicing in Law before this Hon’ble Court and Supreme Court and a Social-Political Activist, contributing his best to the development of the socially and economically down trodden people of the country and ameliorating their condition. Petitioner has been actively associated with social activist Sh. Anna Hazare during the India Against Corruption movement and Founder Member of Aam Aadmi Party. Petitioner is Spokesperson for BJP Delhi but filing this writ petition in his person capacity. Hon’ble Supreme Court has issued notice to Union of India on Petitioner’s PILs for Electoral Reform and Judicial Reform. Petitioner believes that the golden goals, as set out in Preamble of the Constitution cannot be achieved without eradication of corruption. Petitioner firmly believes that implementation of United Nations Convention Against Corruption and ‘Sense of the House’ Resolution dated 27-08-2011 is essential to curb the corruption. A Citizen Charter in every department is essential to ensure time bound delivery of goods and services and redressal of citizen’s grievances in a fixed time limit. Petitioner has means to pay the cost, if any, imposed by the Court and on an undertaking to the Court in that respect.
That Petitioner is filing this writ petition under the Article 226 for implementation of a Citizen Charter to ensure time bound delivery of goods and services and redressal of citizen’s grievances. ‘Sense of the House’ resolution was unanimously adopted by the Parliament in this regard on 27-08-2011. It reads: “This House agrees in principle on following issues: (i) Citizen Charter (ii) Lower bureaucracy under Lokpal through an appropriate mechanism, and (iii) Establishment of Lokayukta in the States; And further resolves to forward the proceedings of the House to the Standing Committee on Law and Justice while finalizing its report”. Hon’ble Sh. Pranav Mukherjee, the then Finance Minister, Sh. Arun Jaitely and Smt. Sushma Swaraj, the then Leader of the Opposition in Rajya Sahba and Lok Sabha respectively, Sh. Manmohan Singh, the then PM and Members of the Parliament unanimously endorsed ‘Sense of the House’ Resolution. After the Resolution, Hon’ble Prime Minister Sh. Manmohan Singh said: “Parliament has spoken. The ‘Will of Parliament’ is the ‘Will of the people’.” Later Union Minister Sh. Vilasrao Deshmukh met Sh. Hazare with a letter from the Prime Minister and copy of the Resolution, and requested him to break his indefinite fast.
That setting tone for the debate, Hon’ble Sh. Pranav Mukherjee said: “It is our responsibility to abide by the Constitution so that there is no conflict with the desire of our masters, the People of India. The Constitution is flexible enough to accommodate various ideas. It can accommodate various thoughts. None of us can say that the rising corruption issue is not important. The person continued on fast on the corruption issue in old age and risked his life. I accept that the Lokpal Bill could not be passed for 40 years despite legislations in this regard being introduced eight times. This is lapse of governments. Therefore, if somebody is making agitation, sitting on fast, demanding participation in consultations, we should take it positively. The country is at crossroad. I request all of you to give serious and considered view on the important and genuine issues raised by social activist Sh. Anna Hazare. Let’s seize the moment and demonstrate the commitment in dealing with corruption, which is gnawing at the vitals of our polity”. Smt. Sushma Swaraj, the then Leader of the Opposition in Loksabha said: “History has given us an opportunity, which we should not miss. Let us not get into technicalities. We should give this country an effective impartial independent and strong Lokpal”.
That Sh. Arun Jaitley said: “BJP finds considerable merit in Sh. Hazare's three demands, including covering entire bureaucracy and citizen charter for public grievances under Lokpal and setting up Lokayuktas in all the States”.  After an extraordinary daylong debate on the statement made by Hon’ble Sh. Mukherjee, the ‘Sense of the House’ Resolution was unanimously adopted by the Parliament with thumping of desks. Winding up the daylong debate, Hon’ble Sh. Mukherjee said; “While a respected Gandhian with massive support is on agitation, it is not always necessary to move in conventional straight jacket way. I do feel that on the basis of the ‘Sense of the House’, we can request Sh. Hazare to end his fast so that the conflict between civil society, Parliament or political parties ends. I am happy the impasse has been resolved”. Later Union Minister Sh. Vilasrao Deshmukh  handed over a letter from Hon’ble PM and a copy of ‘Sense of the House’ Resolution to  Sh. Hazare  at Ramlila Maidan and read out it publically.  It is duty of the Executive to implement ‘Sense of the House Resolution’ in letter and spirit and provide a Citizen Charter in every department to ensure time bound delivery of goods and services and redressal of citizen’s grievances.
That Preamble is not a mere flourish of words, but is an ideal setup for practices and observances as a matter of law through Constitutional mechanism. The purpose of the Preamble is to clarify who has made the Constitution, what is its source, what is the ultimate sanction behind it; what is the nature of polity, which is sought to be established by the Constitution and what are its Goals and Objectives. Preamble clearly acknowledges, recognizes and proclaims that the Constitution emanates from the ‘People of India’ and not from any external or lesser source and meant for the ‘Welfare of the People’. The Constitution must be read as a whole and in case of doubt; it is interpreted consistent with the basic structure to promote the great objectives stated in the Preamble. ‘Sense of the House Resolution’ is ‘Will of the People’. A Citizen Charter to ensure time bound delivery of goods and services, an effective impartial independent and strong Lokpal at Centre, an effective and strong Lokayukta in States is meant for ‘Welfare of the People’ and Executives should implement it on priority. A Citizen Charter is very necessary to provide time bound delivery of goods and services and for redressal of citizen’s grievances and also essential to curb the corruption.
That in Rangarajan v Jagjivan Ram (1989) 2 SCC 574 (Para 36), Hon’ble Supreme Court said: “The democracy is a government by the People via open discussion. The democratic form of government itself demands its citizens an active and intelligent participation in the affairs of the community. The public discussion with People’s participations is a basic feature and rational process of democracy, which distinguishes it from all other forms of government. The democracy can neither work nor prosper unless People go out to share their views. The truth is that public discussion on issues relating to administration has positive value”. Welfare of the People is the ultimate goal of all Laws, State action and above all the Constitution. They have one common object that is to promote well-being and larger interest of the society as a whole. It is impossible to secure justice and equal opportunity to all citizens, and to promote fraternity; unity and national integration without curbing the corruption. In a vibrant democracy like ours, public discussions and debate on various issues, including corruption is necessary for smooth functioning of healthy democracy. Such discussions bring in awareness, which is required for effective working of democracy.
That in Subramanian Swamy v Manmohan Singh, (2012) 3 SCC 64: AIR 2012 SC 1185, Hon’ble Supreme Court said: “Corruption not only poses a grave danger to concept of constitutional governance, it also threatens the very foundation of the Indian democracy and the Rule of Law. The magnitude of corruption in public life is incompatible with the concept of the Socialist, Secular and Democratic Republic. Where corruption begins all rights end. Corruption devalues human rights, chokes development, and undermines justice, liberty, equality and fraternity, which are the values in Indian Preambular vision. The duty of the Court is that any anti-corruption law has to be interpreted and worked out in such a fashion as to strengthen the fight against corruption. In a situation where two constructions are eminently reasonable, the Court has to accept the one that seeks to eradicate corruption to the one, which seeks to perpetuate it”.  Petitioner states that corruption has become a social disease. It is duty of the Executive to implement ‘Sense of the House’ Resolution in letter and spirit to curb the corruption. A Citizen Charter is necessary to ensure time bound delivery of goods and services and redressal of citizen’s grievances.
That in State of Gujarat v R.A. Mehta, AIR 2013 SC 693: (2013) 3 SCC 1, Hon’ble Supreme Court said: “Corruption threatens constitutional governance and shakes the foundation of democracy and rule of law. Corruption is opposed to democracy and social order as being not only anti-people, but also due to the fact, that it affects the economy of a country and destroys its cultural heritage. It threatens the security of the society, undermines the ethical value and justice and jeopardizes sustainable development. Corruption devalues human rights, chokes development and corrodes the moral fabric of society. It causes considerable damage to the national economy, national interest and image of the country. The very object, the noble and grand vision of the Preamble will be defeated if corruption is not curbed immediately”.
That in Paschim Banga Khet Mazdoor Samiti v State of W.B. (1996) 4 SCC 37: AIR 1996 SC 2426, Hon’ble Supreme Court said: “Failure on the part of the government hospital to provide timely medical treatment to a person in need of such treatment results in violation of his Right to Life guaranteed under Article 21 of the Constitution”.
That in Usha Bharti v State of A.P. AIR 2014 SC 1686, the Apex Court said: “The fundamental aim of the Constitution of India is to give power to the ‘People of India’. Guiding spirit of the Constitution is ‘We the People of India’. In our country People are Supreme, through the Constitution, and not the Elected Representatives and Executive. The provision for Right to Recall through the vote of no confidence is in no manner repugnant to any of the provisions of the Constitution of India”.
That in Bidi Supply v Union of India AIR 1956 SC 479, while explaining the ultimate goal of the Constitution, Hon’ble Supreme Court said: “It is clear that the Constitution is not for the exclusive benefits of Governments and States; it is not only for Lawyers and Politicians and officials and those highly placed. It also exists for the common man, for the poor and humble, for those who have business at stake, for the butcher, the baker and candlestick maker. It lays down for this land ‘Rule of Law’ as understood in the free democracy of the world. It constitutes India into a Sovereign Democratic Republic and guarantees in every page rights and freedom to the individual side by side and consistent with the overriding power of the State to act for common good of all’’.
That corruption is an insidious plague that has a wide range of corrosive effects on society. It undermines democracy and the rule of law, leads to violation of human rights, erodes the quality of life and allows organized crime, terrorism, and other threats to human security to flourish. Corruption hearts the poor disproportionately by diverting funds intended for development, undermining government’s ability to provide basic services, feeding inequality and injustice, discouraging foreign aid and investment. Corruption is a key element in economic underperformance and a major obstacle to poverty alleviation and development. A Citizen Charter in every department will send a clear message that the Government is determined to prevent and control corruption. It will warn the corrupt that betrayal of the public trust will not be tolerated and it will reaffirm the importance of core values such as honesty, respect for the rule of law, accountability and transparency in promoting development and making the nation a better place. ‘Sense of the House’ Resolution is balanced, strong, pragmatic, and offers new framework for effective action against corruption. Government must implement it in order to strengthen the legal and regulatory regimes to fight corruption.
That on 31-10-2003, the United Nation Convention Against Corruption (UNCAC) was adopted by the  General Assembly. Total 178 Countries including the India signed it. UNCAC came into effect on 14-12-2005 but Union Government not ratified it. Copy of United Nation Convention Against Corruption is annexed as Annexure P-1. (Page 42 to 100).
That on 05-04-2011, Social Activist Sh. Anna Hazare began fast at Jantar Mantar Delhi demanding the implementation of Janlokapal Bill, an independent and effective anti-corruption legislation; drafted by the Eminent Jurists, Academicians and Social Activists after wide consultation with prominent citizens. Bill includes a Citizen Charter, a Lokpal at Centre and Lokayukta in States. Government declined the demand to pass Janlokpal Bill but agreed to form a joint drafting committee.
That on 09-04-2011, the Union Government formed a ten Members Joint Drafting Committee, comprising five members from government and five members from civil society. The then Union Finance Minister Sh. Pranab Mukherjee, was Chairman and former Law Minister Sh. Shanti Bhushan was Co-Chairman of Joint Drafting Committee.
That on 12-05-2011, due to huge public pressure, Union Government ratified the United Nation Convention Against Corruption, after six years the UNCAC came into effect. Hon’ble Prime Minister of India Sh. Manmohan Singh said: “The ratification of the United Nations Convention Against Corruption is a reaffirmation of our government’s commitment to fight against corruption and to undertake vigorously administrative and legal reforms to enable our law-enforcement agencies to recover the illicit assets stolen by corrupt practices”. Copy of the said news published in English newspaper ‘Hindu’ on 12-05-2011 is annexed as Annexure P-2. (Page 101)
That on 16-04-2011, the first meeting of the Lokpal Bill Joint Drafting Committee was held in New Delhi. The Union Government agreed for audio-video recording of the committee meetings and to hold public consultations before finalizing the Lokpal Bill and also promised that both version of the Lokpal Bill would be sent to the Union Cabinet for consideration if a consensus would not reach. By mid-June, the joint drafting committee was in disagreement but Union Cabinet did not considered the Janlokpal Bill, drafted by Civil Society Members.
That on 15-08-2011, dissatisfied by the gesture of the Union Government, Sh. Anna Hazare declared that if the Government version of the Lokpal Bill only prevails and Janlokpal Bill is ignored, he would start indefinite fast from 16-08-2011 at Delhi.
That on 16-08-2011, Police detained Sh. Anna Hazare in the early morning before he could start his fast. Thousands of supporters, including many Eminent Citizens, were also taken into preventative custody. However, most of the supporters were released by evening. Sh. Hazare was sent to Tihar Jail. The arrest set off a groundswell of protests across the country and was condemned by many Prominent Academicians, Jurists, Social Activists, Eminent Citizens and Political Leaders. Parliament was unable to conduct business due to uproar on this issue. In Chennai, Mahatma Gandhi’s secretary V. Kalyanam, led the protesters and said: “India will get a sure gold medal if corruption is included as an item in the Olympic Games. We may not be a force in football or athletics or hockey but India is the undisputed global leader in corruption”. Later Sh. Hazare was released from Tihar and Police granted him permission to fast for 15 days at Ramlila Maidan.
On 18-08-2011, the Member of Parliament Sh. Varun Gandhi, announced that he would introduce the Jan Lokpal Bill and Citizen Charter Bill in the Loksabha as a Private Member's Bill, saying that it is better than anything the nation has seen before.
That on 21-08-2015, Over 100,000 supporters had thronged Ramlila Maidan and around 50,000 people marched in the streets of Mumbai to support Sh. Hazare. Youths across the nation came on the road to demand an effective impartial independent and Strong Lokpal at Centre, Lokayukta in States and Citizen Charter to ensure time bound delivery of goods and services. This was reportedly one of the biggest protests in Country after the JP movement.
That on 23-08-2011, Hon’ble PM Sh. Manmohan Singh chaired all-party meeting at his residence. All the senior leaders of opposition parties were present. Meeting ended with Finance Minister Sh. Mukherjee appealing Sh. Hazare to end his indefinite fast. Hon’ble PM wrote a letter to Sh. Hazare stating that he will request Loksabha Speaker to send Janlokpal Bill to Parliament Standing Committee and appealed him to end indefinite fast. Copy of news published in ‘Hindu’ is annexed as Annexure: P-3. (Page 102 )
That on 24-08-2011, Hon’ble Prime Minister Sh. Manmohan Singh said that proposed versions of the Lokpal Bill and JanLokpal Bill would be debated in Parliament. All the political parties including the Bharatiya Janata Party, Sh. Anna Hazare, Civil Society Members, Eminent Citizens across the Country and Media welcomed the proposal.
That on 25-08-2011, Union Cabinet Minister Sh. Vilasrao Deshmukh met Sh. Anna Hazare at Ramlila Maidan and conveyed him the message of Hon’ble Prime Minister Sh. Manmohan Singh, regarding the debate on both version of Lokpal Bill in parliament and requested him to end indefinite fast but Sh. Hazare refused to break his indefinite fast, before the parliamentary  debate on both version of Lokpal Bill.
That on 26-08-2011, Sh. Anna Hazare reminded and requested Hon’ble Prime Minister Sh. Manmohan Singh to start debate on both version of Lokpal Bill in the Parliament. Sh. Hazare also reminded Hon’ble Prime Minister the other two demands – A Citizen Charter Bill to ensure time bound delivery of goods and services, and an effective, independent, impartial and strong Lokayukta in all States with inclusion of lowest to highest bureaucracy under it.
That on 27-08-2011, setting tone for the debate in Loksabha, Sh. Pranav Mukherjee said: “It is our responsibility to abide by the Constitution of India so that there is no conflict with the desire of our masters, the ‘People of India’. The Constitution is flexible enough to accommodate various ideas. It can accommodate various thoughts. None of us can say that the rising corruption issue is not important. The person continued on fast on the corruption issue in old age and risked his life. I accept that the Lokpal Bill could not be passed for 40 years despite legislations in this regard being introduced eight times. This is lapse of governments. Therefore, if somebody is making agitation, sitting on fast, demanding participation in consultations, we should take it positively. The country is at crossroad. I request you to give serious and considered view on the important and genuine issues raised by Sh. Anna Hazare. Let’s seize the moment and demonstrate the commitment in dealing with corruption, which is gnawing at the vitals of our polity”. Leader of the Opposition in the Lok Sabha Smt. Sushma Swaraj, Hon’ble Prime Minister of India Sh. Manmohan Singh, all Cabinet Ministers, Members of Parliament were present in the House.
That Leader of the Opposition in Loksabha Mrs. Sushma Swaraj said: “History has given us an opportunity, which we shouldn’t miss. Let us not get into technicalities. We should give this country an effective strong free fare and impartial Lokpal”. Leader of the Opposition in Rajyasabha Sh. Arun Jaitley said: “BJP finds considerable merit in Hazare's three demands, including covering entire bureaucracy and citizen charter for public grievances under Lokpal and setting up Lokayukta in all States”.
That after daylong debate, Sh. Mukherjee made a statement on ‘Sense of the House’ Resolution: “This House agrees in principle on following issues (i) Citizen Charter (ii) Lower Bureaucracy under Lokpal through an appropriate mechanism and (iii) Establishment of Lokayuktas in all States; And further resolves to forward the proceedings of the House to the Standing Committee on Law and Justice while finalizing its report”. Parliament adopted ‘Sense of the House’ Resolution unanimously with thumping of desks. Hon’ble Prime Minister said: “Parliament has spoken; the will of Parliament is the Will of People”. Copy of the news published in ‘Hindu’ on 27-08-2011 is annexed as Annexure: P-4(Page103)
That on 01-11-2011, the Uttarakhand Assembly unanimously passed the Uttarakhand Lokayukta Bill 2011, similar to the Janlokpal Bill proposed by Sh. Anna Hazare, after a daylong debate. Chief Minister Sh. B.C. Khanduri promised to have the Law implemented within 180 days. Hon’ble Governor Mrs. Margaret Alva approved the Bill on 03-08-2011 and sent the Bill for President’s approval.
That on 02-11-2011, terming the Uttarakhand Lokayukta Bill as ‘Cent per cent’ identical to JanLokpal Bill, Team Anna congratulated the lawmakers for passing a strong Bill and said that Uttarakhand Lokayukta Bill would form the baseline for Centre’s Lokpal Bill. The Uttarakhand Lokayukta Bill-2011 covered the Chief Minister, Ministers, MLAs, Entire Bureaucracy including the retired People Representatives and Public servants.
That on 16-12-2011, Cabinet considered the unanimously adopted ‘Sense of the House’ Resolution, besides taking into account the different viewpoints on inclusion of the PM in the Lokpal Bill and scope of proposed Lokpal over CBI and CVC. Copy of the news published in ‘Hindu’ on 16-12-2011 is annexed as Annexure: P-5 (Page                  )
That on 19-012-2011, the Union Government tabled the Right of Citizens for Time Bound Delivery of Goods and Services and Redressal of their Grievences Bill-2011 in the Parliament. It makes mandatory for every authority or department to publish a citizen’s charter to address the grievances within 30 days. Charter also seeks to make it mandatory for government officials to acknowledge complaints from the public within 02 days of receipt. The Bill seeks to setup a grievance redressal mechanism to tackle graft in lower rank of administration and to cover all schemes and department of the Central Government and provide a platform to State Governments also to implement a similar mechanism for their schemes. The Bill makes it compulsory for every ministry and department to act within 30 days on complaints from the public, failing which an appeal could be filed with a higher authority. This authority has to dispose of the appeal within 30 days. It also seeks to impose penalty on the Grievance Redressal Officer if complaint is not addressed in a stipulated period. Copy of the Right of Citizens for Time Bound Delivery of Goods and Services and Redressal of their Grievances Bill-2011 is annexed as Annexure:P-6 (Page                )
That on 03-09-2013, after thorough scrutiny by the Home Ministry and Law Ministry, Hon’ble President of India Sh. Pranab Mukherjee gave assent to the Uttarakhand Lokayukta Act-2011. It brings the Chief Minister, all Ministers and Legislators and all Government servants, including IAS and IPS officers under the ambit of the Lokayukta. Former Chief Ministers, Former Ministers and Former MLAs and Retired Government Officers and Employees will also be under the purview of the Lokayukta. The Uttarakhand Lokayukta Act-2011 has a provision of punishment up to the life imprisonment. Former CM Sh. B.C. Khanduri, who brought the Bill during his tenure in 2011, thanked the President of India for his approval and urged the Uttarakhand Government to implement it as soon as possible. Mr Khanduri said: “This would set an example for rest of the country”. Petitioner states that the Uttarakhand Lokayukta Act-2011 is the best and most effective Lokayukta Act of the Country for curbing the corruption. The Government of India should pass it as a Model Lokayukta Act so that it becomes a binding upon every State to implement it in a specific time limit. Copy of the Uttarakhand Lokayukta Act 2011 is annexed as Annexure: P-7  Page (                   )
That the Lokpal and Lokayukta Bill 2013 commonly known as the Lokpal Bill was tabled in the Loksabha on 22-12-2011 and was passed by the house on 27-12-2011. It was subsequently tabled in the Rajyasabha on 29-12-2011. After a marathon debate that stretched until midnight of the following day, the vote failed to take place for lack of time. On 21-05-2012, it was referred to a select committee of the Rajysabha for consideration. It was passed in the Rajyasabha on 17-12-2013 after making certain amendments to the earlier Bill and in the Loksabha the next day. It received assent from Hon’ble President on 01-01-2014 and came into force from 16-01-2014. The Bill was introduced in the Parliament following massive public protest led by the Anti-Corruption Crusader Sh. Anna Hazare.  The Bill is one of the most widely discussed and debated Bills in India, both by the media and the ‘People of India’ at large, in recent times. The protest was named among the top 10 news stories of 2011 by the ‘Time’ magazine. The Bill received worldwide media coverage. In 2011, India ranked 95th in the Corruption Perceptions Index of Transparency International. Copy of the Lokpal and Lokayukta Act 2013 is annexed as Annexure: P-8 (Page                 )
That Hon’ble Supreme Court repeatedly said: “Ultimate Goal of the Constitution is ‘Welfare of the People”. The Constitution is organic in nature. Being a living organ, it is ongoing. Hence, with the passage of time, Law must be changed. The Constitution is intended to serve needs of the day when it was enacted and also to meet the needs of changing conditions in new circumstances. In that sense, the words and expressions used in the Constitution have no fixed meaning and must receive an interpretation based on experience of the people in the course of the working of the Constitution. This principle may not apply to Statutes. The Constitution is a permanent document framed by the People and accepted by the People to govern them for all times to come. It is a constitutive document fundamental to governance of the country, whereby, according to accepted political theory, the ‘People of India’ have provided the Constitutional polity consisting of certain primary organs, institutions and functionaries to exercise the powers provided in the Constitution. All powers belong to the People and they entrust these powers in specified institutions and functionaries with the intention of working out, maintaining and operating the Constitutional order.
That the learned author V.N.Shukla in his book Constitution of India has said: “The People of India according to the Preamble have given to themselves the Constitution. The source of Constitution is the ‘People’ who have solemnly resolved to constitute India into a Sovereign Democratic Republic. The ‘People’ will continue to be governed under the Constitution so long as it is acceptable to them and its provisions promote their aims and aspirations. It is true that the Constitution was adopted by the Constituent Assembly, which was not directly elected by the People. But, that does not necessarily mean that the Constituent Assembly, as it came to be constituted, did not project the feelings of the People. The Constitution has been in operation for more than fifty years with a number of general elections from time to time is the evidence of the People having the Constitution in its present form. If, at any stage, People find that the Constitution is not serving the needs of the Indian society, the ‘People’ may, if necessary, set in motion a machinery, which provides for a system suited to the aims and aspirations of the People. It may, therefore, be rightly observed that sovereignty lies with the ‘People of India’.”

That action of State or its instrumentalities must be in conformity with some principles, which meet the test of reason and relevance. Functioning of a democratic form of government demands equality and absence of arbitrariness and discrimination. All powers vested in Executive and Public Authorities are meant to be exercised for public good and for promoting public interest only. Executive and Public authorities are trustees, and have to act fairly and reasonably. The public trust doctrine is part of the Law of the Land. The doctrine has grown from Article 21 of the Constitution. In essence, the action or order of State or State’s instrumentalities would stand vitiated if it lacks bona fide, as it would only be a case of colourable exercise of power. Rule of Law contemplates that all actions should be bona fide and reasonable since that is the foundation of a democratic society. Rule of Law is violated if the instrumentalities of State are not discharging their duties or functions in a fair and just manner. In a ‘Welfare State’ like ours, it is inevitable that every organ of the State under the Constitution is regulated and controlled by Rule of Law. In a ‘Welfare State’ like ours, the ultimate goal of Legislature, Executive and Judiciary is ‘Welfare of the People’ and ‘Rule of Law’.
That Hon’ble Supreme Court has observed thus: “The Preamble, Fundamental Rights and Directive Principles of State Policy are trinity, intended to remove discrimination or disability on the grounds of social justice or gender”. The concept of Rule of Law would lose its validity if the Executive or State instrumentalities are not discharging their functions in a fair and just manner. In that case, the Apex Court held that in the Constitution, Rule of Law pervades over the entire field of administrations and the Rule of Law regulates every organ of the state. Preamble makes the Constitution sublime and it is the guarantees mentioned in the Chapter as fundamental right that make it one of the greatest charters of liberty and of which the ‘People of India’ may well be proud. The charter as not been forced out of unwilling hands of sovereign like the “MAGNA CARTA”, but it has been given to themselves by the people of the country through the Constituent Assembly. The Constitution has a noble and grand vision contained in the Preamble. Though in an ordinary statute, much importance is not attached to the Preamble; all importance has to be attached to the Preamble in a Constitutional Statutes.  Preamble relates to the basic structure of the Constitution.
That from the Preamble, it is clear that the two primary objectives that were before the Constituent Assembly was: (1) to constitute India into Sovereign Democratic Republic and (2) to secure to its citizens the right mentioned therein. It was a plan to build a ‘Welfare State’ and an egalitarian society. Statement in the Preamble that the People of this country conferred the Constitution on themselves is not open to challenge. The Apex Court has accepted the facts, as set out in the Preamble, as correct. Whenever question arise as to whether the Legislature has laid down the policy of a statute, whether in connection with Article 14 or the rule against delegated legislation, the Apex Court has sought to find out the policy from the Preamble. Reading the Preamble and Article 12, 53, 79, 124, 154, 168, 214, 233, 245 and 246 together, the Apex Court said that power of each organ of State can be used only for promotion of constitutional values and vision as written in the Preamble. The broad contours of basic elements or fundamental features of the Constitution are delineated in the Preamble. The end of the Constitution is to grant powers to People; to limit government and to require those who govern to confirm to the mandates of the Constitution.
That Preamble declares ‘People of India’ as the sovereign political body who hold the ultimate power, not the Parliament and Executive. Preamble of the Constitution is of extreme importance and the Constitution should be read and interpreted in the light of the grand and noble vision expressed in the Preamble. Preamble was expressly voted to be part of the Constitution. Intention behind all government actions and purposes is to further the ‘Welfare of the People’ and national interest. Public good is synonymous with protection of the interests of citizens as a territorial limit or nation as a whole. The Constitution makes it imperative for the State to secure to all its citizens the rights guaranteed by the Constitution and where the citizens are not in a position to assert and secure their rights, the State comes into picture and protect and fight for the right of the citizen. The Preamble read with Directive Principles of State Policy, Article 38, 39 and 39A enjoin the State to take up these responsibilities. Preamble of the Constitution promises socio-economic justice, the Fundamental Rights confer certain justiciable socio-economic rights and the Directives Principles fix the socio-economic goals, which the State must strive to attain.
That the prominent jurist Nani Palkiwala explained essence of the Constitution as thus: “Our Constitution is primarily shaped and moulded for the common man. It takes no account of ‘the portly presence of the potentates, goodly in girth’. It is a Constitution not meant for the ruler ‘but the ranker, the tramp of the road, the slave with the sack on his shoulders, pricked on with the goad, the man with too weighty a burden, too wearies a load’.” The Constitution through its Preamble, Fundamental Rights and Directive Principles created a Secular State based on the principles of equality, non-discrimination, striking a balance between the rights of individuals and the duty and the commitment of the State to establish an egalitarian social order. Social, Economic and Political Justice is the goal to the People as per Preamble of the Constitution and Administration of Justice can no longer be merely protector of legal rights, but must be dispenser of social justice. Petitioner states that eradication of corruption is not only necessary to secure Social Economic Political Justice, and Equality of status and of opportunity but also essential to promote Fraternity assuring dignity of individual and the Unity and Integrity of India.
That Hon’ble Supreme Court has pointed out the importance and utility of the Preamble in several decisions. Preamble to the Constitution embodies the fundamental values and the philosophy, on which the Constitution is based, and the aims and objectives, which the founding fathers of the Constitution enjoined the polity to strive to achieve. The Preamble to a written constitution states the objects, which the Constitution seeks to establish and promote and aids the legal interpretation of the Constitution, where the language is found to be ambiguous. Preamble to the Constitution not only indicates the source from which the Constitution derives its authority but also states the objects which the Constitution seeks to establish and promote. The words “We the People of India… adopt, enact and give to ourselves this Constitution” thus, declare the ultimate sovereignty of the ‘People of India’ and that the Constitution rests on their authority. The Preamble declares, therefore, in unequivocal terms that the source of all authority under the Constitution is the ‘People of India’ and that there is no subordination to any external authority. It means the Government by the People and ultimate goal of the Government is Welfare of People and Rule of Law.
That all powers are derived from the People or vesting the sovereignty or the reserved powers in the People. The words “We the People of India” echo the opening words in the Preamble to the Constitution of India and emphasizes the ultimate sovereignty of the People and that the Constitution itself is founded on the authority of the People “who hold the power and conduct the government through representatives.” Preamble indicates the source from which the Constitution comes. The Preamble as expressed is sovereign ‘Will of the People’. The Constitution is a constitutive document fundamental to the governance of the country, whereby, according to accepted political theory, the People of India have provided a Constitutional polity, consisting of certain primary organs institutions and functionaries to exercise the power provided in the Constitution. All powers belong to the People and are interested by them to specify the institutions and functionaries with the intention of working out, maintaining and operating a Constitutional order. The source of the Constitution are the People themselves from whom the Constitution derives its ultimate sanction. There assertion affirms the republican and democratic character of the polity and sovereignty of the People.
That in Kesavananda’s case, Hon’ble Supreme Court observed that the expression ‘We the People’ highlights the promise that all power under the Indian Constitution is derived from the People and the sovereignty rests not in the parliament. Even the constituent body set up under the Article 368 cannot amend the basic structure of the Constitution setup by the People. The ‘People of India’ in the final analysis, are the ultimate sovereign. Sovereignty vests in the ‘People of India’ as articulated in the provisions of the Constitution and the other Laws.
That in Union of India v. Madangopal (1954) SCR 541 (655), Hon’ble Supreme Court observed: “The Constitution of India, as appears from the Preamble, derives its authority from the ‘People of India’, and learned council conceded that it was open to the People to confer on the legislatures established by the Constitution, which they framed through their representatives, power to make laws have operation in relation to periods prior to the commencement of the Constitution”. Thus, it is very clear that People of India constitute the sovereign political body who hold the ultimate power and who conduct the government of the country through their elected representatives.
That in Ram Nandan v State, AIR (1959) All 101: (1958) 28 AWR 796, the Hon’ble Supreme Court said: “By the Constitution of India 1950, India has been constituted a ‘Sovereign Democratic Republic’. The expression means the absolute power vested in the ‘People of India’. Under the Constitution, it is to be exercised by them through their duly elected representatives for ‘Welfare of the People’.”
That the term “Sovereign” is used in the Preamble of Constitution. One has to presume that the Constitution was actually made by the People, by virtue of their political sovereignty, which enable them to create a legally Sovereign Democratic Republic to which they consigned or entrusted, through the Constitution. The use of sovereign power to be exercised, in its different forms, by the three organs of the Government, each acting on behalf of whole People, to serve the objects stated in the Preamble. The reference to the ‘People of India’ is much more than a legal fiction. Sovereignty, as the power of taking ultimate or financial decision on broad politico-legal issues in any proposed changes in the law, becomes divisible. People are not excluded from the exercise of it and participate in operations of the Republic through the organs of the State.
That ultimate goal of the Legislature, Executive and the Judiciary is ‘Welfare of the People’. Eradication of corruption is necessary to secure Socio-Economic Justice, Equality of status and of opportunity and to promote Fraternity assuring dignity of individual and Unity and Integrity of the Nation. ‘Sense of the House’ Resolution introduces a new fundamental principle and framework for stronger cooperation between Union and State to prevent and detect corruption. Corrupt official will not find ways to hide their illicit gains. This is a particularly important issue for State where corrupt high officials have plundered the national wealth and where the State needs resources to reconstruct and rehabilitate their people. Government should express their determination to attack corruption and to make many more people aware of the devastating effect that corruption has on development. Adoption of ‘Sense of the House’ will be a remarkable achievement and it will make a real difference to the quality of life of millions of people. By curbing the corruption, the biggest obstacles to development, it can help to achieve the golden goals of the Preamble. State must implement it to eradicate the scourge of corruption.
That an amendment to the Constitution has been proposed to implement the Lokayukta uniformly across the Country. It will make the institution of Lokayukta uniform and equally effective as a three-member body, headed by a retired Judge of the Supreme Court or Chief Justice of the High Court, comprising the state vigilance commissioner and an eminent jurist or administrator as members.
That there is no requirement for moving concerned government authority for relief sought in the present writ petition. There is no other efficacious, economic and alternative remedy available to the petitioner except for approaching this Hon’ble Court by way of this prerogative writ petition.
That petitioner has not filed any other writ petition either in this Hon’ble Court or in any other High Court in India seeking same and similar directions as prayed in the present writ petition.
That petitioner’s full name is Ashwini Kumar Upadhyay, Email: aku.adv@gmail.com, Phone: 8800278866, 9911966667. Petitioner is an Advocate, practicing in this Hon’ble Court; Income: Rs. 06 LPA, PAN-AAVPU7330G, Adhar-659982174779.
That the facts constituting cause of action accrued on 27-08-2011 and every subsequent date when parliament unanimously adopted ‘Sense of the House’ Resolution and Prime Minister Sh. Manmohan Singh said: “Parliament has spoken. The ‘Will of Parliament’ is the ‘Will of the People’.” However, the Executive not implemented the ‘Sense of the House’ Resolution dated 27-08-2011 till date.
That in absence of an independent impartial effective Lokapal at Centre and independent impartial effective Lokayukta in States and a Citizen Charter Bill to ensure time bound delivery of goods and services and redressal of citizen’s grievances, prevailing corruption cannot be controlled and thus causes injury to Indian citizens.
That there is no civil, criminal or revenue litigation, involving petitioner, which has or could have a legal nexus, with the issue involved in the present writ petition. This writ petition is totally bona-fide and purely in larger public interest.
That Petitioner has no personal gain, private motive or oblique reasons in filing this writ petition. It is totally bonafide and purely in larger public interest. Petitioner is filing this writ petition under Article 226 of the Constitution of India.
QUESTION OF LAW
Whether the Executive is not constitutionally bound to implement United Nations Convention Against Corruption dated 31-10-03 and ‘Sense of the House Resolution’ dated 27-08-11 to have a Citizen Charter in every department to ensure time bound delivery of goods and services and redressal of Citizen’s grievances in a time bound manner.
                      GROUNDS
That petitioner begs to file the present writ petition inter-alia on the following grounds.
BECAUSE an effective impartial independent and strong Lokpal at Centre, effective impartial and strong Lokayukta in States and a Citizen Charter to ensure time bound delivery of goods and services and redressal of their grievances, is not only the ‘Will of the People’ as expressed by it on 27-08-2011 through ‘Sense of the House’ Resolution, which was unanimously adopted by the Parliament but also essential to curb the corruption, the greatest menace to democracy and civilized society.
BECAUSE it is constitutional duty of the Executive to meet ‘Will of the People’, as unanimously expressed by it through ‘Sense of the House’ Resolution.
BECAUSE in State of Gujarat v R.A. Mehta, AIR 2013 SC 693:(2013) 3 SCC 1, Hon’ble Supreme Court said: “Corruption threatens constitutional governance and shakes the foundation of democracy and Rule of Law. Corruption is opposed to democracy and social order as being not only anti-people, but also due to the fact, that it affects the economy of a country and destroys its cultural heritage. It threatens the security of the society, undermines the ethical value and justice, jeopardizing sustainable development. Corruption devalues human rights, chokes development and corrodes the moral fabric of society. It causes considerable damage to national economy, national interest and image of the country. The very object, noble and grand vision of the Preamble will be defeated if corruption is not curbed immediately”.
Because it is duty of the Government to take all appropriate initiatives including implementation of ‘Sense of the House’ Resolution, United Nations Convention Against Corruption and Law Commission recommendations to curb the corruption.
BECAUSE time-bound delivery of goods and services and redressal of grievances is integral part of the ‘Right to Life’ under Article 21 and Executive must provide a Citizen Charter to ensure it.
BECAUSE in Subramanian Swamy v Manmohan Singh, (2012) 3 SCC 64: AIR 2012 SC 1185, Hon’ble Supreme Court said: “Corruption not only poses a grave danger to concept of constitutional governance, it also threatens the very foundation of the Indian democracy and the Rule of Law. The magnitude of corruption in public life is incompatible with the concept of the Socialist, Secular and Democratic Republic. Where corruption begins all rights end. Corruption devalues human rights, chokes development, and undermines justice, liberty, equality and fraternity, which are the values in Indian Preambular vision. The duty of the Court is that any anti-corruption law has to be interpreted and worked out in such a fashion as to strengthen the fight against corruption. In a situation where two constructions are eminently reasonable, the Court has to accept the one that seeks to eradicate corruption to the one, which seeks to perpetuate it”.
BECAUSE ultimate goal of Legislature Executive and the Judiciary is to establish the ‘Rule of Law’ and ‘Welfare of the People’. Eradication of corruption, which is the greatest menace to the Indian democracy, is necessary to achieve the golden goals as set out in the Preamble of the Constitution.
PRAYER
For the reasons stated above, it is the most respectfully prayed that this Hon’ble Court may be pleased to:
Issue a direction or order or writ including writ in the nature of mandamus or such other writ, order or direction as may be necessary; directing the Respondents to provide a Citizen Charter in every department to ensure time bound delivery of goods and services and redressal of citizen’s grievances in a specific time limit;
Issue a direction or order or writ including writ in the nature of mandamus or such other writ, order or direction as may be necessary; directing the respondents to implement United Nations Convention Against Corruption 31-10-2003 and  ‘Sense of the House’ Resolution 27-08-2011;
Issue such other writ, order or directions as may be necessary to ensure time bound delivery of goods and services and redressal of citizen’s grievances and allow cost to petitioner.

                             (R.D. UPADHYAY)
                           Advocate for Petitioner
Drawn by: Ashwini Kumar Upadhyay
Drawn on: 05.05.2016
Filed on: 16.05.2016
IN THE HIGH COURT OF DELHI AT NEW DELHI
     WRIT PETITION (C) NO ……… OF 2016
(PUBLIC INTEREST LITIGATION UNDER THE ARTICLE 226)
IN THE MATTER OF:
Ashwini Kumar Upadhyay            …Petitioner
Verses
Union of India & Another            ...Respondents
AFFIDAVIT
I Ashwini Kumar Upadhyay aged 42 years, S/o Sh. Suresh Chandra Upadhyay, Office at 15, New Lawyers Chambers, Supreme Court of India, New Delhi-110001, R/o G-284, Govindpuram, Ghaziabad-201013, at present at New Delhi, do hereby solemnly affirm and declare as under:
That I am the petitioner above named. I am well acquainted with facts and circumstances of the case and as such, I am competent to swear this affidavit.
I have filed the present writ petition as public interest litigation. There is no personal gain, private motive or oblique reasons in filing this petition. This is totally bona-fide and purely in larger public interest.
I have gone through the Delhi High Court (Public Interest Litigation) Rules, 2010 and do hereby affirm that the present Public Interest Litigation is in conformity thereof.
I have no personal interest in the litigation and neither myself nor any body in whom I am interested, would in any manner benefit from the relief sought in the present litigation save as a member of the General Public. This petition is not guided by self-gain or gain of any person, institution, body and there is no motive other than of public interest in filing this petition.
I have done whatsoever enquiry / investigation, which was in my power to do, to collect all data / material which was available and which was relevant for this Court to entertain the present petition. I further confirm that I have not concealed in the present petition any data / material / information which may have enabled this Court to form an opinion whether to entertain this petition or not and / or whether to grant any relief or not.
That the averments made in this affidavit are true and correct to my personal knowledge and belief. No part of this affidavit is false nor has anything material been concealed there from.

DEPONENT
                        (Ashwini Kumar Upadhyay)

VERIFICATION
    I, the Deponent do hereby verify that the contents of above affidavit are true and correct to my personal knowledge and belief. No part of it is false nor has anything material been concealed there from.
I solemnly affirm today i.e. Thursday, the 19th day of May 2016 at New Delhi.

DEPONENT
                        (Ashwini Kumar Upadhyay)


NATIONAL, NEW DELHI, May 12, 2011: Updated: May 13, 2011, 01:47 IST, SPECIAL CORRESPONDENT
India ratifies U.N. Convention against Corruption
India on Thursday ratified the United Nations Convention against Corruption — a politically correct move that ought to take some heat off a government battling serious corruption charges and seen as unwilling to crackdown on black money stashed away abroad.
Indeed, in recent days a question often asked was why India had not ratified the Convention when asset recovery is stated explicitly as a fundamental principle of the Convention. Besides, member-countries are bound by the Convention to render mutual legal assistance towards prosecution of offenders as well in tracing, freezing, and confiscating the proceeds of corruption.
The Prime Minister's explanation for the delay was that the ratification had been under active consideration since September 2010 and a Group of Ministers was deputed to oversee the process. In a statement issued before his departure for Kabul, the Prime Minister further said: “….the ratification is a reaffirmation of our government's commitment to fight corruption and to undertake vigorously administrative legal reforms to enable our law-enforcement agencies to recover the illicit assets stolen by corrupt practices.”
The text of the United Nations Convention against Corruption was negotiated during seven sessions between 21-01-2002 and 1-10-2003. The Convention was adopted by the General Assembly by Resolution 58/4 of 31-10-2003 and it entered into force on 14-12-2005.

NATIONAL, NEW DELHI, August 23, 2011, Updated: August 24, 2011, 02:45 IST,
B. MURALIDHAR REDDY
Prime Minister appeals to Hazare to end fast
Prime Minister Manmohan Singh on Tuesday extended an olive branch to anti-corruption crusader Anna Hazare amid growing concern at the latter’s health condition on the eighth day of his indefinite fast. Dr. Singh announced that the government is prepared to request Lok Sabha Speaker Meira Kumar to formally refer Team Anna's Jan Lokpal Bill also to the Parliamentary Standing Committee for their “holistic consideration along with everything else.”
In a letter to the 74-year old veteran social campaigner, who has caught the imagination of several sections of society, Dr. Singh appealed to the former to call off his protest and also made it known that the government could formally request the Standing Committee to “try, subject to its discretion and the necessity to reflect deeply and spend adequate time on an important Bill, and fast track their deliberations to the extent reasonably feasible.”
The Prime Minister's appeal came a day ahead of a meeting of the floor leaders of the Lok Sabha and the Rajya Sabha convened by him and a scheduled debate in the Lok Sabha on corruption under a rule that does not entail voting.
Dr. Singh's letter followed hectic parleys among senior United Progressive Alliance (UPA) leaders and Ministers throughout the day and noisy scenes in both Houses of Parliament that adjourned for the day without transacting any official business.
The government also named senior Minister Pranab Mukherjee to open channels of communication with Mr. Hazare's core team. The move came following murmurs of dissent within the UPA over the manner in which key government negotiators, including Kapil Sibal and P. Chidambaram, handled the situation.
A meeting of the Congress Parliamentary Party under the chairmanship of Mr. Mukherjee on Thursday is expected to witness some frank exchange of views.
The Lokpal Bill introduced on August 4 is before the Standing Committee with a mandate to it to submit its recommendations within three months. Legally, nothing precludes the committee from taking note of any input outside the Bill's provisions.
“..All options are open before the Standing Committee. Undoubtedly, they would be entitled to consider, in detail and clause by clause, subject to their discretion, not only the Bill introduced by us but the Jan Lokpal Bill and other versions like those prepared by Ms. Aruna Roy,” Dr. Singh's letter said.
Chairman of the Standing Committee on Personnel Affairs Abhishek Manu Singhvi said it would be their endeavour to complete their task as early as possible. He made the assertion two hours before the Prime Minister's Office released the text of Dr. Singh's letter.



NEW DELHI, August 27, 2011, Updated: August 27, 2011 21:02 IST
SPECIAL CORRESPONDENT
Parliament adopts “Sense of the House” resolution on Lokpal
The Parliament has adopted the “Sense of the House” resolution on three key issues raised by Anna Hazare. The resolution, moved by Finance Minister Pranab Mukherjee, was first adopted by the Lok Sabha by thumping of desks. Later, the Rajya Sabha adopted the move. The “Sense of the House” will be conveyed to Mr. Hazare shortly through Lok Sabha Speaker Meira Kumar, sources said.
The “Sense of the House” resolution moved by Mr. Mukherjee reads: “This House agrees ‘in principle’ on following issues — (i) Citizen's Charter, (ii) lower bureaucracy under Lokpal through an appropriate mechanism, and (iii) establishment of Lokayukta in the States; And further resolves to forward the proceedings of the House to the Standing Committee on Law and Justice while finalising its report.”
Earlier, the government and the Opposition reached an agreement under which the Parliament will adopt a resolution incorporating the three demands of Team Anna. The turnaround came when the Bharatiya Janata Party heard Team Anna member Arvind Kejriwal announce at the Ramlila grounds that the government had conveyed to them the Opposition’s reluctance to vote on a resolution in Parliament on the Lokpal issue.
National Democratic Alliance working president L.K. Advani, Leader of the Opposition in the Lok Sabha Sushma Swaraj and her counterpart in the Rajya Sahba Arun Jaitley took the matter to Prime Minister Manmohan Singh and Finance Minister Pranab Mukherjee. Sources said Mr. Mukherjee and Union Law Minister Salman Kurshid denied that the government had made any such charge.
When the BJP insisted that in the changed circumstances, a resolution should be moved and put to a voice vote, the government agreed to it. Some young Ministers and MPs from the Congress also insisted on a resolution and vote as they felt Team Anna will not settle for anything less. It has been decided that the resolution will be moved by Mr. Mukherjee. The wording of the resolution was worked out with the Opposition.
Sources said the resolution mentions all the three demands of Anna Hazare, namely a Citizen’s Charter, Lokayukta in States and including lower bureaucracy under Lokpal’s ambit. The resolution states that the House agrees “in principle” on these issues. It will be put to a voice vote in both Houses.
Once the resolution is passed, Union Minister Vilasrao Deshmukh will take its translated Marathi version to Anna Hazare and request him to break his fast.

NATIONAL, NEW DELHI, December 16, 2011, Updated: December 16, 2011 02:16 IST,
 SPECIAL CORRESPONDENT
Cabinet to consider ‘Sense of the House’ Resolution
Besides taking into account the different viewpoints of parties on modalities of inclusion of the office of Prime Minister in the Lokpal Bill and the scope of the proposed ombudsman over the CBI and the CVC, the Union Cabinet would take into consideration the ‘sense of the House' resolution adopted by Parliament in August committing itself to three specific issues raised by social activist Anna Hazare.
On August 27, Parliament urged the Standing Committee on Lokpal to consider the ‘Sense of the House' resolution moved by Finance Minister Pranab Mukherjee during the deliberations on the government Bill. It read: “This House agrees ‘in principle' on the following issues — (i) citizens' charter, (ii) lower bureaucracy under Lokpal through an appropriate mechanism, and (iii) establishment of Lokayuktas in the States.”
Inclusion of the Citizens' Charter under the Lokpal would entail all government departments having a time frame to address the grievances of the committee. Citizens could approach the Lokpal if any department fails to address a complaint within the time frame and if it is convinced of the genuineness of the case, the department would face penalty.
The parties are divided on interpretation of the wording of the resolution on inclusion of the lower bureaucracy under the Lokpal through an appropriate mechanism. The UPA is of the view that the Lokpal would be overburdened with work if Group C employees are directly placed under its jurisdiction. The BJP and the CPI(M) are for their inclusion, while the CPI is opposed.
On establishment of Lokayuktas, there is near unanimity. At Wednesday's all-party meeting, Prime Minister Manmohan Singh indicated that the government was flexible on the three subjects mentioned in the ‘sense of the House' resolution.
At the meeting, Opposition representatives cautioned the government against rushing through the important legislation under pressure from outside. The reference is clearly to the threat of another agitation by Mr. Hazare if the Lokpal Bill is not adopted by Parliament in the winter session.
On the logistics of getting the Lokpal Bill in the current session, scheduled to end on December 22, Parliamentary Affairs Minister Pawan Kumar Bansal said the government had no problem in extending it till December 23 and, if necessary, for a few more days after the Christmas break. But opinion is divided within the UPA on the probity of letting the winter session spill over into January.