Letter to Union Minister for An Effective Model Locayukta Bill for States

20-06-2016
To,
Hon’ble Union Minister
Ministry of Law and Justice
Government of India, New Delhi-110001
Subject: An Effective Model Locayukta Bill for States
Dear Sir,
After ratifying the United Nation Convention Against Corruption on 12-05-2011, the Parliament adopted ‘Sense of House Resolution’ on 27-08-2011, which reads as thus: “This House agrees in principle on following issues: (i) Citizen Charter (ii) Lower bureaucracy under Lokpal through an appropriate mechanism, (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, Sh. Arun Jaitely, Smt. Sushma Swaraj, Sh. Manmohan Singh, 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’.”  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’. Sh. Manmohan Singh, rightly said that ‘Sense of 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. Executive should implement ‘United Nations Convention Against Corruption-2003’ and ‘Sense of House Resolution-2011’ in letter and spirit and provide a effective, independent and Strong Model Lokayukta Bill, so that all the States have equally effective Lokayuta.
Dear Sir,
An effective Model Lokayukta Bill is necessary:
Because an effective impartial and strong Lokayukta in all the States 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 our democracy.
Because it is constitutional duty of the Executive to meet ‘Will of the People’, and implement ‘Sense of the House’ Resolution in letter and spirit, as it is very necessary for eradication of corruption.
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 Executive to take all the appropriate actions to curb the corruption including the implementation of ‘Sense of the House’ Resolution, United Nations Convention Against Corruption and Law Commission recommendations.
Because in Subramanian Swamy v Manmohan Singh, (2012) 3 SCC 64: AIR 2012 SC 1185, the Apex 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”.
Dear Sir,
I request you to take appropriate action to provide an effective Model Lokayukta Bill in spirit of ‘Sense of the House Resolution’ dated 27-08-2011 and United Nation Convention Against Corruption-2003, as it is necessary for eradication of corruption, greatest menace to democracy.
Thanks and Regards.
Ashwini Kumar Upadhyay
Office: Chamber-15, New Lawyer Chambers
Supreme Court of India, New Delhi-110001
Residence: G-284, Govindpuram, Ghaziabad-201013
# 08800278866, 09911966667, aku.adv@gmail.com
CC:
Hon’ble Prime Minister
Government of India, New Delhi-110001
Hon’ble Union Minister of Parliamentary Affairs
Government of India, New Delhi-110001