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No way Lokpal Bill will stand judicial scrutiny: Ex-CJI VN Khare

There’s some serious concern about the constitutional efficacy of the cumbersome Lokpal and Lokayuktas Act as Khare feels that its section 49 can’t stand judicial scrutiny.

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There’s some serious concern about the constitutional efficacy of the cumbersome Lokpal and Lokayuktas Act as former Chief of India VN Khare feels that its section 49 can’t stand judicial scrutiny.

This provision vests in the multi-member Lokpal body the sole power to act as the ‘appellate’ authority to hear appeals against an order passed by a special court that’s proposed to be set up under its ambit for dealing with cases of corruption under the Prevention of Corruption Act.

According to the proposed clause, the Lokpal “shall function” as the “final appellate” authority in relation to appeals arising from the special courts’ judgments.

Does it mean that an aggrieved person can’t move a high court or the Supreme Court against the Lokpal’s order? Justice Khare said if the law is a creation of the Constitutional amendment; it can’t shake the basic feature of the Constitution by denying the remedies to move a HC under Article 226 and the SC under Articles 32 and 136.

If the proposed Bill has been introduced as a new enactment, it can’t betray the basic feature of the Constitution, i.e. the right to appeal and judicial review, Khare added.

Another former CJI, who did not want to be named, said neither the government nor Parliament can strip the citizens of the fundamental right to resort to file writ a petition before the SC or HC.

“They can’t. If they have done it, the court will scrap it,” he said while refusing to believe that lawmakers or the political executive could envisage such a provision.

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