ADR lok pals recent Lokayukta & Tribunals.pdf

alternate mode of dispute resolution

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▪ LokPal and LokAyukta Act of 2013.
▪ In Countries like Sweden, in 1809, concept of Ombudsman started already.
▪ 1962, ombudsman concept also in New Zealand and Norway.
▪ In 1966, African country Guyana started Ombudsman concept.
▪ Dr. LM Singhvi coined the term Lokpal and LokAyukta
▪ 1966, First Administrative Reforms Commission suggested that there should be some
measures in place to check the conduct of Public functionaries.
▪ 2005, 2nd Administrative Reforms Commission chaired by Veerappa Moilly again
suggested setting up Lokpal.
▪ 2011, Anna Hazare started movement against corruption and wanted passing of Lokpal.
▪ CONSTITUTION OF LOK PAL—Lokpal chaired by former CJI or former judge of
supreme Court. There are 8 members in Lokpal.
▪ Duration of Office of people in Lokpal.
▪ Lokpal hears cases of corruption, but Lokpal will NOT hear cases on corruption in
international relations, or issues of national security.
▪ Powers of Lokpal—can direct CBI, powers to suspend civil officers, confiscation of
assets procured by corruption, conducting preliminary inquiry.

▪ Tribunal System in India , concept of Tribunal added in 42nd Amendment, as workload
of cases in Courts was huge.
▪ In 1924, on suggestion of Rankin Committee, suggested setting up of alternate forums
to reduce case backlog.
▪ 1969, a CIVIL SERVICES TRIBUNAL set up, which dealt with cases of punishment
of the civil servants.
▪ 1972, there was High Court’s Arrears Committee, chaired by Justice JC Shah, and this
Committee dealt with all issues of civil servants, not just on punishments, but also
issues like promotion, demotion etc.
▪ 1976, Swaran Singh Committee said that concept of Tribunal should be introduced in
Constitution itself, and later it was introduced in Article 323A and 323B of Constitution.
Tribunals given constitutional recognition in 1976.
▪ CASES Relating to Tribunals

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▪ 1. Jaswant Sugar Mills v. Lakshmichand , AIR 1963 SC 677 –Court held that the test
to see whether the authority is a Tribunal, is seen through powers given to tribunals
like—compelling witnesses to attend proceedings, following certain rules of evidence,
imposing sanctions, etc.
▪ 2. Associated Cement Company Limited v. PN Sharma, AIR 1965 SC 1595 –- The
Courts have to strictly follow procedure while exercising its powers, whereas Tribunals
need not follow strict procedure. Tribunals do not have full power of the Courts, hence
they are quasi-judicial.