Subject: GS 2
Syllabus: Structure, organisation and functioning of the Executive and the Judiciary Ministries and Departments of the Government; pressure groups and formal/informal associations and their role in the Polity.
Questions
- Corruption is a big issue plaguing the socio-economic and political landscape of India. In this context, discuss the impact of the Central Vigilance Commission and the issues involved in its functioning. (150 Words, 10 Marks)
- Lok Adalat, as a dispute resolution structure, is very significant for the current scenario. Discuss and also bring out some challenges faced by them. (250 Words, 15 Marks)
Model Structure
1. Corruption is a big issue plaguing the socio-economic and political landscape of India. In this context, discuss the impact of the Central Vigilance Commission and the issues involved in its functioning. (150 Words, 10 Marks)
Model Structure
Introduction
- Central Vigilance Commission was established as an executive body as per the recommendations of Santhanam Committee in 1964 and got statutory status under the CVC Act 2003. It was created to prevent corruption and hold civil servants and authorities accountable for any illegal activity.
Main Body
- Its main objective is to check corruption in All India Services, central services, PSUs etc, and it also reviews prosecution sanctions and recommends disciplinary actions against higher officials.
- Central Vigilance Commission has been functioning for a long time and its impact since its formation includes-
- It has taken preventive and punitive actions against erring officials and politicians.
- Organizes vigilance week annually to spread awareness against corruption. It can act suo moto and acts as a civil court in this regard.
- It gives clearances by checking profile of new appointees and going into criminal activities of those officers who seek voluntary retirements.
- There are few measures to ensure its independence such as appointment by an independent committee comprising the PM, Home Minister, Leader of Opposition etc.
- But even after this, there are some issues like-
- The conviction rate in case of CVC is very low which has affected its impact and effectiveness.
- CVC is only an advisory body because it can only register the criminal cases and after that it directs CBI to set up inquiries.
- Any decision by the CVC is not binding and for further prosecution, the body needs to take sanction of organizations or ministries.
- Due to the high backlog of cases and vacancy in judiciary, huge delays occur in the cases which makes it less deterrent.
- Majority of the cases include issues like unclear domain and jurisdiction.
Conclusion
- Corruption strikes at the root of development and it is time that powers of the CVC are increased by giving it more financial independence and making its recommendation binding rather than just advisory.
2. Lok Adalat as a dispute resolution structure is very significant for the current scenario. Discuss and also bring out some challenges faced by them. (250 Words, 15 Marks)
Model Structure
Introduction
- Lok Adalat is a method of alternative dispute redressal in which pending court cases at a pre-litigation stage are settled with assent of parties involved. They ensure that the idea of preamble which enshrines social, economic and political justice to every citizen of India is fulfilled.
Main Body
- Part IV under article 39A has provision for free legal aid to weaker sections and also to ensure justice to all. As a result, the Legal Services Authorities Act, 1987 was enacted to give statutory status to Lok Adalats. Significance of Lok Adalat includes-
- Saving litigants and other stakeholders from lengthy and tedious court proceedings.
- Decreasing court backlogs and pendency by ensuring cases are disposed of quickly.
- It also ensures speedy justice, because it is available in local languages and at suitable places.
- The award made by a lok adalat is made binding upon reaching a compromise and is enforced as a decree of a civil court.
- Much more affordable because there is no court fee and any previous fee paid in the regular court is refunded.
- The award by lok adalats is sustainable because they are made on compromise and help ensure friendly relations between parties.
- During the proceedings, lok adalat acts as a conciliator with the main objective of convincing the parties to agree for a solution.
- The lok adalats have been around for a long time but have not been able to achieve their objectives due to challenges like-
- The provision of quick sittings at short intervals involving the same judge is almost impossible which affects continuity of the deliberations.
- The clause of consent based decision making adds to delays and makes the process time consuming.
- Lok adalats also focus on modernisation thus neglecting indigenous practices and beliefs which prevents people from all areas to opt for it.
- Because they are held in open court, there is a lack of confidentiality which makes people skip this method if it involves some kind of embarrassment.
- Vacancies and financial constraints means lack of resources in lok adalats resulting in inefficient dispensation of cases.
- Awareness is also an issue, and because the proceedings take place in regular court premises, some iota of formality still remains.
Conclusion
- To ensure free legal aid which finds place in the directive principles is implemented properly, people need to be made aware and more Lok Adalats needs to be organized.
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