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Former SC Judge AM Khanwilkar Named Lokpal Chair

Courtesy/By: PARAM SAKET SARANG | 2024-03-01 00:01     Views : 88

Former SC Judge AM Khanwilkar Named Lokpal Chair

Introduction

Two years after Judge Pinaki Chandra Ghose's tenure as the anti-corruption ombudsman came to an end, A M Khanwilkar, a former Supreme Court judge, was named chairperson of Lokpal on 28 Feb 2024 {Tuesday}.

The appointment of three judicial and three non-judicial Lokpal members was also announced by the Center. The judicial members include former Himachal Pradesh HC Chief Justice Lingappa Narayana Swamy, former Allahabad HC CJ Sanjay Yadav and Law Commission chairman Ritu Raj Awasthi.

The non-judicial members are Ajay Tirkey, Pankaj Kumar, and former chief election commissioner Sushil Chandra.

 

Who is A.M Khanwilkar

Judge Khanwilkar served on the SC for six years. During his final year, he wrote several significant rulings that upheld the state's broad authority against individuals under three special laws: the Foreign Contribution (Regulation) Amendment Act, the Unlawful Activities Prevention Act, and the Prevention of Money Laundering Act. 2022 saw him retire in July.

On July 30, 1957, Justice Ajay Manikrao Khanwilkar was born in Pune. He attended K.C. Law College in Mumbai after earning his bachelor's degree in commerce from Mulund College in Mumbai. He subsequently registered on February 10th, 1982, to become an advocate.

 

Career as Advocate

Khanwilkar J. was an advocate with a focus on criminal, civil, and constitutional law. He practised entirely in the Supreme Court as of July 1984. In the Supreme Court, he represented the State of Maharashtra as an Additional Government Advocate till December 1989, after serving as Standing Counsel for the State in 1985. He was appointed to the Supreme Court in 1995 as the Election Commission of India's Standing Counsel. On March 29, 2000, he was promoted to the rank of Judge in the Bombay High Court. He would frequently represent statutory authorities or people in public office as part of his private practice.

Justice Khanwilkar has frequently offered support to the Supreme Court. He was designated as an Amicus Curiae, or friend of the court, in 1994 to support the Supreme Court in the M.C. Mehta case, which concerned the release of tannery effluents into the Ganga river. He was appointed to the task team established in 1995 to investigate the Prevention of Food Adulteration Act of 1954.

 

Career as Judge

On April 8, 2002, Khanwilkar J., who had been elevated to the Bombay High Court in 2000, was formally confirmed as a permanent judge. Later, in November 2013, he was again briefly appointed to the position of Chief Justice of the Himachal Pradesh High Court, a position he held until he was nominated a Supreme Court Judge on May 13, 2016. On July 29th, 2022, he will resign following his six-year term.

 

About Lokpal

India has an anti-corruption Ombudsman body called Lokpal. The Indian Parliament established the Lokpal and Lokayuktas Act in 2013 in response to a strong public call for a strong system to combat corruption in higher government. The Lokpal Act calls for the creation of the Lokpal, an impartial body entrusted with hearing and looking into allegations of corruption against public servants, members of Parliament, the prime minister, and other ministers.

The President of India appoints the chairperson and up to eight members of the Lokpal based on the proposal of a selection committee. The Lokpal has the power to look into complaints of corruption, launch investigations, and bring legal action.

 

History of Lokpal

In India, the need for an anti-corruption ombudsman has existed for several decades. The Administrative Reforms Commission first suggested the concept of a Lokpal, or People's Ombudsman, in 1966. Nevertheless, it took several decades for the concept to become law.

In 1968, the Lok Sabha, the lower house of the Indian Parliament, received the Lokpal Bill for the first time. Since then, there have been multiple revisions and attempts to pass it, but there have been many obstacles to overcome, such as political opposition and differences in its authority and purview.

Social activist Anna Hazare began a well-known anti-corruption campaign in 2011 and called for the enactment of a robust Lokpal Bill. The movement was widely supported by the people and led to nationwide demonstrations, which greatly increased political pressure on the government to take action.

In 2011, the Indian government launched the Lokpal and Lokayuktas Bill in response to growing public outcry. The Lokpal and Lokayuktas Act was eventually enacted by the Parliament in December 2013 and shortly thereafter the President ratified it, following protracted discussions and amendments.

The Act established state-level Lokayuktas and national Lokpals, which would have authority over public officials like as the prime minister, ministers, members of parliament, and staff members of the government.

The Act specified the procedure for choosing Lokpal members, guaranteeing impartiality and openness. The Lokpal was given the power to look into allegations of corruption, penalize offenders, and receive complaints.

 

References

Courtesy/By: PARAM SAKET SARANG | 2024-03-01 00:01