| Joint Drafting Committee on Lokpal only Advisory, says Additional Solicitor General
In Writ petition No 3556 of 2011(M/B) filed by Lucknow based lawyer Asok Pande and social activist Dr Nutan Thakur in the Allahabad High Court , Lucknow Bench, the Central government counsel today (16/04/2011)made a very important disclosure. In the Writ where the two petitioners had asked the High Court to direct the Government of India for the declaration of a Notification related with Public-Private Partnership in Lawmaking (PPPL), it has been submitted by Dr. Ashok Nigam, Additional Solicitor General of India that the body created in pursuance to the notification dated 08/04/2011 about formation of Joint Drafting Committee of Anna hazare about Lokpal Bill is only advisory in nature to assist the government. He further said that it was for the government to take a decision on the basis of report submitted by the committee constituted by impugned notification.
The petitioners Pande and Dr Thakur had said that Government of India has initiated a new phase in law-making through formation of "Joint Drafting Committee" and hence had requested the High Court to direct the Government of India to adopt the "Model Notification" for the formation of "Joint Drafting Committee" in future, along with the complete process to be adopted in this regards for PPPL.
Though the Double Bench of Justice Devi Prasad Singh and Justice S.C. Chaurasia dismissed the petition, yet it said- "Though we may be precluded under the constitutional scheme from issuance of such mandamus but the petitioners being a counsel or citizen got right to approach the government to advance his arguments or raise a demand for corrective measure in the governance system of the country." It also made some very important comments. It said- "Of course, hands of the Courts are tight, but hands of the people are not tight in a democratic polity. The citizens have got right to raise justifiable demand being conferred by Article 19 of the Constitution that too within four corners of law." It also said- "This apart, citizen possess unfettered right to elect a representative who have impeccable character to serve them."
Dr Nutan Thakur,
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