Caricature of Constitution-II: Lokpal Doubles Up As Investigator And Prosecutor
Posted on August 02, 2011
One of the demands made in the Lokpal Bill is to provide the committee with powers to sanction prosecution where applicable. Currently, a public servant cannot legally be prosecuted for any act done in the discharge of his official duty unless such prosecution is sanctioned by the government. This constitutional provision protects the Executive against frivolous litigation as well as members of the Judiciary and the armed forces. But this is only among the multiple promises guaranteeing swift action. This article examines these demands and discusses the inherent dangers in acting `swiftly' without the necessary constitutional checks and balances.