Follow @achu90
The Jan Lokpal Bill (Hindi: जन लोकपाल विधेयक), also referred to as the citizens' ombudsman bill is a proposed independent anti-corruption law in India. Anti-corruption social activists proposed it as a more effective improvement to the original Lokpal bill, which is currently being proposed by the Government of India[1]. The prefix Jan (translation: citizens) was added to signify the fact that these improvements include input provided by "ordinary citizens" through an activist-driven, non-governmental public consultation.[2][3]
The Jan Lokpal Bill aims to effectively deter corruption, redress grievances of citizens, and protect whistle-blowers(a person who tells the public or someone in authority about dishonest or illegal activities occurring in a government department, public or a private organization or a company).
If made into law, the bill would create an independent ombudsman body similar to the Election Commission of India called the Lokpal (Sanskrit: protector of the people). It would be empowered to register and investigate complaints of corruption against politicians and bureaucrats without prior government approval[4]. First passed the Lok Sabha in 1968[5], the bill has failed to pass the Rajya Sabha and become law for over four decades.[6]
In 2011, civil activist Anna Hazare started a Satyagraha movement by commencing an indefinite fast in New Delhi to demand the passing of the bill. The movement attracted attention in the media, and hundreds of thousands of supporters, in part due to the organizational skills of Arvind Kejriwal [7]. Following Hazare's four day hunger strike, Indian Prime Minister Manmohan Singh stated that the bill would be re-introduced in the 2011 monsoon session of the Parliament[8].
Accordingly, a committee of five Cabinet Ministers and five social activists attempted to draft a compromise bill merging the two versions but failed. The Indian government went on to propose its own version in the parliament, which the activists reject on the grounds of not being sufficiently effective and called it a "toothless bill"[9].[why?]
The All-India Confederation of SC/ST Organisations, representing the Dalits and backward castes, expressed opposition to the bill proposed by Anna Hazare as well as to the government's version of the bill. The confederation opposed Hazare's proposed bill saying that it will be above the constitution and that proposers of the bill have support from elements who oppose reservation.[10]
Background
The Lokpal bill was first introduced by Shanti Bhushan in 1968[5] and passed the 4th Lok Sabha (Upper house) in 1969. But the Rajya Sabha was dissolved
Renewed calls for the bill arose over resentment of the major differences between the draft 2010 Lokpal Bill prepared by the government and that prepared by the members of the associated activists movement — N. Santosh Hegde, a former justice of the Supreme Court of India; Lokayukta of Karnataka; Shanti Bhushan; Arvind Kejriwal; Prashant Bhushan, a senior lawyer in the Supreme Court; and members of the India Against Corruption movement[2].JAN LOKPAL
The bill's supporters consider existing laws too weak, full of contradictions and insufficiently empowered to combat corruption.[15][16] On the other hand, critics of the Jan Lokpal Bill argue that the bill attempts to supersede existing constitutional bodies and attempts to create a super-institution with sweeping powers, which can be dangerous for the future of democracy.[17]
Key features of proposed bill
Some important features of the proposed bill are:[2]
1. To establish a central government anti-corruption institution called Lokpal, supported by Lokayukta at the state level.
2. As in the case of the Supreme Court and Cabinet Secretariat, the Lokpal will be supervised by the Cabinet Secretary and the Election Commission. As a result, it will be completely independent of the government and free from ministerial influence in its investigations.
3. Members will be appointed by judges, Indian Administrative Service officers with a clean record, private citizens and constitutional authorities through a transparent and participatory process.
4. A selection committee will invite short-listed candidates for interviews, videorecordings of which will thereafter be made public.
5. Every month on its website, the Lokayukta will publish a list of cases dealt with, brief details of each, their outcome and any action taken or proposed. It will also publish lists of all cases received by the Lokayukta during the previous month, cases dealt with and those which are pending.
6. Investigations of each case must be completed in one year. Any resulting trials should be concluded in the following year, giving a total maximum process time of two years.
7. Losses caused to the government by a corrupt individual will be recovered at the time of conviction.
8. Government officework required by a citizen that is not completed within a prescribed time period will result in Lokpal imposing financial penalties on those responsible, which will then be given as compensation to the complainant.
9. Complaints against any officer of Lokpal will be investigated and completed within a month and, if found to be substantive, will result in the officer being dismissed within two months.
10. The existing anti-corruption agencies (CVC, departmental vigilance and the anti-corruption branch of the CBI) will be merged into Lokpal which will have complete power and authority to independently investigate and prosecute any officer, judge or politician.
11. Whistleblowers who alert the agency to potential corruption cases will also be provided with protection by it.
Difference between government and activist drafts
Highlights
Difference between Jan Lokpal Bill and Draftll 2010
Jan Lokpal Bill (Citizen's Ombudsman Bill):
1.Lokpal will have powers to initiate suo motu action or receive complaints of corruption from the general public.2.Lokpal will have the power to initiate prosecution of anyone found guilty.
3.Lokpal will have police powers as well as the ability to register FIRs.
4.Lokpal and the anti corruption wing of the CBI will be one independent body.
5.Punishments will be a minimum of 10 years and a maximum of up to life imprisonment.
Draft Lokpal Bill (2010):
1.Lokpal will have no power to initiate suo motu action or receive complaints of corruption from the general public. It can only probe complaints forwarded by the Speaker of the Lok Sabha or the Chairman of the Rajya Sabha.2.Lokpal will only be an Advisory Body with a role limited to forwarding reports to a "Competent Authority".
3.Lokpal will have no police powers and no ability to register an FIR or proceed with criminal investigations.
4.The CBI and Lokpal will be unconnected.
5.Punishment for corruption will be a minimum of 6 months and a maximum of up to 7 years.
Detailed
The following table details differences between the Government and activist backed versions[19][20].[21]Comparision SlideShow uploaded by India Against Corruption.
Issue
Prime MinisterThe Jan Lokpal Bill - Can be investigated with permission of seven member Lokpal bench.
Government's Lokpal Bill - PM can be investigated by Lokpal after she/he vacates office
Judiciary
Jan Lokpal Bill - Can be investigated, though high level members may be investigated only with permission of a seven member Lokpal bench
Government's Lokpal Bill - Judiciary is exempt and will be covered by a separate "judicial accountability bill".
Conduct of MP's
Jan Lokpal Bill - Can be investigated with permission of seven member Lokpal bench.
Government's Lokpal Bill - Can be investigated, but their conduct within Parliament, such as voting, cannot be investigated
Lower bureaucracy
Jan Lokpal Bill - All public servants would be included
Government's Lokpal Bill - Only senior officers (Group A) will be covered
Anti-corruption wing of the Central Bureau of Investigation (CBI)
Jan Lokpal Bill - The Anti-corruption wing of the CBI will be merged into the Lokpal
Government's Lokpal Bill - The Anti-corruption wing of the CBI not be merged into the Lokpal.
Removal of Lokpal members and Chair
Jan Lokpal Bill - Any person can bring a complaint to the Supreme Court, who can then recommend removal of any member to the President
Government's Lokpal Bill - Any "aggrieved party" can raise a complaint to the President, who will refer the matter to the CJI.
Removal of Lokpal staff and officers
Jan Lokpal Bill - Complaints against Lokpal staff will be handled by independent boards set-up in each state, composed of retired bureaucrats, judges, and civil society members
Government's Lokpal Bill - Lokpal will conduct inquiries into its own behavior.[19]
Lokayukta
Jan Lokpal Bill - Lokakyukta and other local/state anti-corruption agency would remain in place.
Government's Lokpal Bill - All state anti-corruption agencies would be closed and responsibilities taken over by centralized Lokpal.
WhistleBlower Protection
Jan Lokpal Bill - Whistleblowers are protected by Lokpal.
Government's Lokpal Bill - No protection granted to whistleblowers by Lokpal
Punishment for corruption
Jan Lokpal Bill - Lokpal can either directly impose penalties, or refer the matter to the courts. Penalties can include removal from office, imprisonment, and recovery of assets from those who benefited from the corruption
Government's Lokpal Bill - Lokpal can only refer matters to the courts, not take any direct punitive actions. Penalties remain equivalent to those in current law.
Investigatory powers
Jan Lokpal Bill - Lokpal can obtain wiretaps ( to make a connection to a telegraph or telephone wire in order to obtain information secretly), issue rogatory letters, and recruit investigating officers. Cannot issue contempt orders.
Government's Lokpal Bill - Lokpal can issue contempt orders, and has the ability to punish those in contempt. No authority to obtain wiretaps, issue rogatory letters, or recruit investigating officers.
False, frivolous and vexatious complaints
Jan Lokpal Bill - Lokpal can issue fines for frivolous complaints (including frivolous complaints against Lokpal itself), with a maximum penalty of Rs 1 lakh.
Government's Lokpal Bill - Court system will handle matters of frivolous complaints. Courts can give 2-5 years imprisonment and fines of Rs 25,000 to 2 lakh
NGOs
Jan Lokpal Bill - NGOs not within the scope due to their role in exposing corruption.
Government's Lokpal Bill - NGOs are within the scope and can be investigated.
Very informative article. Thanks for posting it.
ReplyDeleteWebsite Designers