JAN LOKPAL BILL

From Wikipedia, the free encyclopedia Jump to: navigation, search The Jan Lokpal Bill, also referred to as the citizens' ombudsman bill, is a proposed independent anticorruption 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 Jan Lokpal Bill, also referred to as the citizens ombudmand bilm is a proposed independent anti corruption lao in india Anti corruption social activities prosed it as an more effective improbement to te oritilan Lokpalbilll, wich is curreitny being proposed by dthe Government of India.

The Jan Lokpal Bill aims to effectively deter corruption, redress grievances of citizens, and protect whistleblowers. If made into law, the bill would create an independent ombudsman body 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.[2][3][4] In April 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.[5] 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.[6] 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 rejected on the grounds of not being sufficiently effective, and called it a "toothless bill".[7] Background The word Lokpal was coined in 1963 by L.M.Singhvi, a Member of Parliament during a debate in Parliament about grievance redressal mechanisms. His son Dr. Abhishek Singhvi is now the head of the Parliamentary Standing Committee reviewing the bill.[8] The prefix Jan (translation: citizens) was added to signify the fact that these improvements include input provided by "ordinary citizens" through an activist-driven, nongovernmental public consultation.[9][10] The Lokpal bill was first introduced by Shanti Bhushan in 1968[11] and passed the 4th Lok Sabha in 1969. But before it could be passed by Rajya Sabha, Lok Sabha was dissolved and the bill lapsed.[12] The Subsequent versions were re-introduced in 1971, 1977, 1985, 1989, 1996, 1998, 2001, 2005 and in 2008,[13] but none of them passed. The bill was inspired by the Hong Kong Independent Commission Against Corruption (ICAC).[14][15] The Jan Lokpal Bill (Citizen's ombudsman Bill) is a draft anti-corruption bill drawn up by prominent civil society activists seeking the appointment of a Jan Lokpal, an independent body that would investigate corruption cases, complete the investigation within a year and envisages trial in the case getting over in the next one year. The jan lokpal bill (citizens ombudsman bill ) is a draft anti corruptioi bill drawn up by promintne civiel Drafted by Justice Santosh Hegde (former Supreme Court Judge and former Lokayukta of Karnataka),

Prashant Bhushan (Supreme Court Lawyer) and Arvind Kejriwal (RTI activist), the draft Bill envisages a system where a corrupt person found guilty would go to jail within two years of the complaint being made and his ill-gotten wealth being confiscated. It also seeks power to the Jan Lokpal to prosecute politicians and bureaucrats without government permission. Retired IPS officer Kiran Bedi and other known people like Swami Agnivesh, Sri Sri Ravi Shankar, Anna Hazare and Mallika Sarabhai are also part of the movement, called India Against Corruption. Its website describes the movement as "an expression of collective anger of people of India against corruption. We have all come together to force/request/persuade/pressurize the Government to enact the Jan Lokpal Bill. We feel that if this Bill were enacted it would create an effective deterrence against corruption." Retired IPS officer Kiran Bedi and other known people like Swami Agivegh sri sri Ravi Sankarh, ann ha Anna Hazare, anti-corruption crusader, went on a fast-unto-death in April, demanding that this Bill, drafted by the civil society, be adopted. Four days into his fast, the government agreed to set up a joint committee with an equal number of members from the government and civil society side to draft the Lokpal Bill together. The two sides met several times but could not agree on fundamental elements like including the PM under the purview of the Lokpal. Eventually, both sides drafted their own version of the Bill. Ann Hazare, anti corruption crusader, went on a fast-unto-death in april. Demanding that this bill, drafted by the civil soeicety, be adopted, four dfays into is fast, the government agreed to set up a joint committee with an eguql

The government has introduced its version in Parliament in this session. Team Anna is up in arms and calls the government version the "Joke Pal Bill." Anna Hazare declared that he would begin another fast in Delhi on August 16. Hours before he was to begin his hunger strike, the Delhi Police detained and later arrested him. There are widespread protests all over the country against his arrest. The website of the India Against Corruption movement calls the Lokpal Bill of the government an "eyewash" and has on it a critique of that government Bill. A look at the salient features of Jan Lokpal Bill: 1. An institution called LOKPAL at the centre and LOKAYUKTA in each state will be set up 2. Like Supreme Court and Election Commission, they will be completely independent of the governments. No minister or bureaucrat will be able to influence their investigations. 3. Cases against corrupt people will not linger on for years anymore: Investigations in any case will have to be completed in one year. Trial should be completed in next one year so that the corrupt politician, officer or judge is sent to jail within two years. 4. The loss that a corrupt person caused to the government will be recovered at the time of conviction. 5. How will it help a common citizen: If any work of any citizen is not done in prescribed time in any government office, Lokpal will impose financial penalty on guilty officers, which will be given as compensation to the complainant. 6. So, you could approach Lokpal if your ration card or passport or voter card is not being made or if police is not registering your case or any other work is not being done in prescribed time. Lokpal will have to get it done in a month's time. You could also report any case of corruption to Lokpal like ration being siphoned off,

poor quality roads been constructed or panchayat funds being siphoned off. Lokpal will have to complete its investigations in a year, trial will be over in next one year and the guilty will go to jail within two years. 7. But won't the government appoint corrupt and weak people as Lokpal members? That won't be possible because its members will be selected by judges, citizens and constitutional authorities and not by politicians, through a completely transparent and participatory process. 8. What if some officer in Lokpal becomes corrupt? The entire functioning of Lokpal/ Lokayukta will be completely transparent. Any complaint against any officer of Lokpal shall be investigated and the officer dismissed within two months. 9. What will happen to existing anti-corruption agencies? CVC, departmental vigilance and anti-corruption branch of CBI will be merged into Lokpal. Lokpal will have complete powers and machinery to independently investigate and prosecute any officer, judge or politician. 10. It will be the duty of the Lokpal to provide protection to those who are being victimized for raising their voice against corruption. Jan LokPal Bill Summary and Guide to Indias Civil Society Anti-Corruption Bill Deserves Our Support 5 Apr, 2011 Uncategorized47 CommentShare201 ShareThisThe Jan LokPal Bill is supposed to be the answer to Indias massive endemic corruption which strikes daily in the form of a new scam or scandal.The government has proven to be woefully inadequate in taking on the corrupt politicians,bureaucrats and businessmen.This corrupt nexus has been repeatedly exposed and its structure exposed through the Nira Radia Tapes.The Indian administration has shamefully failed to take action only promising to do something without doing anything worthwhile.The Indian Judiciary has also castigated the government numerous times for its abject failure in the 2G Telecom Scam,Black Money Scandal etc.However the government instead of strengthening anti-corruption measures has only put obstacles in the way.Its no wonder when the committee meant to look after the Bill comprises of ministers tainted with a number of scams themselves.Anna Hazare has held a fast unto death to put pressure on the government to pass the draft bill but the Minister appear unconcerned.Here is a short summary and guide to the main points of the Jan LokPal Bill which IMHO deserves the support of the whole Indian civil society. The Jan LokPal Bill is supposed to be the answer to Indias massive endemic corruption which strikes daily in the form of a new scam or scandal.The government has proven to be woefully inadequate in taking on the corrupt politicians,bureaucrats and businessmen.This corrupt nexus has been repeatedly exposed and its structure exposed through the Nira Radia Tapes.The Indian administration has shamefully failed to take action only promising to do something without doing anything worthwhile.The Indian Judiciary has also castigated the government numerous times for its abject failure in the 2G Telecom Scam,Black Money Scandal etc.However the government instead of strengthening anti-corruption measures has only put obstacles in the way.Its no wonder when the committee meant to look after the Bill comprises of ministers tainted with a number of scams themselves.Anna Hazare has held a fast unto death to put pressure on the government to pass the draft bill but the Minister appear unconcerned.Here is a short summary and guide to the main points of the Jan LokPal Bill which IMHO deserves the support of the whole Indian civil society.

What is the Jan Lok Pal Bill - The bill has been drafted by eminent members of the civil society like Prashant Bhusan,Kiran Bedi,Lyngdoh and other. The bill proposes institution of the office of Lokpal at the federal level and Lok Akyukta at sthe tate level. Jan Lokpal Bill is designed to create an effective anti-corruption and grievance redressal systems at centre and to assure that effective deterrent is created against corruption and to provide effective protection to whistleblowers.This has been done after the government of India has failed to pass the Lokpal Bill for 42 years reflecting the systemic corruption as the members of the legislature dont want their powers to be curbed and their actions made accountable. What is the Jan Lok Pal Bill the Bill has been drafted

[email protected],[email protected] Main Points 1) There shall be an institution known as Lokpal which shall consist of one Chairperson and ten members along with its officers and employees. The Lokpal shall be headed by its Chairperson.The Government will appoint the members of the Lokpal though Chairperson and members of Lokpal shall not be serving or former member of either the Parliament or the Legislature of any State and shall not hold any office or trust of profit 2) Funding - There shall be a separate fund by the name of Lokpal fund in which penalties/fines imposed by the Lokpal shall be deposited and in which 10% of the loss of Public Money detected/prevented on account of investigations by Lokpal shall also be deposited by the Government. The administrative expenses of the office of the Lokpal including all salaries, allowances and pensions payable to or in respect of persons serving in that office, shall be charged on the Consolidated Fund of India. 3) Appointment of the Lokpal A selection committee consisting of the following shall be set up which will have reprsentatives from the government,judiciary and civil socieity.The members shall have unimpeachable integrity with 4 members from the legal background. 4) Powers of Lokpal a) Initiate prosecution against public servants as well as those private entities b) Order cancellation or modification of a license or lease or permission or contract c) Blacklist the concerned firm or company or contractor d)Take necessary action to provide protection to a whistleblower e) Suo moto initiate appropriate action under this Act f) Power to Issue Search Warrants g) For the purpose of any such investigation (including the preliminary inquiry) the Lokpal shall have all the powers of a civil court h) Lokpal to be a deemed police officer i) , Lokpal may decide to impose a fine on the officials responsible for the non-compliance of its orders. j) Assess Number of Special Judges for Corruption in an Area k) Power to issue Letter of Rogatory

5) Functioning of Lokpal Lokpal shall function in benches of three or more members.Chairperson shall be responsible for overall administration and supervision of the institution of Lokpal 6) Punishments for offences: For offences mentioned in Chapter III of Prevention of Corruption Act, punishment shall not be less than five years which may extend upto life imprisonment. Provided that if the accused is any officer of the rank of Joint Secretary in the state or above or a Minister, the punishment shall not be less than ten years The Jan LokPal is a stringent law against corruption and will to strict and hard punishment for corruption doers while protecting whistle-blowers.This Law will be opposed tooth and nail by the executive and the legislature as it meant to punish wrong doers amongst them mainly.Note these 2 arms of the government are endangering Indian democracy with their flagrant violations of the law and massive corruption which has undermined the confidence of the Indian state amongst its citizens.I dont see much hope that this Law will get passed but it deserves the support of every responsible citizen.

Issue Prime Minister

The Jan Lokpal Bill[10] PM can be investigated with permission of seven member Lokpal bench.[clarification needed][17] Can be investigated, though high level members may be investigated only with permission of a seven member Lokpal bench.[clarification needed][17]

Government's Lokpal Bill[1] PM can be investigated by Lokpal after she/he vacates office.[21] Judiciary is exempt and will be covered by a separate "judicial accountability bill".[18]

Judiciary

Can be investigated, but Can be investigated with their conduct within Conduct of MPs permission of seven member Parliament, such as voting, Lokpal bench.[clarification needed][17] cannot be investigated.[18] All public servants would be Only senior officers (Group Lower [18] included. A) will be covered.[18] bureaucracy Anti-corruption The Anti-corruption wing of the The Anti-corruption wing of wing of the the CBI cannot be merged Central Bureau of CBI will be merged into the [18] Lokpal. into the Lokpal.[17] Investigation (CBI) Any person can bring a Any "aggrieved party" can Removal of raise a complaint to the Lokpal members complaint to the Supreme

Court, who can then recommend removal of any member to the President.[17] Complaints against Lokpal staff will be handled by independent Removal of boards set-up in each state, Lokpal staff and composed of retired officers bureaucrats, judges, and civil society members.[17] and Chair

President, who will refer the matter to the CJI.[17]

Lokpal will conduct inquiries into its own behaviour.[17]

Lokayukta

Whistleblower protection

Punishment for corruption

Investigatory powers

False, frivolous and vexatious complaints

All state anti-corruption Lokayukta and other local/state agencies would be closed anti-corruption agency would and responsibilities taken remain in place.[18] over by centralised Lokpal.[18] No protection granted to Whistleblowers are protected by whistleblowers by Lokpal Lokpal.[17] Mahima.[17] Lokpal can either directly impose penalties, or refer the Lokpal can only refer matter to the courts. Penalties matters to the courts, not can include removal from take any direct punitive office, imprisonment, and actions. Penalties remain recovery of assets from those equivalent to those in who benefited from the current law.[17] corruption.[17] Lokpal can obtain wiretaps ( to Lokpal can issue contempt make a connection to a orders, and has the ability to telegraph or telephone wire in punish those in contempt. order to obtain information No authority to obtain secretly), issue rogatory letters, wiretaps, issue rogatory and recruit investigating letters, or recruit officers. Cannot issue contempt investigating officers.[17] [17] orders. Lokpal can issue fines for Court system will handle frivolous complaints (including matters of frivolous frivolous complaints against complaints. Courts can give Lokpal itself), with a maximum 25 years imprisonment and penalty of Rs 100,000.[17] fines of Rs 25,000 to

200,000.[20] NGOs NGOs not within the scope due NGOs are within the scope to their role in exposing and can be investigat corruption.[19]

Critic Aruna Roy Magsaysay Award winner Aruna Roy who has said "Vesting jurisdiction over the length and breadth of the government machinery in one institution will concentrate too much power in the institution, while the volume of work will make it difficult to carry out its tasks". She and her colleagues at the National Campaign for People's Right to Information (NCPRI) have proposed an alternative mechanism consisting of five institutions.[73] Noted author and social activist Arundhati Roy was highly critical of Lokpal, stating "you could say that the Maoists and the Jan Lokpal Bill have one thing in common they both seek the overthrow of the Indian State", and "While his means may be Gandhian, Anna Hazare's demands are certainly not. Contrary to Gandhiji's ideas about the decentralisation of power, the Jan Lokpal Bill is a draconian, anti-corruption law, in which a panel of carefully chosen people will administer a giant bureaucracy,.."[74][75][76] In addition to the activists responsible for creating and organising support for the bill, a wide variety of other notable individuals have also stated that they support this bill. Spiritual leaders Sri Sri Ravi Shankar[44] and Yog Guru Ramdev[45] expressed support. Notable politicians who indicated support for the bill include Ajit Singh[46] and Manpreet Singh Badal[47] as well as the principal opposition party, Bharatiya Janta Party.[48][49] In addition, numerous Bollywood actors, directors, and musicians publicly approved of the bill.[50][51][52][53][54][55][56][57] Notable opposition to the activists' version of the Bill was expressed by HRD minister Kapil Sibal and other Congress leaders; Chief Minister of West Bengal Mamta Banerjee; Punjab Chief Minister and Akali Dal leader Prakash Singh Badal; Shiv Sena leader Bal Thackeray, and former Chief Justice of the Supreme Court Jagdish Sharan Verma.[58] Although BJP showed their support earlier, there were reports that BJP shared Congress's concern "over letting the civil society gain the upper hand over Parliament in lawmaking".[59] The All-India Confederation of SC/ST Organisations, representing the Dalits and backward castes, also 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. The matter of whether the Indian Prime Minister and higher judiciary should or should not be prosecutable by the Lokpal remains as one of the major issues of dispute. Anna's own nominee for co-chairing the joint panel Justice Verma, the former Chief Justice of the Supreme Court, has expressed his constitutional objections for including the Prime Minister and higher judiciary under Lokpal.[71] According to him, "this would foul with the basic structure of the constitution".[72]

According to the survey conducted by STAR News and Nielsen, 87% of the 8900 respondents of the survey supported the Jan Lokpal Bill. The survey conducted in 28 cities across the country, including all four metros mainly deals with three important points: publics knowledge about the Lokpal Bill; awareness about Annas campaign; and the perceived problems with the Jan Lokpal Bill.[87]

Over a million people joined the Times of India online anti-graft campaign, in one of the biggest ever voting exercises in the virtual world. The news analysis points that citizens want to make their voices heard and have found the platform offered by the campaign a viable one to do so.[88]