Jan Lokpal Bill

The Jan Lokpal Bill, 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. The Jan Lokpal Bill aims to effectively deter corruption, redress grievances of citizens, and protect whistle-blowers. If made into law, the bill would create an independent ombudsman body called the Lokpal . It would be empowered to register and investigate complaints of corruption against politicians and bureaucrats without prior government approval. 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.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.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" The Lokpal bill was first introduced by Shanti Bhushan in 1968 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. 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). Salient features of Jan Lokpal Bill 1. 2. An institution called LOKPAL at the centre and LOKAYUKTA in each state will be set up 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 months 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 wont the government appoint corrupt and weak people as Lokpal members? That wont 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.

Difference between Jan Lokpal Bill and Draft Bill 2010 Jan Lokpal Bill Lokpal will have powers to initiate suo motu action or receive complaints of corruption from the general public.

Lokpal will have the power to initiate prosecution of anyone found guilty. Lokpal will have police powers as well as the ability to register FIRs. Lokpal and the anti corruption wing of the CBI will be one independent body. Punishments will be a minimum of 10 years and a maximum of up to life imprisonment.

Draft Lokpal Bill 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. Lokpal will only be an Advisory Body with a role limited to forwarding reports to a "Competent Authority". Lokpal will have no police powers and no ability to register an FIR or proceed with criminal investigations. The CBI and Lokpal will be unconnected. Punishment for corruption will be a minimum of 6 months and a maximum of up to 7 years.

details differences between the Government and activist backed versions Issue Prime Minister Judiciary The Jan Lokpal Bill PM can be investigated with permission of seven member Lokpal bench Can be investigated, though high level members may be investigated only with permission of a seven member Lokpal bench Can be investigated with permission of seven member Lokpal bench All public servants would be included The Anti-corruption wing of the CBI will be merged into the Lokpal Any person can bring a complaint to the Supreme Court, who can then recommend removal of any member to the President Complaints against Lokpal staff will be handled by independent boards set-up in each state, composed of retired bureaucrats, judges, and civil society members. Lokayukta and other local/state anticorruption agency would remain in place Whistleblowers are protected by Lokpal 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 Lokpal can obtain wiretaps ( to make a connection to a telegraph or telephone wire in order to obtain information Government's Lokpal Bill PM can be investigated by Lokpal after she/he vacates office Judiciary is exempt and will be covered by a separate "judicial accountability bill" Can be investigated, but their conduct within Parliament, such as voting, cannot be investigated Only senior officers (Group A) will be covered The Anti-corruption wing of the CBI cannot be merged into the Lokpal Any "aggrieved party" can raise a complaint to the President, who will refer the matter to the CJI Lokpal will conduct inquiries into its own behaviour

Conduct of MPs

Lower bureaucracy Anti-corruption wing of the Central Bureau of Investigation (CBI) Removal of Lokpal members and Chair

Removal of Lokpal staff and officers

Lokayukta

Whistleblower protection Punishment for corruption

All state anti-corruption agencies would be closed and responsibilities taken over by centralised Lokpal No protection granted to whistleblowers by Lokpal Mahima Lokpal can only refer matters to the courts, not take any direct punitive actions. Penalties remain equivalent to those in current laws

Investigatory powers

Lokpal can issue contempt orders, and has the ability to punish those in contempt. No authority to obtain

False, frivolous and vexatious complaints

NGOs

secretly), issue rogatory letters, and recruit investigating officers. Cannot issue contempt orders Lokpal can issue fines for frivolous complaints (including frivolous complaints against Lokpal itself), with a maximum penalty of Rs 100,000 NGOs not within the scope due to their role in exposing corruption

wiretaps, issue rogatory letters, or recruit investigating officers Court system will handle matters of frivolous complaints. Courts can give 2 5 years imprisonment and fines of Rs 25,000 to 200,000. NGOs are within the scope and can be investigated

Criticism from Aruna Roy, Arundhati Roy and NCPRI 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,

Differences between Jan Lokpal and Governments Lokpal Bill A Comparison

1. Accountability of the Lokpal Jan Lokpal: Any Citizen can go and complaint to Supreme Court to remove a Lokpal if the Lokpal is not found to be accountable in his/her actions. Government Lokpal: Only Government has the power to remove a Lokpal. 2. Corruption allegations against Lokpal Members Jan Lokpal: Complaints of corruption against Lokpal members will be heard by an independent authority. Government Lokpal: Lokpal itself will hear complaints of corruption against its members! 3. Probe corruption allegations against MPs in Parliament Jan Lokpal: Lokpal will have the power to probe into allegations of corruption by Members in Parliament like MPs taking bribe to vote! (Remember the Cash for Votes Scandal? ) Government Lokpal: Lokpal will not have any right to probe into allegations of corruption by MPs in the Parliament! 4. Complaints against Government Officers, Public Servants Jan Lokpal: Lokpal can act on complaints against ANY government officer.

Government Lokpal: Lokpal can act on complaints against only Group A level government officers. 5. Action against government officers Jan Lokpal: If a government officer delays the work of a citizen beyond scheduled time frame then he will be deemed corrupt by Lokpal and penalized for that. Government Lokpal: There is no penalization of government officers who do not do their duties. 6. Corruption allegation against Judiciary Jan Lokpal: Lokpal will have the authority to investigate allegations of corruption against judges. Government Lokpal: Lokpal will NOT have the authority to investigate allegations of corruption against judges. 7. Corruption allegations against Prime Minister Jan Lokpal: Lokpal will have the authority to investigate allegations of corruption against the Prime Minister. Government Lokpal: Lokpal will NOT have the authority to investigate allegations of corruption against the Prime Minister. 8. Anti Corruption Branch of CBI Jan Lokpal: The Anti Corruption Branch of CBI will be merged with Lokpal to give it more independence. Government Lokpal: The Anti Corruption Branch of CBI will continue to remain with CBI, which means direct government control over it, because CBI is controlled by government. 9. Dismissal of Corrupt Public Servant Jan Lokpal: Lokpal will have the power to dismiss a corrupt public servant from job. Government Lokpal: Lokpal will have no power to dismiss a corrupt public servant. The concerned minister will decide whether to dismiss a corrupt public servant or not. 10. Protection against false complaints Jan Lokpal: Lokpal will impose fine to those who make false complaints or ill motivated complaints. Lokpal will decide whether a complaint is false or not. Government Lokpal: Lokpal will send those who make false complaints to jail for a period of two to five years! The accused can also go to court against the complainant, and in this case, the legal expenses of the accused will be borne by the government, where as the complainant has to pay for the legal expenses from his own pocket. 11. Selection of the Lokpal Members Jan Lokpal: An independent search committee which consists of retired constitutional authorities (like judges, eminent IAS officers etc) will prepare the first list of eligible candidates. Then an independent selection committee comprising of two politicians, four judges and two retired constitutional authorities will do the selection. So there is no scope for government interference in the selection process of Lokpal members here. Government Lokpal: A Panel of 10 members, 6 of whom are politicians, 5 of whom are from the ruling alliance/ruling party will select the Lokpal members. Even the search committee which searches for eligible lokpal members will be selected by the above mentioned selection committee. 5 members from ruling alliance and totally 6 politicians in a group of 10 will ensure that government will be able to appoint its own people to Lokpal!

12. Establishment of Lokayuktas Jan Lokpal: There will also be Lokayuktas established at each state level with powers similar to Lokpal. These Lokayuktas will probe into corruption at a state government level against ministers, MLAs and state government officials. Government Lokpal: No establishment of any Lokayuktas through Lokpal Bill. 13. Method of Enquiry Jan Lokpal: Enquiry will be done just like in any other criminal case. After preliminary enquiry FIR will be registered, and after that investigations will be done, and then the trial will be held in the courts. Government Lokpal: After preliminary enquiry, before filing FIR all evidence collected so far should be presented to the accused, and he should be asked why an FIR should not be filed against him based on that evidence! After investigations, before filing a case against the accused, again all evidences collected so far should be presented to the accused, and he should be asked again as to why a case should not be filed against him!