Jan Lokpal

JAN LOKPAL BILL
The first Jan Lokpal Bill was introduced by Shanti Bhushan in 1968 and passed in the 4th Lok Sabha in 1969 but could not get through in the Rajya Sabha. Subsequently, Lokpal bills were introduced in 1971, 1977, 1985, 1989, 1996, 1998, 2001, 2005 and in 2008, yet they were never passed.[1]42 years after its first introduction, the Lokpal bill is still pending in India. The Administrative Reforms Commission (ARC) while recommending the constitution of Lokpal was convinced that such an institution was justified not only for removing the sense of injustice from the minds of adversely affected citizens but also necessary to instill public confidence in the efficiency of the administrative machinery. Following this, the Lokpal Bill was for the first time presented during the fourth Lok Sabha in 1968, and was passed there in 1969. However, while it was pending in the Rajya Sabha, the Lok Sabha was dissolved, and so the bill was not passed at that time.
What is the Jan Lokpal Bill, why it's important The Jan Lokpal Bill (Citizen's ombudsman Bill) is a draft anticorruption 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. Drafted by Justice Santosh Hegde (former Supreme Court Judge and present 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
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
4. The loss that a corrupt person caused to the government will be recovered at the time of conviction.
5. It will be the duty of the Lokpal to provide protection to those who are being victimized for raising their voice against corruption.
Lets understand
JAN LOKPAL BILL
Institution of Jan Lokpal at central govt level Jan Lokayukta in each state Correspondingly Jan Lokpal to accept corruption complaints against Central govt dept and Jan Lokayukta against state govt dept Each will have 10 members and 1 chairperson Will be completely Independent Politicians and bureaucrats will not able to interfere in their functioning Will get whatever financial resources they require and will be empowered to select and employ any number of employees from within the government or outside.
Corruption at High Levels

Present System - Despite Evidence, No Punishment
Proposed System - Jan Lokpal and Jan Lokayukta will ensure punishment for corruption by:
Time bound investigations

Investigation to be completed within 1 year May employ more staff to complete within time
Corruption at High Levels

After investigation if proven guilty following 2 actions shall be taken:
Power to dismiss corrupt officers

If complaint is proved, can remove a govt officer or impose departmental penalties
Time bound trial

Will file a case in trial court Trial in the court to complete & announce punishment within next 1 year May direct the govt to set up additional courts to complete the trial in time
Corruption at Low Levels

Common man is compelled to pay bribe
Jan Lokpal and Jan Lokayukta will provide relief to the common as:
Each govt dept will have to make Citizens Charter

Charter specifies who does what job and in how much time Eg. charter will tell X officer will make ration card in Y days
Corruption at Low Levels

The Vigilance Officer will have to Solve the grievance in 30 days Impose penalty on the guilty officers which will be given to the Complainant as compensation Start investigations of corruption against guilty
officers
How to ensure that there is no corruption within Jan Lokpal or Jan Lokayukta?
1. By ensuring that the right person is selected!

Selection process for the members and Chairperson of Jan Lokpal and Jan Lokayukta has been kept transparent and participatory Selected by a Selection Committee comprising: Prime Minister Leader of the opposition in Lok Sabha 2 youngest judges of Supreme Court (SC) 2 youngest Chief Justices of High Courts Comptroller and Auditor General (CAG) Chief Election Commissioner (CEC)
2. By ensuring that they work well!

Jan Lokpal and Jan Lokayukta are directly accountable to people & transparent
Every complaint will have to be heard

No complaint can be rejected without giving a hearing to the complainant. If any case is closed like this, all records relating to it will be made public
2. By ensuring that they work well!

Will have to publish every month on its website: Cases received and cases disposed Cases closed, reasons for closure List of cases pending
All records of all works will be open to the public, except some which: Affect national security Endanger the whistle blower Impede the process of ongoing investigation. But after investigation is complete, these will have to be disclosed
Comparison
CURRENT SYSTEM
PROPOSED JAN LOKPAL-JAN LOKAYUKTA SYSTEM Under Jan Lokpal Bill, the full bench of Lokpal will give permission to file a case against any judge. No permission will be required from Chief Justice of India. Therefore, corruption in higher judiciary will also be checked through Jan Lokpal Bill.
No FIR can be registered against any Supreme Court or High Court judge without the permission of Chief Justice of India. It has been seen in the past that the Chief Justice of India tries to protect his own fraternity of judges and rarely gives such a permission.
JUDGES SC & HC
Comparison
CURRENT SYSTEM
PROPOSED JAN LOKPAL-JAN LOKAYUKTA SYSTEM
PUNISHMENT
The quantum of punishment for people convicted of corruption ranges from: 6 months to 7 years of imprisonment which is inadequate!
The punishment will range from: 1 year rigorous imprisonment to life sentence. Higher punishment for those in higher rank.
Comparison
CURRENT SYSTEM
PROPOSED JAN LOKPAL-JAN LOKAYUKTA SYSTEM Jan Lokpal and Jan Lokayukta will be responsible for providing the whistleblowers, whether inside or outside the government, protection from: - Professional threat or victimisation - Physical threat or victimisation
Whistleblowers
Currently, people who report corrupt practices or raise their voice against corruption are being threatened, victimized and even murdered. There is no protection for them.
People supporting the cause

Anna Hazare, a Gandhian rights activist, had started a fast unto death at Jantar Mantar in New Delhi demanding the passing of the bill. Hazare called off his hunger strike on the 9th of April, 2011 bringing to an end his 98hour protest after the government issued a gazette notification constituting a 10-member Joint Committee of government ministers and civil society activists, including him, to draft a bill for the creation of an effective Lokpal. Thousands of people from all over India, especially the youth, supported Anna Hazare's cause by candle light marches and online campaigns through social media.
Recently Yoga guru, Swami Ramdev, was on a fast for this cause for 9 consecutive days from 4 June - 12 June 2011. He wanted the Government of India to accept various demands which mainly included those related to the Lokpall bill.
But now some people are saying(criticism)

.Prime Minister should not be covered under Jan Lokpal!
Judiciary should not be covered under Jan Lokpal.

Peoples Grievances will overburden them. Lokpal should only investigate a few high profile cases of corruption! ..Lokpal should not be given the responsibility of protecting the whistleblowers!
CBI, CVC and departmental vigilance should not be merged into Lokpal Let Lokpal be a small body and let the existing anti-corruption bodies keep functioning in ineffective manner as they are

Jan Lokpal

Uploaded by

Copyright:

Available Formats

Jan Lokpal

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Jan Lokpal

Uploaded by

Copyright:

Available Formats

JAN LOKPAL BILL

JAN LOKPAL BILL

Corruption at High Levels

Time bound investigations

Corruption at High Levels

Power to dismiss corrupt officers

Time bound trial

Corruption at Low Levels

Each govt dept will have to make Citizens Charter

Corruption at Low Levels

1. By ensuring that the right person is selected!

2. By ensuring that they work well!

Every complaint will have to be heard

2. By ensuring that they work well!

People supporting the cause

But now some people are saying(criticism)

Judiciary should not be covered under Jan Lokpal.

You might also like