Jan Lokpal Bill Essays

Jan Lokpal Bill Essays Jan Lokpal Bill Essay Jan Lokpal Bill Essay - Jan Lokpal Bill From Wikipedia, the free encyclopedia 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. [1] 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 theLokpal  (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 Hazares 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] Contents  Ã‚  [hide]   * 1  Background * 2  Key features of proposed bill * 3  Difference between governments and activist drafts * 3. 1  Highlights * 3. 2  Details * 4  Timeline of Lokpal and cost * 5  Campaign for the Jan Lokpal Bill * 5. 1  Fast Agitation – Phase 1 * 5.   Drafting Committee * 5. 3  Fast Agitation – Phase 2 * 5. 4  Notable supporters and opposition * 6  Criticisms of the Jan Lokpal Bill * 6. 1  Naive approach * 6. 2  Extra-constitutional * 6. 3  Scope * 6. 4  Criticism from Aruna Roy, Arundhati Roy and NCPRI * 7  Support for the Bill * 7. 1  Surveys * 7. 2  Legislator support * 7. 3  Social media * 7. 4  Online surveys * 8  Parliamentary actions on the proposed legislation * 9  See also * 10  References * 11  External links| - [edit]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, non-governmental 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 KongIndependent Commission Against Corruption  (ICAC). [14][15] - [edit]Key features of proposed bill Some important features of the proposed bill are :[9] 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 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. . Complaints against any officer of  Lokpal  will be investigated and completed within 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 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. - edit]Difference between governments and activist drafts [edit]Highlights Difference between Jan Lokpal Bill and Draft Bill 2010[16]| Jan Lokpal Bill (Citizens Ombudsman Bill)| Draft Lokpal Bill (2010)| Lokpal  will have powers to initiate  suo motu  action or receive complaints of corruption from the general public. | 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 have the power to initiate prosecution of anyone found guilty. Lokpal  will only be an Advisory Body with a role limited to forwarding reports to a Competent Authority. | L okpal  will have police powers as well as the ability to register FIRs. | Lokpal  will have no police powers and no ability to register an  FIR  or proceed with criminal investigations. | Lokpal  and the anti corruption wing of the CBI will be one independent body. | The CBI and  Lokpal  will be unconnected. | Punishments will be a minimum of 10 years and a maximum of up to life imprisonment. | Punishment for corruption will be a minimum of 6 months and a maximum of up to 7 years. [edit]Details The following table details differences between the Government and activist backed versions. [17][18][19] Comparison SlideShow uploaded by India Against Corruption. [20] Issue| The Jan Lokpal Bill[10]| Governments Lokpal Bill[1]| Prime Minister| PM can be investigated with permission of seven member Lokpal bench. [clarification needed][17]| PM can be investigated by Lokpal after she/he vacates office. [21]| Judiciary| Can be investigated, though high level members may be investi gated only with permission of a seven member Lokpal bench. clarification needed][17]| Judiciary is exempt and will be covered by a separate judicial accountability bill. [18]| Conduct of  MPs| Can be investigated with permission of seven member Lokpal bench. [clarification needed][17]| Can be investigated, but their conduct within Parliament, such as voting, cannot be investigated. [18]| Lower bureaucracy| All public servants would be included. [18]| Only senior officers (Group A) will be covered. [18]| Anti-corruption wing of theCentral Bureau of Investigation (CBI)| The Anti-corruption wing of the CBI will be merged into the Lokpal. 18]| The Anti-corruption wing of the CBI cannot be merged into the Lokpal. [17]| Removal of Lokpal members and Chair| Any person can bring a complaint to the Supreme Court, who can then recommend removal of any member to the President. [17]| Any aggrieved party can raise a complaint to the President, who will refer the matter to the CJI. [17]| Remova l of Lokpal staff and officers| Complaints against Lokpal staff will be handled by independent boards set-up in each state, composed of retired bureaucrats, judges, and civil society members. 17]| Lokpal will conduct inquiries into its own behaviour. [17]| Lokayukta| Lokayukta and other local/state anti-corruption agency would remain in place. [18]| All state anti-corruption agencies would be closed and responsibilities taken over by centralised Lokpal. [18]| Whistleblower  protection| Whistleblowers are protected by Lokpal. [17]| No protection granted to whistleblowers by Lokpal Mahima. [17]| Punishment for corruption| 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. [17]| Lokpal can only refer matters to the courts, not take any direct punitive actions. Penalties remain equivalent to those in current law. [17]| Investigatory powers| 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. [17]| 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. [17]| False, frivolous and vexatious complaints| Lokpal can issue fines for frivolous complaints (including frivolous complaints against Lokpal itself), with a maximum penalty of Rs 100,000. [17]| Court system will handle matters of frivolous complaints. Courts can give 2–5 years imprisonment and fines of Rs 25,000 to 200,000. [20]| NGOs| NGOs not within the scope due to their role in exposing corruption. [19]| NGOs are within the scope and can be investigated. [19]|