Jan Lokpal Bill - English
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Jan Lokpal Bill - English

Jan Lokpal Bill - English

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Jan Lokpal Bill - English Presentation Transcript

  • 1. JAN LOKPAL BILL
  • 2.
    • Anna Hazare spearheaded a nationwide campaign to demand a strong anti-corruption law
    • Jan Lokpal Bill.
  • 3. Let’s 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
  • 4. Let’s understand JAN LOKPAL BILL
    • 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.
  • 5. 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
  • 6. 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
  • 7. Corruption at High Levels
    • Provision for:
    • Recovery of loss caused to govt
      • During investigations, they shall ban transfer of assets of the accused
      • At the time of conviction, the court will assess the loss caused to the govt
      • Entire loss to be recovered from the assets of the accused
      • Currently no such provision
      • in our existing laws
  • 8. Corruption at High Levels
    • Provision for:
    • Confiscation of Assets
      • Each bureaucrat, politician and judge to submit their statement of moveable and immoveable assets every year
      • This will be declared publicly , on the official website
  • 9. Corruption at High Levels
    • Provision for:
    • Confiscation of Assets
      • If an asset is found to be owned by a public servant later and undeclared, it will be deemed to be obtained through corruption
      • After each election, assets declared by each candidate to be verified
      • If undeclared assets are found , a case will be registered
  • 10. Corruption at High Levels
    • And most importantly Jan Lokpal and Jan Lokayukta have:
    • Power to punish if its orders are not followed
        • Can impose financial penalties on the guilty officials.
        • Initiate contempt proceedings against the guilty officials.
  • 11. 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 Citizen’s 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
  • 12. Corruption at Low Levels
    • If Charter is not followed , then people can complain to the Head of that department who will be designated as the Public Grievance Officer (PGO)
    • PGO will redress the complaint within 30 days maximum
  • 13. Corruption at Low Levels
    • If PGO doesn’t satisfy the complainant, then a complaint can be made to the Vigilance officer of Jan Lokpal and Jan Lokayukta.
    • When a complaint is made to Jan Lokpal or Jan Lokayukta, it will be deemed to have corruption angle.
  • 14. 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
  • 15.
    • How to ensure that there is
    • no corruption within
    • Jan Lokpal or Jan Lokayukta?
  • 16. 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)
  • 17. 1. By ensuring that the right person is selected!
    • The Selection Committee will make the above appointment from a pool of shortlisted candidates that has been identified by a Search Committee
    • Search Committee is a 10-member committee formed as follows:
      • Selection Committee selects 5 members from retired Chief Election Commissioners and retired CAGs.
      • These 5 members will select another 5 members from civil society to make the 10-member Search Committee.
  • 18. 1. Ensuring that the right person is selected!
    • When the Selection Committee chooses, those CECs and CAGs are ineligible to become part of Search Committee:
      • who have any substantive allegation of corruption against them
      • who have joined any political party after retirement
      • who are still in any government appointment
  • 19. 1. Ensuring that the right person is selected!
    • Search Committee will invite recommendations from various eminent people from reputed institutions
      • Like for instance Directors of IITs ,IIMs , Editors and many others.
    • Names will be put up on a website and public feedback invited
    • Search committee will choose 3 times the number of vacancies , by consensus
  • 20. 2. Ensuring that the right person is selected!
    • Selection committee will choose from this list, by consensus
    • All the meetings of the Search Committee and Selection Committee shall be video recorded and will be made public.
    • Jan Lokpal and Jan Lokayukta will select & appoint its own officers and staff
  • 21. 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
  • 22. 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
  • 23. 3. By ensuring that Jan Lokpal and Jan Lokayukt are not influenced !
    • The Chairperson and members of Lokpal and Lokayukta will not be eligible for appointment to any position in the govt or for contesting elections after they leave office.
  • 24. 4. By ensuring that if not working well, can be removed!
    • Complaints against Staff like the Public Grievance Officers, Vigilance Officers, Chief Vigilance Officers will be made to Jan Lokpal or Jan Lokayukta
      • Enquiry of complaint within 1 month
      • If the allegation proved, Jan Lokpal or Jan Lokayukt will dismiss him from job in the next 1 month
      • Criminal case will be registered under various sections of Indian Penal Code and Prevention of Corruption Act
  • 25. 4. By ensuring that if not working well can be removed!
    • Complaints against members and chair person of Lokpal and Lokayukta:
    • Will be made to Supreme Court or respective High Court through a petition
    • A five judge bench of respective Court, will hear the petition
    • After hearing may order the formation of a Special Investigation Team (SIT)
    • SIT will have to conduct inquiry and submit its report within 3 months
    • On the basis of this enquiry report, the respective Court may order removal of the member or Chairperson.
  • 26. Comparison
  • 27. Comparison
  • 28. Comparison
  • 29. Comparison
  • 30. Comparison
  • 31. But now some people are saying……
    • …… . Prime Minister should not be covered under Jan Lokpal!
    • Judiciary should not be covered under Jan Lokpal…….
    • People’s 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……
  • 32.
    • What do you think?
    • Please raise your voice
    • Don’t keep silent
    • Write to the newspapers and TV channels in your area and tell them what do you want
  • 33. Give us Suggestions on Jan Lokpal Bill…
    • By email: [email_address]
    • Or
    • By post : A-119, First Floor, Kaushambi, Ghaziabad, Uttar Pradesh: 201010
    • 2.2 Version of Jan Lokpal Bill can be downloaded from www.indiaagainstcorruption.org
    • Join the movement
      • send a missed call at 022-61550789
      • facebook.com/indiacor
    •