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Jan lokpal bill  indetail
 

Jan lokpal bill indetail

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    Jan lokpal bill  indetail Jan lokpal bill indetail Presentation Transcript

    • JAN LOKPAL BILL
      • Anna Hazare spearheaded a nationwide campaign to demand a strong anti-corruption law
      • Jan Lokpal Bill.
    • 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
    • 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.
    • 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 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
    • 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
    • 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
    • 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.
    • 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
    • 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
    • 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.
    • 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)
    • 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.
    • 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
    • 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
    • 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
    • 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
    • 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.
    • 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
    • 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.
    • Comparison
    • Comparison
    • Comparison
    • Comparison
    • Comparison
    • 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……
      • 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