Jan lokpal (2)

Lokpal Bill
...Understanding the Drafts of Government and Civil Society

Civil Society’s Draft
Government’s Draft

Government’s Lokpal
Mockery of Criminal Jurisprudence?
After Preliminary Enquiry
Accused given a Hearing before filing an FIR
to explain why an FIR should not be registered against him.
If during investigations, any new persons emerge involved
they too would be presented with evidence against them & given hearing
After completion of investigations,
presented evidence & again given a hearing
to explain why a case should not be filed in the court
[Section 23, 24of Govt Bill]

???

Sympathetic to the Corrupt rather than Citizens?
A Corrupt Government Officer
A Citizen
Complain against a government officer’s corruption to Lokpal
Can file a Cross Complaint directly to theSpecial Court without Preliminary Enquiry
that whether complain was frivolous
Has to defend himself in court
Given free advocate
If complain proved frivolous getsminimum 2 years jail !!!
Ifcorruptionproved gets minimum 6 months jail
[Section 50,51 of Govt Bill]

Does not cover all those who may be corrupt…
But covers all those who may raise a voice against corruption?
0.05 %
100%
Jurisdiction
Only 65,000 out of total 1.2 croreGovt employees
Only Group A Central Govtemployees
No lower Bureacracy
All NGOs, Societies, Trusts ,
even unregistered at the grassroots
[Section 17 (1) (e) of Govt Bill]

Critical Issues – Selection of Lokpal Members
Broad based selection committee
2 politicians, 4 judges & 2 independent constitutional authorities.
Independent Search committee
Detailed transparent selection process with PUBLIC PARTICIPATION
5 out of 10 members from ruling government
Search committee to be selected by Selection committee itself
No clear selection process provided
Government’s will be able to appoint its own Lokpal members & Chairperson.
Earlier agreed to Selection committee, Selection process,
Disagreement only on composition of Search committee –
(Joint Committee meeting, 7th May)

Government’s Draft – Selection Committee

Civil Society’s Draft – Selection Committee

Government’s Draft – Search Committee

Civil Society’s Draft –
Search Committee

Critical Issues
Delegation of Powers
Lokpal members will only hear cases against senior officers and politicians or cases involving huge amounts.
Rest of the work will be done by officers working under Lokpal
All work will be done by 11 members of Lokpal. Practically no delegation.
Financial Independence
Lokpal 11 members collectively will decide how much budget do they need
Finance ministry will decide the quantum of budget

Critical Issues – Accountability(Lokpal Members)
Accountable to the PEOPLE
Any Citizen can make a complaint to Supreme Court and seek removal.
Judicial review over the actions of the Lokpal by the High Courts under Article 226 and the Supreme Court under Article 32 & 136
Accountable to the Government.
Only government can
seek removal of Lokpal
Both Selection and Removal of Lokpal in Government’s control
Puppet in government’s hands

Critical Issues – Accountability(Lokpal Staff)
Government’s Lokpal is accountable
Either to ITSELF or the GOVT.
We suggested accountability of Lokpal
Directly to PUBLIC

Critical Issues – Merge CBI
CBI misused by government for political motives
Recently, govt exempted CBI from RTI
What happens to the cases pending with CBI?
If same complaint made to both Lokpal & CBI?
If CBI is doing a dishonest investigation, can Lokpalcall for the file from CBI midway?
Annual budget of CBI - 300 crores, no less!

Critical Issues
Tap Phones
Home Secretary
would grant permission
Lokpal bench will grant
permission to do so
Prevent ongoing Corruption
Lokpal will have a duty to take steps to prevent corruption in any ongoing activity, if brought to his notice. If need be, Lokpal will obtain orders from High Court.
No such duties &
powers of Lokpal
2G is believed to have been known while the process was going on.
Shouldn’t some agency have a duty to take steps to
stop further corruption rather than just punish people later?

Critical Issues
Punishment
Maximum punishment life imprisonment
Quantum of punishment with rank
Higher fines for accused business entities
If successfully convicted, a business entity blacklisted from future contracts.
None of these accepted. Only maximum punishment raised to 10 years.
Dismissal of Corrupt Government Servant
After completion of investigations, in addition to filing a case in a court for prosecution, bench of Lokpal will hold open hearings & decide whether to remove the government servant from job.
The minister will decide whether to remove a corrupt officer or not. Often, Ministers are beneficiaries of corruption of senior officers

Critical Issues – Grievance Redressal
Government had earlier agreed to it!
(Joint committee meeting, 23rd May)
Unfortunately have gone back on this decision.

Civil Society’s Draft –Grievance Redressal

Critical Issues – Whistleblower Protection
Protection for whistleblowers is being provided through a separate law.
That law so bad - Trashed by Standing Committee of Parliament –
headed by Ms JayanthiNatrajan.
Earlier agreed that Lokpal would be given the duty of providing protection to whistleblowers under the other law, & that law would also be discussed & improved in Joint Committee only
(Joint Committee meeting, 23rd May)

Critical Issues – MPs
Article 105(2)gives them Freedom to Vote or Speak in Parliament,
Not Freedom for taking Bribe for doing so!
Self – regulation an oxymoron – No MP convicted ever!
Recommendation by National Commission to review
the Working of the Constitution, set up in the year 2000

Critical Issues – Prime Minister
No immunity to PM, only President as per our constitution to maintain ‘stability of state’
Corruption by PM can be/has been investigated, under Prevention of Corruption Act
If PM exempted, then all offices/ministries under PM also exempt
Lokpal not “above” PM just as a Group B Income Tax officer checking his IT returns isn’t
Flip flop in government’s own position

Critical Issues – Judiciary
Government wants it to be included in Judicial Accountability Bill (JAB)...

Critical Issues – Judiciary
Judicial Accountability Bill (JAB), drafted by the government:
Does not talk of bribery by the judges – only “misbehavior”
Permission to enquire against a judge will be given by a
3 member committee, 2 judges & a retired Chief justice
of the same court
National Oversight Committee, to be created through
JAB will not have police and investigative powers, which Lokpal would have. Therefore, the two bills complement each other.
Even if judicial corruption were included in JAB, not clear when would an effective JAB be enacted?

Critical Issues
Special Benches in High Court
High Courts will set up special benches to hear appeals in corruption cases to fast track them, as a study shows it takes 25 years for appeal process typically.
No such provision
Amendments to CrPC
On the basis of past experience on why anti-corruption cases take a long time in courts and why do our agencies lose them, some amendments to CrPC have been suggested to prevent frequent stay orders.
Not included

Critical Issues – Lokayukta
According to Mr PranabMukherjee, some of the CMs have objected
State Information Commissions were also set up under RTI Act
through single Act only.

A Lokpal to Protect Corruption?Or A Lokpal to Prevent Corruption??
Let us not let down the people of the country!

Jan lokpal (2)

by Shivendra Chauhan on Jul 09, 2011

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