INDIA AGAINST CORRUPTION

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

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

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

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

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

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

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

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.

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

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

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

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

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

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INDIA AGAINST CORRUPTION

by AAR VEE

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