The Jan Lokpal Bill proposes establishing independent anti-corruption ombudsmen called Jan Lokpal at the central level and Jan Lokayuktas in each state. These bodies would investigate and prosecute cases of corruption in government departments in a time-bound manner. The bill also aims to provide protection and compensation to whistleblowers and citizens facing corruption. Selection processes and oversight mechanisms are proposed to ensure the independence and accountability of Jan Lokpal/Lokayukta members.
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(Seizure of property by an authority )
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
9. 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.
10. 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
11. 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.
12. 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
13. How to ensure that there is
no corruption within
Jan Lokpal or Jan Lokayukta?
14. 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)
15. 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.
16. 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
17. 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
18. 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
19. 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
20. 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
21. 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.
22. 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
23. 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.
24. 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