lokpal bill and anna hazare

1. TOPIC: Bill to Act: Case Study of Lokpal

2. CONTENTS
 Introduction
 Historical background
 Need of Lokpal
 Applicability in India
 Salient features of Lokpal
 Lokpal and Jan-Lokpal
 Critical Issues
 Achievements/failure/criticism/suggestion
 Conclusion

3. INTRODUCTION
 “corruption and hypocrisy ought not to be inevitable products of democracy”
‘Mahatma Gandhi’
 Ombudsman: A watchdog on Government, investigating and resolving
citizen’s complaints
 Lokpal: an Indian version of ombudsman office .
derived from the sanskrit word ‘loka’
The word ‘lokpal’ has
(people) and ‘pala’
(protector/caretaker). So the word ‘lokpal’means ‘protector of people’.

4. HISTORICAL BACKGROUND
 The institution of ombudsman originated in Scandinavian countries. The institution of ‘Ombudsman’ first came
into being in Sweden in 1713 when a ‘Chancellor of Justice’ was appointed by the King to act as invigilator to
look into the functioning of war-time government.
 Amongst other countries, New Zealand was the first country outside Scandinavian to institute an Ombudsman
in 1962. It has been adopted in a number of countries, such as Finland, 1919; Denmark, 1954; there are
Ombudsman offices in over 80 countries at the national provincial and local level.
 20th Century- In India, the Ombudsman is known as the Lokpal or Lokayukta. The concept of a constitutional
ombudsman was first proposed by the Law Minister Ashoke Kumar Sen in parliament in the early 1960s. The
term ‘Lokpal’ and ‘Lokayukta’ were coined by Dr. L. M. Singhvi as the Indian model of Ombudsman for
redressal of public grievances. It was passed in lok-sabha in 1968 but it was lapsed with the dissolution of Lok-
sabha.And since then many times it was passed in Lok-sabha but lapsed.

5. CORRUPTION
Everyone censures corruption at a societal
stage but that does not mean that anyone
has escaped from the flu of corruption
A 2005 study conducted by Transparency
International in India found that more than
62% of Indian had first-hand experience of
paying bribes or influence peddling to get
jobs done in public offices successfully
Prevention of CorruptionAct, 1988

6. 21th Century- Revolution
It was the time when people
across the country were fed up
and furious with reading news
about ‘corruption and Rape’this
led to the mass movement in
India Particularly in Delhi
headed by the social activist
‘Anna Hazare’.
Anna Hazare
He is social activist which led
the mass movement called
India against corruption and
did his fast till death if
government do not agree to
pass Lokpal Bill.
India Against
Corruption
The movement at Jantar
Mantar in Delhi opened the
eyes of the people sleeping or
who said that what a common
man can do.

7. NEED FOR LOKPAL
“Whereas”
 the Constitution of India established a democratic republic to ensure justice to all.
 Various institution of governance as well as democratic institution have worked to safeguard
participatory democracy.
 And whereas graft and corruption have become a serious disease to the society and governance.
 And whereas India is signatory to the United Nation Convention against corruption
 After independence, increasing magnitude of developmental and welfare responsibilities of the
government has boosted the proliferation of the administrative machinery. Consequently, over
the years numerous cases of corruption, maladministration and misuse of authority and
resources have started coming to light

8. APPLICABILITY IN INDIA
 Constitutional validity of Lokpal- No provision in the constitution of India.
 But Art- 253 says that parliament is empowered to enact laws on matters enforced in
international treaties and UN convention.
 On United Human rights Convention we enacted laws to establish National Human
Law Commission.
 Similarly, in 2003 UN on fighting corruption empowers parliament to make laws to
prevent corruption.

9. SALIENT FEATURES OF LOKPAL BILL 2011
 The Lokpal Bill provides for constitution of the Lokpal as an independent body to
enquire into cases of corruption against public functionaries, with a mechanism for
filing complaints and conducting inquiries etc. Followings are some important
features of Lokpal-
 Lokpal at the Centre and Lokayuktas at the levels of the states
 Lokpal will consist of a Chairperson and maximum of eight members, of which 50
percent shall judicial members and from SC/ST/OBCs, Minorities and Women.

10.  The selection of Chairperson and members of Lokpal shall be through a selection
committee consisting of Prime Minister , Speaker of Lok Sabha, Leader of
Opposition in the Lok Sabha, Chief Justice of India or a sitting Supreme Court judge
nominated by CJI, eminent jurist to be nominated by the President of India on the
basis of recommendations of the first four members of the selection committee.
 Lokpal’s jurisdiction will cover all categories of public servants.
 All entities receiving donations from foreign source in the context of the Foreign
Contribution Regulation Act (FCRA) in excess of Rs 10 lakh per year are brought
under the jurisdiction of Lokpal. Etc.

11. COMPARATIVE STUDY
The movement compelled the then ruling
Government to pass Lokpal. However the bill
introduced by the government was weak
according to Anna Hazare. Which again led to
the agitation among the people. There was a
huge difference between Government’s Lokpal
and Jan-Lokpal.

12. UNDERSTANDING THE DRAFTS OF GOVERNMENTAND CIVIL SOCIETY:
CRITICAL ISSUES
Government’s Lokpal
Prime Minister- PM kept out
purview
of Lokpal’s
Judiciary- Judiciary is also kept out of Lokpal
Jan-Lokpal
Lokpal should have power to
allegations of corruption against PM.
investigate
Special safeguards provided against frivolous
&mischievous complaints
Lokpal should have power to investigate
allegations of corruption against Judiciary.
Special safeguards provided against frivolous
&mischievous complaints

13. CONT..
this from
Government’s Lokpal
MPs- Government has excluded
Lokpal’s purview.
Central Bureau Investigation- Government
wants to retain its hold on CBI.
With 5 out
establishment,
of 10 members from ruling
6 politicians in selection
committee, ensured that only pliable& weak
people be selected
Search committee to be selected by selection
committee
No selection process provided
Jan-Lokpal
Lokpal should be able to investigate allegations that
any MP had taken bribe to vote or speak in Parliament
Anti-corruption branch of CBI should be merged into
Lokpal.
Broad based selection committee with 2 politicians, 4
judges and2independent constitutional authorities.
An independent search committee consisting of retired
constitutional authorities to prepare first list.
A detailed transparent selection process with PUBLIC
PARTICIPATION

14. CONT..
Government’s Lokpal
Accountability- Accountable to the Government. Only
government can seek removal of Lokpal.
Method of Enquiry-Cr PC being amended -Special
protection to the accused
After preliminary enquiry, all evidence provided to the
accused & hearing for why an FIR should not be regd.
against him.
After completion of investigations, again all evidence
provided &hearing for why a case should not be filed
against him in the court.
During investigations, if investigations are to be started
against any new persons, they would also be presented
with all evidence against them and heard.
Jan-Lokpal
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 and 136
Method would be the same as provided in Cr PC like in any
other criminal case.
After preliminary enquiry, an FIR will be registered.
After investigations, case will be presented before a court,
where the trial will take place.

15. ACHIEVEMENTS/FAILURE/CRITICISM
 Achievements-
Yes the achievement is that the Lokpal and lokayuktasAct, 2013 has been passed.
 Failure- Act passed-but not working
Supreme Court many times criticized the govt.
 Criticism- criticism on Government is that they can not tolerate criticism
Aseem Trivedi one of the cartoonists was arrested when he posted certain cartoons on
social website expressing his views on corruption.

16. CONCLUSION
 From the above stated discussions we may conclude that we all know that the biggest
disease of all is not disease but corruption. It does not mean that we are not corrupt. It
is a broad term and include many things. For example when parents say to a child to
hide his/her age when TT comes to check ticket.
 I believe that CBI should be independent otherwise we will hear of getting 15 lacks but
will get nothing.
 “Every revolution evaporates and only leaves behind the slime of a new bureaucracy”
Franz Kafka (1883-1924)