Janlok-Pal

1. &

2. AGENDA
POLITICS & INDIAN POLOTICAL SCENARIO
CURRENT ANTI-CORRUPTION LAWS AND ORGANIZATIONS
ANTICURROPTION BILLS
JANLOKPAL BILL
COMPARISONS
SHORTCOMING IN JANLOKPAL
CONCLUSION & FINIDINGS

3. POLITICS & INDIAN POLITICAL SCENARIO
 Politics: Art of gaining power & craft of retaining
power
 Power corrupts & absolute power corrupts
absolutely.
 India is the biggest Democracy in the world
 Politics in India takes place within the framework of
a constitution.
 India is a federal
parliamentary democratic republic in which the
President of India is head of state and the Prime
Minister of India is the head of government.
Nominally, executive power is exercised by the
president and is independent of the legislature.

4.  Legislative power is vested in both the
government and the two chambers of the
Parliament of India, the Lok Sabha and the Rajya
Sabha. Federal and state elections generally take
place within a multi-party system, although this is
not enshrined in law.
 The judiciary is independent of the executive and
the legislature, the highest national court being
the Supreme Court of India.
 India is as a nation has been labelled as a
"sovereign socialist secular democratic republic"
which is "egalitariansecular".

5. CURRENT INDIAN POLITICAL SCENARIO
 Transparency International survey report of
2005 says that more than 62% of Indians
had firsthand bribe experience
 In 2012 survey INDIA ranked 94th out of
176 countries.
 In 2012 India has ranked 94th out of 176
countries in Transparency International's
Corruption Perceptions Index

7. CURRENT ANTI-CORRUPTION LAWS
AND ORGANIZATIONS
 Central Vigilance Commission (CVC)
 Anti corruption Department of CBI
 These agencies are not so effective due to
limitations of staff and sufficient powers to
prosecute against corrupt government officials
 Currently these are not independent of the
government and free from ministerial influence
in its investigations.

8.  Indian Penal Code, 1860
 Prosecution section of Income Tax
Act,1961
 The Prevention of Corruption Act, 1988
 The Benami Transactions (Prohibition)
Act, 1988 to prohibit benami
transactions.
 Prevention of Money Laundering Act
2002

9. JOURNEY OF LOKPAL BILL IN
INDIAN POLITICS
 The Lokpal Bill was first introduced by Adv. Shanti
Bhushan in 1968 and passed the 4th Lok Sabha in
1969. But before it could be passed by Rajya Sabha,
the Lok Sabha was dissolved and the bill lapsed.
 Subsequent versions were re-introduced in 1971,
1977, 1985, 1989, 1996, 1998, 2001, 2005, 2008 and in
2011, but none of them were passed.
 The Lokpal Bill was finally passed on 17 Dec 2013 in
the Rajya Sabha and in the Lok Sabha on 18
December 2013

10. JANLOKPAL BILL
 Institution of
◦ Jan Lokpal - at central govt
level
◦ Jan Lokayukta - at state level
 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 (50% from Judiciary)

11.  Will be completely Independent
 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.
 Time bound investigations
 Power to dismiss corrupt officers

12.  Time bound trial
 Recovery of loss caused to government.
 Provision for Confiscation of Assets
 If undeclared assets are found, a case will be
registered
 Power to punish if its orders are not followed

13. Timeline and cost
 The Lokpal Bill has been introduced in the
Parliament a total of eight times since 1968.
 1968 – 2 lakh
 1971 – 20 lakh
 1977 – 25 lakh
 1985 – 25 lakh
 1989 – 35 lakh
 1996 – 1 crore
 2001 – 35 crore
 2011 – 1700 crore
 2012 – 2050 crore
 2013 – 2100 crore

14. COMPARISON
CURRENT SYSTEM JAN LOKPAL-JAN LOKAYUKTA
SYSTEM
JUDGES–SC&HC
No FIR can be registered
against any Supreme
Court or High Court judge
without the permission of
Chief Justice of India.
It has been seen in the
past that the Chief Justice
of India tries to protect
his own fraternity of
judges and rarely gives
such a permission.
Under Jan Lokpal Bill, the full bench
of Lokpal will give permission to file
a case against any judge.
No permission will be required from
Chief Justice of India. Therefore,
corruption in higher judiciary will
also be checked through Jan Lokpal
Bill.
14

15. COMPARISON
15
CURRENT SYSTEM JAN LOKPAL-JAN LOKAYUKTA
SYSTEM
PUNISHMENT
The quantum of
punishment for
people convicted of
corruption ranges
from:
6 months to 7 years
of imprisonment
which is inadequate!
The punishment will range
from:
1 year rigorous
imprisonment to life
sentence.
Higher punishment for
those in higher rank.

16. COMPARISON
16
CURRENT SYSTEM JAN LOKPAL-JAN LOKAYUKTA
SYSTEM
EVIDENCE
In the current
system, if anyone
obtains any benefit
from the
government
illegally, it is
difficult to prove
that the person did
so by paying bribes
If a person obtains any
benefit from the government
in violation of a law or rules
and regulations, that person
along with concerned public
servants shall be deemed to
have indulged in corrupt
practices.

17. COMPARISON
17
CURRENT SYSTEM JAN LOKPAL-JAN LOKAYUKTA
SYSTEM
Whistleblowers
Currently, people who
report corrupt
practices or raise their
voice against
corruption are being
threatened, victimized
and even murdered.
There is no protection
for them.
Jan Lokpal and Jan Lokayukta will
be responsible for providing the
whistleblowers, whether inside
or outside the government,
protection from:
- Professional threat or
victimisation
- Physical threat or ictimisation

18. COMPARISON
18
CURRENT SYSTEM JAN LOKPAL-JAN LOKAYUKTA
SYSTEM
MultipleAnti-Corruption
Agencies
Presently there are
multiple anti-
corruption agencies
like: CBI, CVC, ACB,
state vigilance
department
All these are
controlled by corrupt
officials and
politicians and are
ineffective.
At central govt level,
Anti-corruption branch of CBI,
CVC and all internal vigilance
wings of all dept will be
merged into Jan Lokpal.
At state level,
Anti-corruption branch of state
police, the state vigilance
department, internal vigilance
wings of all departments and
existing Lokayuktas in states
will be be merged into Jan
Lokayukta of that state.

19.  The Bill as passed by the Lok Sabha left the
selection of the Lokpal essentially in the hands of the
government. It also left the accountability of the
Lokpal in government hands, thus completely
compromising the independence of the Lokpal
 Equally importantly, this bill left the Lokpal’s
corruption investigations in the hands of a
government controlled CBI
 Also, the bill did not contain even a single one of the
3 provisions which the Parliament had unanimously
promised Anna Hazare before he broke his fast. Only
group A public servants and not all were brought
within the Lokpal’s purview

20.  There was no provision for a State Lokayukta’s in
this bill
 There was no mention of a citizens charter.
 The investigation of the Lokpal was crippled by the
need to first have a preliminary inquiry where the
accused public servant would have to be heard (thus
allowing him to destroy evidence) before even the
FIR could be registered.
 And if a person whose complaint was labeled
“frivolous or vexatious” by this government
controlled Lokpal could be imprisoned for upto 5
years (even more than the punishment for
corruption)

21. CONCLUSION AND FINDINGS
 The jan lokpal bill as drafted by the civil society was
an efficient tool to eradicate corruption from grass-
root level.
 But lokpal bill passed by Govt. of India is an
amended version of it.
 Political parties have realised that they have lost
credibility and need to restore it before 2014
elections, therefore they passed an ammended
version of Lokpal to win public sympathy.
 The victory of the AAP made them realise that the
people had reached the end of their patience and were
looking for change.

22.  The victory of the AAP made them realise
that the people had reached the end of their
patience and were looking for change.
 The Congress hopes that this Lokpal bill
along with the welfare measures like
MNREGA, the Food security bill and land
acquisition bill might come to its rescue in
the 2014 polls.

23. THANK YOU