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Jan lokpal bill vs politics mani mishra


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Jan lokpal bill vs politics mani mishra

  1. 1. &
  3. 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. 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. 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
  6. 6. 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.
  7. 7.  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
  8. 8. 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
  9. 9. 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)
  10. 10.  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
  11. 11.  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
  12. 12. 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
  13. 13. 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
  14. 14. 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.
  15. 15. 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.
  16. 16. 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
  17. 17. 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.
  18. 18.  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
  19. 19.  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)
  20. 20. 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.
  21. 21.  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.
  22. 22. THANK YOU