3. What is Janlokpal Bill?
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The prefix Jan (translation: citizens) signifies that these
improvements include inputs provided by "ordinary
citizens" through an activist-driven, non-governmental
public consultation.
1) The Jan Lokpal Bill, also referred to, an anticorruption bill drafted and drawn up by civil society
activists in India
2) The appointment of a Jan Lokpal, which is an
independent body that would investigate corruption
cases, complete the investigation within a year and trial
the case the following year.
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5. Key Features of Janlokpal Bill
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To establish a central government anti-corruption
institution called Lokpal, supported by Lokayukta at the
state level.
As is the case with the Supreme Court of
India and Cabinet Secretariat, the Lokpal will be
supervised by the Cabinet Secretry and the Election
Commission. As a result, it will be completely
independent of the government and free from ministerial
influence in its investigations.
Members will be appointed by judges, Indian
Administrative Service officers with a clean record,
private citizens and constitutional authorities through a
transparent and participatory process.
A selection committee will invite short-listed candidates
for interviews, the video recordings of which will
thereafter be made public.
Every month on its website, the Lokayukta will publish a
list of cases dealt with, brief details of each, their outcome
and any action taken or proposed. It will also publish lists
of all cases received by the Lokayukta during the previous
month, cases dealt with and those which are pending.
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Investigations of each case must be completed in one year. Any resulting
trials should be concluded in the following year, giving a total maximum
process time of two years.
Losses to the government by a corrupt individual will be recovered at the
time of conviction.
Government office-work required by a citizen that is not completed within a
prescribed time period will result in Lokpal imposing financial penalties on
those responsible, which will then be given as compensation to the
complainant.
Complaints against any officer of Lokpal will be investigated and completed
within month and, if found to be substantive, will result in the officer being
dismissed within two months.
The existing anti-corruption agencies [CVC], departmental vigilance and
the anti-corruption branch of the [CBI] will be merged into Lokpal which
will have complete power authority to independently investigate and
prosecute any officer, judge or politician.
Whistle-blowers who alert the agency to potential corruption cases will also
be provided with protection by it.
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8. Why do we need Janlokpal Bill
There are several deficiencies in our anti-corruption systems because of which despite overwhelming
evidence against the corrupt, no honest
Investigation and prosecution takes place and the corrupt are hardly punished. The whole anti-corruption set
up ends up protecting the corrupt.
The following four deficiencies stand out in our anti-corruption system. For details on deficiencies in our anticorruption systems.
a.Lack of Independence:
Most of our agencies like CBI, state vigilance departments. Anti corruption Branch of state
police etc are not independent. In many cases,They have to report to the same people who are
either themselves accused or are likely to be influenced by the accused.
. The Chief Minister of Punjab is the Minister in charge of Vigilance Department of Punjab.
Interestingly, the same vigilance department Is also investigating charges ofcorruption against
himself and his family and is prosecuting them. Can we expect the vigilance department
To do any honest investigation or prosecution?
Huge unaccounted cash being recovered from the house of a top NHAI officer. Kamal Nath
denied permission to register a case of corruption
Against him. Coal Ministry just sat on CB’s repeated requests to prosecute the officer who was to
become the CMD. Railways just sat on CB’s
Request to prosecute one of the top employes involved in railway recruitment scam.
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10. Powerless:
Some bodies like CVC or Lokayuktas are independent,but they do
not
have any powers. They have been made advisory bodies.They give
Two kinds of advise to the government- to either impose
departmental
Penalties on any officer or to prosecute him in court. Experience
shows
that whenever any minister or senior officer is involved ,their advise
is
rarely followed.
Multiplicity of agencies:
Governments have deliberately created plethora of anti-corruption
agencies and given them fractured mandates. This has been to render
them ineffective.
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12. ROLE OF ANNA HAZARE
Kisan Baburao Hazare Anna Hazare K.contributed
to the development and structuring of Ralegan Siddhi,
a village of Ahmednagar district, Maharashtra, India.
He was awarded the Padma Bhushan—the thirdhighest civilian award—by the Government of India
in 1992 for his efforts in establishing this village as a
model for others.
Anna Hazare started an indefinite hunger strike on 5
April 2011 to exert pressure on the Indian
government to enact a stringent anti-corruption law,
The Lokpal Bill, 2011 as envisaged in the Jan Lokpal
Bill, for the institution of an ombudsman with the
power to deal with corruption in public places. The
fast led to nation-wide protests in support. The fast
ended on 9 April 2011, a day after the government
accepted Hazare's demands. The government issued a
gazette notification on the formation of a joint
committee, consisting of government and civil society
representatives, to draft the legislation.
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16. Differences between Draft Lokpal Bill 2010 and Jan
Lokpal Bill 2012
Draft Lokpal Bill (2010)
Jan Lokpal Bill (Citizen’s ombudsman Bill)
Lokpal will have no power to initiate
suo moto action or receive complaints
Lokpal will have powers to initiate suo moto action or
of corruption from the general public.
receive complaints of corruption from the general
It can only probe complaints
public.
forwarded by LS Speaker or RS
Chairman.
Lokpal will only be an Advisory
Body. Its part is only limited to
forwarding its report to the
“Competent Authority”
Lokpal will be much more than an Advisory Body. It
should be granted powers to initiate Prosecution against
anyone found guilty.
Lokpal will not have any police
powers. It can not register FIRs or
proceed with criminal investigations.
Lokpal will have police powers. To say that it will be
able to register FIRs.
CBI and Lokpal will have no
connection with each other.
Lokpal and anti corruption wing of CBI will be one
Independent body.
Punishment for corruption will be
The punishment should be minimum 5 years and
minimum 6 months and maximum upmaximum up-to life imprisonment.
to 7 years.
Lokpal will not be a monopoly for particular area
17. THE LOKPAL BILL DEBATE RAGES
Govt Proposals
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Lokpal will have no power to initiate action or
receive complaints of corruption from public. It
would be only complaints forwarded by LS
Speaker or RS Chairman. It will enable ruling
party to protect its own.
Lokpal Bill be an advisory body. It will
forward its enquiry report to “competetant
authority” which will have the final say,If
Lokpal made report against the PM, Will
parliament ever pass a resolution to prosecute
him?
No police powers to Lokpal it will be to
“preliminaries enquiries”, Even if its report is
accepted, who will file charge sheet?
Mild punishment for corruption- minimum 6
months, maximum 7 years.
No provision to recover wealth. A corrupt
person can come out of jail and use the money.
Hazare Version
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Lokpal will have powers to initiate
investigation in any case and directly
entertain complaints from the public.It will
not need any reference or permission from
anyone.
Lokpal will not be an advisory body.It will
have power to initiate the prosecution
against anyone after completion of
investigation in case. It will hav power to
order disciplinary proceedings against any
govt. servant.
Lokpal Bill have police powers. It will be
able to register FIR’s proeed with criminal
investigation.
Enhanced punishment-minimum 5 years,
maximum life imprisonment.
Loss caused to the govt. owing to corruption
will be recovered from all the accused.
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19. Advantage of Lokpal Bill
1. Major advantage of this bill is all about
solving the No.1 problem of India is
CORRUPTION.
2. Who will be the decision makers this time,
nonpoliticians, non-bureaucrats, not a
police officer.
3. This bill is proposed to the government
again and again in last 50 years so this
holds the believe of generations and we all
think this can change the system.
4. The decision will be faster than what we
have right now, the proposed decision will
be 1 year and punishment will be executed
in 2 years.
5. People will not have to go through the
grueling system to complain the crime.
20. Major Disadvantages of Lokpal Bill
This is not a mature bill, still lot many open issues, I will write
them all here before I write about the possible fix for it. I
could be an ignorant about the complete bill but I tried to read
it from various places and I didn’t notice anyone describing
these issues.
1.Huge burden on government to run this, it needs huge money to
manage the head counts.’
1.I don’t understand why it needs 1 year for decision and another
1 year for the punishment.
2.How someone can guarantee there will be “No minister or
bureaucrat influence on their investigations.”
3.How can it be assured that Lokpal members are not corrupted?
Don’t we have corrupted “judges, citizens and constitutional
authorities”, who says only the politicians are corrupted?
I believe we are responsible for the corrupted system and we
should be the one to fix it, government will have to support us
as we support the government. Here are my thoughts.