Lokpal bill -

RAMYA NAIR (CS Executive Inter) (119 Points)

18 August 2011  

 

 

 

 

There are lots of my friends who have posted articles for the same topic..I have added here in to know the views & opinions of my friends about the same. Before that I felt I should help my friends to know the basics of the issue arised…There may be things which I also don’t know.So please do share.

 

Jan Lokpal Bill  -- Lokpal means Protector of the People

The Jan Lokpal Bill also referred to as the citizens' ombudsman bill, is a proposed anti-corruption law in India. It is designed to effectively deter corruption, redress grievances of citizens and protect whistle-blowers. If passed and made into law, the bill seeks to create an ombudsman called the Lokpal (Sanskrit for protector of the people) - an independent body similar to the Election Commission of India with the power to investigate politicians and bureaucrats without prior government permission. First introduced in 1969, the bill has failed to become law for nearly over four decades.

In 2011, Gandhian rights activist Anna Hazare started a Satyagraha movement by commencing a fast unto death in New Delhi to demand the passing of the bill. The movement attracted attention in the media, and thousands of supporters. Following Hazare's four day hunger strike, the Indian Prime Minister Manmohan Singh stated that the bill would be re-introduced in the 2011 monsoon session ofthe Parliament.

 

Government representation

Five Cabinet ministers will be a part of the Drafting Committee. They are:

§  Pranab Mukherjee, Finance Minister, Co-Chairman;

§  P. Chidambaram, Minister of Home Affairs;

§  Veerappa Moily, Minister of Corporate Affairs;

§  Kapil Sibal, Minister for Communications and Information Technology; and

§  Salman Khursid, Minister of Law

 

Civil society representation

Five leading social activists will be a part of the Drafting Committee. They are:

§  Shanti Bhushan, Former Minister of Law and Justice, Co-Chairman;

§  Anna Hazare, Social Activist;

§  Prashant Bhushan, Lawyer;

§  N. Santosh Hegde, Former Lokayukta (Karnataka); and

§  Arvind Kejriwal, RTI Activist.

 

Attempts to draft a compromise bill, merging the Government's version and that of the civil group's version, by a committee of five Cabinet Ministers and five social activists failed. The Indian governmentintroduced its own version of the bill in the parliament, which the activists consider to be too weak

 

Key features of proposed bill

Some important features of the proposed bill are:

1.      To establish a central government anti-corruption institution called Lokpal, supported byLokayukta at the state level.

2.      As in the case of the Supreme Court and Cabinet Secretariat, the Lokpal will be supervised by the Cabinet Secretary and the Election Commission. As a result, it will be completely independent of the government and free from ministerial influence in its investigations.

3.      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.

4.      A selection committee will invite shortlisted candidates for interviews, videorecordings of which will thereafter be made public.

5.      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.

6.      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.

7.      Losses caused to the government by a corrupt individual will be recovered at the time of conviction.

8.      Government officework 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.

9.      Complaints against any officer of Lokpal will be investigated and completed within a month and, if found to be substantive, will result in the officer being dismissed within two months.

10.  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 and authority to independently investigate and prosecute any officer, judge or politician.

11.  Whistleblowers who alert the agency to potential corruption cases will also be provided with protection by it.

 

 

  

Difference between Government and activist drafts

Difference between Draft Lokpal Bill  and Jan Lokpal Bill

Draft Lokpal Bill

Jan Lokpal Bill (Citizen's Ombudsman Bill)

Lokpal will have no power to initiate suo motu action or receive complaints of corruption from the general public. It can only probe complaints forwarded by the Speaker of the Lok Sabha or the Chairman of the Rajya Sabha.

Lokpal will have powers to initiate suo moto action or receive complaints of corruption from the general public.

Lokpal will only be an Advisory Body with a role limited to forwarding reports to a "Competent Authority".

Lokpal will have the power to initiate prosecution of anyone found guilty.

Lokpal will have no police powers and no ability to register an FIRor proceed with criminal investigations.

Lokpal will have police powers as well as the ability to register FIRs.

The CBI and Lokpal will be unconnected.

Lokpal and the anti corruption wing of the CBI will be one independent body.

Punishment for corruption will be a minimum of 6 months and a maximum of up to 7 years.

Punishments will be a minimum of 10 years and a maximum of up to life imprisonment.

 

 

This list is incomplete; you can help by expanding it……

 

List of politicians in India charged with corruption

Name

Position

Charges

Trial result

 

Lalu Prasad Yadav

Chief Minister of Bihar, Minister of Railways

Fodder scam, others

acquitted in 2006

 

Madhu Koda

Chief Minister ofJharkhand

Rs 4000 crores (USD 800 mn) graft money case

In jail since 2009, investigation continues

 

A. Raja

Union Cabinet Minister for Communications and Information Technology

2G spectrum scam

Indicted and arrested, Awaiting trial

 

Suresh Kalmadi

Member of Parliament

Criminal conspiracy and cheating related to 2010 Commonwealth Games

Indicted and arrested, Awaiting trail

 

Suresh Jain

Minister for food and civil supplies, Maharashtra

corruption in JalgaonDistrict Co-operative Bank

Implicated by the Sawant Comission

 

M. K. Kanimozhi

Member of Parliament

2G spectrum scam

Indicted and arrested, Awaiting trial

 

R.Balakrishna Pillai

Ex-Minister of Kerala

Idamalayar Dam Graft case

Convicted, serving sentence

 

P. V. Narasimha Rao(deceased)

Prime Minister

Alleged offering of bribes, alleged framing of V.P. Singh, and cheating Lakhubhai Pathak

Higher court overturned conviction in the first case and the trial court acquitted him in the other two cases

 

Balram Jakhar

Union minister and Speaker

Hawala (illegal foreign exchange) case

Acquitted of all charges

 

 

 

 I felt that I should share this with you all because yesterday when I was watching news channels, there were people who had come to support annaji,but they didn’t know what lokpal bill was.

I do believe the motto – “United we stand ,divided we Fall”..

(Sources – Various Sources)