A Deep Insight Into "JAN LOKPAL BILL"

In India, the Jan Lokpal Bill (Citizen's ombudsman Bill) is a draft anti-corruption bill that would create a Jan Lokpal, an independent body like the Election Commission, which would have the power to prosecute politicians and bureaucrats without government permission.

The bill was drafted by Shanti Bhushan, former IPS Kiran Bedi, Justice N. Santosh Hegde, advocate Prashant Bhushan, former chief election commissioner J. M. Lyngdoh in consultation with the leaders of the India Against Corruption movement and the civil society. The bill proposes institution of the office of Lokpal (Ombudsman) at center and Lok Ayukta at state level. The Jan Lokpal Bill is designed to create an effective anti-corruption and grievance redressal systems and to assure that an effective deterrent is created against corruption and to provide effective protection to whistleblowers.





The Lokpal Bill drafted by the government has failed to pass the Rajya Sabha for 42 years. The first Lokpal Bill was passed in the 4th Lok Sabha in 1969 but could not get through in Rajya Sabha. Subsequently, Lokpal bills were introduced in 1971, 1977, 1985, 1989, 1996, 1998, 2001, 2005 and in 2008. Yet none of these bills were ever passed.

Background

The movement for Jan Lokpal Bill started due to the resentment because of the serious differences between the draft Lokpal Bill 2010 prepared by the government and the Jan Lokpal Bill prepared by the members of this movement, which has received significant public support. Supporters of the bill consider existing laws to be too weak and insufficiently enforced to stop corruption.

Key features of proposed bill

1. A central government anti-corruption institution called "Lokpal", supported by state institutions called "Lokayukta" will be set up
2. Like the Supreme Court and the Election Commission, they will be completely independent of the governments. No minister or bureaucrat will be able to influence their investigations.
3. Members will be appointed by judges, private citizens, and constitutional authorities through a transparent and participatory process.
4. Investigations in each case will have to be completed in one year. Trials should be completed in the following year, meaning the total process will take place within two years.
5. Any loss that a corrupt person caused to the government will be recovered at the time of conviction.
6. Help to common citizen: If any work of any citizen is not done in prescribed time in any government office, Lokpal will impose financial penalty on guilty officers, which will be given as compensation to the complainant.
7. Any complaint against any officer of Lokpal shall be investigated and, if found to be substantive, will result in the the officer being dismissed within two months.
8. The existing anti-corruption agencies(CVC, departmental vigilance and the anti-corruption branch of CBI) will be merged into Lokpal. Lokpal will have complete powers and authority to independently investigate and prosecute any officer, judge or politician.
9. The agency will also provide protection to whistleblowers who alert it of potential corruption cases.

Protests

A group of Delhi residents dressed in white shirts and t-shirts took a four-hour drive around the city on March 13, 2011 to support a campaign against corruption and the Jan Lokpal Bill.
On April 5, 2011, anti-corruption activist Anna Hazare began a fast unto death till Jan Lokpal Bill enacted. Around 6,000 Mumbai residents also started a one-day fast to support the demand for implementation of the Jan Lokpal Bill. Protesters have chosen yellow as the color of protests. They were seen wearing yellow dresses, T shirts and having yellow banners. Protesters in different cities are co-ordinating to observe Yellow Sunday. 

Hazare also announced plans to start a Jail Bharo Andolan protest on 13th April, 2011 if the Jan Lokpal bill is not passed by the government. Hazare stated that his group has received six crore (60 million) SMSes in its support. He is further supported by a large number of Internet activists.
The protests are not political in nature. Political leaders were discouraged by Hazare supporters from joining in his protests, as Hazare indicated his belief that these parties were using the campaign for their own political advantage.

Political support

The response of prominent political parties and leaders is:

• Bhartya Janta Party have extended support to the bill. The principal opposition demanded that the Centre convene an all-party meeting to discuss the Jan Lokpal Bill.
• RLD chief Ajit Singh today expressed support to the anti-corruption campaign.
• People's party of Punjab - Former Punjab finance minister Manpreet Singh Badal

Government response

The government has stated that it has not received the proposed bill copy. After the ‘fast unto death’ was announced by Anna Hazare, he was invited for talks by the PM, but the PM said the government has no time till May 13. To dissuade Hazare from going on an indefinite fast, the Prime Minister's Office have directed the ministries of personnel and law to examine how the views of civil society activists can be included in the Lokpal bill.
On the 5th April 2011, the National Advisory Council rejected the Lokpal bill draft of the government. Union Human Resource Development Minister Kapil Sibal met social activists Swami Agnivesh and Arvind Kejriwal on 7 April to find ways to bridge differences on the bill. Hazare's fast was supported by CPI(M). Politbeure of cpim issued a statement for demanding effective lokpal bill.

Differences between Draft Lokpal Bill 2010 and Jan Lokpal Bill

Key Differences

Draft Lokpal Bill 2010	Jan Lokpal Bill
Lokpal will have no power to initiate suo moto action or receive complaints of corruption from the general public. It can only probe complaints forwarded by LS Speaker or RS Chairman.	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. 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 minimum 6 months and maximum up-to 7 years.	The punishment should be minimum 5 years and maximum up-to life imprisonment.
	Lokpal will not be a monopoly for particular area
Nothing has been provided in law to recover ill gotten wealth. A corrupt person can come out of jail and enjoy that money.	Loss caused to the government due to corruption will be recovered from all accused.

Criticisms for the Jan Lokpal Bill

Some people have expressed the opinion that the Jan Lokpal Bill is 'naive' in its approach towards combating corruption. According to Pratap Bhanu Mehta, President, Center for Policy Research, Delhi, the bill "is premised on an institutional imagination that is at best naïve; at worst subversive of representative democracy".

Anna Hazare's Fast To Bring the Jan Lokpal Bill

 

As Indians from across the world start their march against corruption from today, one of the major demands of this march (Dandi March 2) is to enact Jan Lokpal Bill. I thought it right to write a post describing what Jan Lokpal Bill is and why is it needed. To give a brief history, Lokpal Bill was first introduced in parliament in 1968. It has been brought in parliament on eight times on later occasions, but has never been passed by the parliament. It is a bill that is supposed to give powers to citizens to sue the people responsible for corruption. A similar kind of independent agency disappeared corruption from Hong Kong a few decades ago.

The government is again thinking of introducing a Lokpal Bill in parliament this year, and the National Advisory Council (NAC) chaired by Sonia Gandhi is considering it. But as it stands today, the bill is riddled with loopholes, defeating its very purpose. Social activists have remarked it to be a toothless bill and not at all acceptable. An alternative bill, the Jan Lokpal Bill has been drafted by Justice Santosh Hegde (Lokayukta of Karnataka), Prashant Bhushan and Arvind Kejriwal after series of consultations with public and social activists. This bill is supported by Kiran Bedi, Shanti Bhushan, Anna Hazare, etc.

The Dandi March 2 event and the subsequent ‘fast unto death’ by Anna Hazare from April 5 are in support of this ‘Jan Lokpal Bill’. The activists have already sent the bill to the PM and all CMs but there has been no response. After the ‘fast unto death’ was announced by Anna Hazare, he was invited for talks by the PM, but the response was bad as the PM said the government has no time for corruption till May 13. This after the numerous corruption scams like the Commonwealth Games, Adarsh Society, 2G scam being uncovered in the past months.

 

The Zero Rupee Note - Stop Corruption

The present system to fight corruption in India can be described in some points as below -

1. The Anti Corruption Branch and CBI comes under the government. Despite having evidence, it is very difficult to convict people as they have to take permission from the same bosses, against whom the case has to be investigated.
2. No corrupt officer is dismissed from the job because Central Vigilance Commission, which is supposed to dismiss corrupt officers, is only an advisory body. Whenever it advises government to dismiss any senior corrupt officer, its advice is never implemented.
3. No action is taken against corrupt judges because permission is required from the Chief Justice of India to even register an FIR against corrupt judges
4. The functioning of CBI and vigilance departments is secret and hence it promotes corruption.
5. Weak and corrupt people are appointed as heads of these institutions by the government.
6. Citizens face harassment in government offices. Sometimes they are forced to pay bribes. One can only complaint to senior officers. No action is taken on complaints because senior officers also get their cut.
7. Nothing in law to recover ill gotten wealth. A corrupt person can come out of jail and enjoy that money.
8. Small punishment for corruption- Punishment for corruption is minimum 6 months and maximum 7 years.

As you can see, in the present system, there is no deterrent for any public official to engage in an act of corruption. Some of the salient features of the Jan Lokpal Bill are -

1. An institution called LOKPAL in the centre and LOKAYUKTA in each state will be set up. These institutions will completely independent of the governments, just like the Supreme Court and the Election Commission. No minister can influence their investigations.
2. Investigation in any case will have to be completed in one year. Trial should be completed in next one year so that the corrupt officer, or politician goes to jail in two years max.
3. The loss that a corrupt person caused to the government will be recovered at the time of conviction.
4. If any work of any citizen is not done in prescribed time in any government office, Lokpal will impose financial penalty on guilty officers, which will be given as compensation to the complainant. So, you could approach Lokpal if your ration card or passport or voter card is not being made or if police is not registering your case or any other work is not being done in prescribed time. Lokpal will have to get it done in a month’s time.
5. Election of Lokpal officials – What if government appoint corrupt and weak people as Lokpal members? That won’t be possible because its members will be selected by judges, citizens and constitutional authorities and not by politicians, through a completely transparent and participatory process.
6. What if some officer in Lokpal becomes corrupt? The entire functioning of Lokpal/ Lokayukta will be completely transparent. Any complaint against any officer of Lokpal shall be investigated and the officer dismissed within two months.
7. What will happen to existing anti-corruption agencies? CVC, departmental vigilance and anti-corruption branch of CBI will be merged into Lokpal. Lokpal will have complete powers and machinery to independently investigate and prosecute any officer, judge or politician.
8. The punishment would be minimum 5 years and maximum of life imprisonment.

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