What is Jan Lokpal Bill ?

Lokpal bills were introduced several times since 1968, yet they were never passed by the Indian Parliament.

After a fast by veteran social activist Anna Hazare and widespread protests by citizens across India the Government of India constituted a 10-member Joint Committee of ministers and civil society activists to draft an effective Jan Lokpal Bill.

·          What Does This Mean To A Common Indian ?

Lokpal bill at the current state has lots of loopholes and does not serves the purpose. The Lokpal cannot, under the proposed Bill, investigate any case against the Prime Minister in the arena of external affairs and defence. As a part of this movement, N. Santosh Hegde, a former justice of the Supreme Court of India, Prashant Bhushan, a senior lawyer in the Supreme Court along with the members of the India Against Corruption movement drafted an alternate bill, named as the Jan Lokpal Bill, also referred to as the citizens' ombudsman bill. 

•   Existing System :

1. No politician or senior officer ever goes to jail despite huge evidence because Anti Corruption Branch (ACB) and CBI directly come under the government. Before starting investigation or prosecution in any case, 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. Nowhere to go - People expose corruption but no action is taken on their complaints.

5. There is so much corruption within CBI and vigilance departments. Their functioning is so secret that it encourages corruption within these agencies.

6.Weak and corrupt people are appointed as heads of anti-corruption agencies.

7.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.

8. Nothing in law to recover ill gotten wealth. A corrupt person can come out of jail and enjoy that money.

9. Small punishment for corruption- Punishment for corruption is minimum 6 months and maximum 7 years.

• System Proposed by civil society Jan Lokpal Bill

1.  Lokpal at centre and Lokayukta at state level will be independent bodies. ACB and CBI will be merged into these bodies. They will have power to initiate investigations and prosecution against any officer or politician without needing anyone’s permission. Investigation should be completed within 1 year and trial to get over in next 1 year. Within two years, the corrupt should go to jail.

2.  Lokpal and Lokayukta will have complete powers to order dismissal of a corrupt officer. CVC and all departmental vigilance will be merged into Lokpal and state vigilance will be merged into Lokayukta.

3.  Lokpal and  Lokayukta shall have powers to investigate and prosecute any judgewithout needing anyone’s permission.

4. Lokpal and Lokayukta will have to enquire into and hear every complaint.

5.  All investigations in Lokpal and Lokayukta shall be transparent. After completion of investigation, all case records shall be open to public.  Complaint against any staff of Lokpal and ; Lokayukta shall be enquired and punishment announced within two months.

6. Politicians will have absolutely no say in selections of Chairperson and members of Lokpal and Lokayukta. Selections will take place through a transparent and public participatory process.

7. Lokpal and Lokayukta will get public grievances resolved in time bound manner, impose a penalty of Rs 250 per day of delay to be deducted from the salary of guilty officer and award that amount as compensation to the aggrieved citizen.

8. Loss caused to the government due to corruption will be recovered from all accused.

9.Enhanced punishment - The punishment would be minimum 5 years and maximum of life imprisonment.

·         A look at the salient features of Jan Lokpal Bill:

     1. An institution called LOKPAL at the centre and LOKAYUKTA in each state will be set up 
    
      2. Like Supreme Court and Election Commission, they will be completely independent of the governments.  No minister or bureaucrat will be able to influence their investigations.
     

      3. Cases against corrupt people will not linger on for years anymore:

Investigations in any case will have to be completed in one year. Trial should be completed in next one year so that the corrupt politician, officer or judge is sent to jail within two years.
    
     4. The loss that a corrupt person caused to the government will be recovered at the time of conviction. 
    
     5. How will it help a 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.

    6. 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.

    
  You could also report any case of corruption to Lokpal like ration being siphoned off, poor quality roads been constructed or panchayat funds being siphoned off. Lokpal will have to complete its investigations in a year, trial will be over in next one year and the guilty will go to jail within two years.
 
      7. But won't the 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. 
   
     8. 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.
     
    9. 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. 
   
   10. It will be the duty of the Lokpal to provide protection to those who are being victimized for raising their voice against corruption.

 

·         Responsibility of every Indian Citizen

We should do everything possible to get this bill passed without any loopholes. In the current state, its again useless and we cannot accept it. It needs to be drafted in a way which will make this things independent from the people in power.

Source: http://indiaagainstcorruption.org/