Introduction:
The Jan Lokpal Bill is a draft anti-corruption bill drawn up by prominent civil society activists seeking the appointment of a Jan Lokpal, an independent body that would investigate corruption cases, complete the investigation within a year and envisages trial in the case getting over in the next one year.
Drafted by Justice Santosh Hegde (former Supreme Court Judge and former Lokayukta of Karnataka), Prashant Bhushan (Supreme Court Lawyer) and Arvind Kejriwal (RTI activist), the draft Bill envisages a system where a corrupt person found guilty would go to jail within two years of the complaint being made and his ill-gotten wealth being confiscated. It also seeks power to the Jan Lokpal to prosecute politicians and bureaucrats without government permission.
Retired IPS officer Kiran Bedi and other known people like Swami Agnivesh, Sri Sri Ravi Shankar, Anna Hazare and Mallika Sarabhai are also part of the movement, called India Against Corruption. Its website describes the movement as "an expression of collective anger of people of India against corruption. We have all come together to force/request/persuade/pressurize the Government to enact the Jan Lokpal Bill. We feel that if this Bill were enacted it would create an effective deterrence against corruption."
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.
Black money in Swiss banks
While official numbers are not available, Swiss banking officials have said that the largest depositors of illegal foreign money in Switzerland are Indian.[4]
In August 2010, the government revised the Double Taxation Avoidance Agreement to provide means for investigations of black money in Swiss banks. This revision, expected to become active by January 2012, will allow the government to make inquiries of Swiss banks in cases where they have specific information about possible black money being stored in Switzerland.
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 by Lokayukta at the state level.
2. As is the case with 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 short-listed candidates for interviews, the video recordings 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 to the government by a corrupt individual will be recovered at the time of conviction.
8. 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.
9. 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.
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 authority to independently investigate and prosecute any officer, judge or politician.
11. Whistle-blowers who alert the agency to potential corruption cases will also be provided with protection by it.
Difference between government's and activists' drafts
Difference between Jan Lokpal Bill and Draft Bill 2010
Jan Lokpal Bill (Citizen's Ombudsman Bill) Draft Lokpal Bill (2010)
Lokpal will have powers to initiate suo motu action or receive complaints of corruption from the general public. 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 the power to initiate prosecution of anyone found guilty. Lokpal will only be an Advisory Body with a role limited to forwarding reports to a "Competent Authority".
Lokpal will have police powers as well as the ability to register FIRs. Lokpal will have no police powers and no ability to register an FIR or proceed with criminal investigations.
Lokpal and the anti corruption wing of the CBI will be one independent body. The CBI and Lokpal will be unconnected.
Punishments will be a minimum of 1 year and a maximum of up to life imprisonment. Punishment for corruption will be a minimum of 6 months and a maximum of up to 7 years.
Source – Wikipedia, the free encyclopedia
The following table details differences between the Government and activist backed versions.
Issue The Jan Lokpal Bill]
Government's Lokpal Bill[
Prime Minister
PM can be investigated with permission of seven member Lokpal bench. PM can be investigated by Lokpal after she/he vacates office.
Judiciary
Can be investigated, though high level members may be investigated only with permission of a seven member Lokpal bench. Judiciary is exempt and will be covered by a separate "judicial accountability bill".
Conduct of MPs
Can be investigated with permission of seven member Lokpal bench. Can be investigated, but their conduct within Parliament, such as voting, cannot be investigated.
Lower bureaucracy All public servants would be included. Only senior officers (Group A) will be covered.
Anti-Corruption wing of the Central Bureau of Investigation (CBI)
The Anti-Corruption wing of the CBI will be merged into the Lokpal. The Anti-Corruption wing of the CBI cannot be merged into the Lokpal.
Removal of Lokpal members and Chair Any person can bring a complaint to the Supreme Court, who can then recommend removal of any member to the President. Any "aggrieved party" can raise a complaint to the President, who will refer the matter to the CJI.
Removal of Lokpal staff and officers Complaints against Lokpal staff will be handled by independent boards set-up in each state, composed of retired bureaucrats, judges, and civil society members. Lokpal will conduct inquiries into its own behaviour.
Lokayukta
Lokayukta and other local/state anti-corruption agency would remain in place All state anti-corruption agencies would be closed and responsibilities taken over by centralised Lokpal.
Whistleblower protection
Whistleblowers are protected by Lokpal. No protection granted to whistleblowers by Lokpal.
Punishment for corruption Lokpal can either directly impose penalties, or refer the matter to the courts. Penalties can include removal from office, imprisonment, and recovery of assets from those who benefited from the corruption. Lokpal can only refer matters to the courts, not take any direct punitive actions. Penalties remain equivalent to those in current laws.
Investigatory powers Lokpal can obtain wiretaps (to make a connection to a telegraph or telephone wire in order to obtain information secretly), issue rogatory letters, and recruit investigating officers. Cannot issue contempt orders. Lokpal can issue contempt orders, and has the ability to punish those in contempt. No authority to obtain wiretaps, issue rogatory letters, or recruit investigating officers.
False, frivolous and vexatious complaints Lokpal can issue fines for frivolous complaints (including frivolous complaints against Lokpal itself), with a maximum penalty of Rs 100,000. Court system will handle matters of frivolous complaints. Courts can give 2–5 years imprisonment and fines of Rs 25,000 to 200,000.
NGOs NGOs not within the scope due to their role in exposing corruption. NGOs are within the scope and can be investigated.
Source – Wikipedia, the free encyclopedia
Logjam of Lokpal and Lokayukta Bill 2011
On December 27 2011, Lok Sabha Parliament winter session passed controversial Lokpal Bill under title of Lokpal and Lokayukta Bill 2011, but without constitutional status. Before passing this bill it was introduced in Lok Sabha with key amendments moved. The 10 hour house debate, number of opposition parties claimed introduced bill is weak and wanted it withdrawn. Key amendments that were discussed but defeated were following:
Including corporate, media and NGOs receiving donations
Bringing CBI under the purview of Lokpal
Amendments that the house agreed upon were:
Keeping the defence forces and coast guard personnel out of the purview of the anti-graft ombudsman
Increasing the exemption time of former MPs from five to seven years
Team Anna rejected the proposed bill describing it as "anti-people and dangerous" even before the Lok Sabha gave its assent.
The key notes Team Anna made about rejection were:
Government will have all the control over Lokpal as it will have powers to appoint and remove members at its will.
Only 10 per cent political leaders are covered by this Bill
Bill was also covering temples, mosques and churches
Bill was offering favor to corruption accused by offering them free lawyer service.
Bill was also unclear about handling corruption within Lokpal office.
Only five per cent of employees are in its ambit, as Class C & D officers were not included.
Team Anna was also disappointed over following inherent exclusions within tabled government bill.
Central Bureau of Investigation (CBI) should be merged with the Lokpal, and the anti-corruption bureaus and the Vigilance Departments of the State governments with the Lokayuktas.
The Lokpal and the Lokayuktas should have their own investigative wings with exclusive jurisdiction over cases filed under the Prevention of Corruption Act.
The Lokpal should have administrative and financial control over the CBI, and the appointment of the CBI Director should be independent of any political control.
The jurisdiction of the Lokpal and the Lokayukta should cover Class C and D officers directly.
This bill was then presented in Rajya Sabha where it hit log jam again.
Criticisms of the Jan Lokpal Bill
1. The bill has been criticised as being naïve (impractical) in its approach to combating corruption. According to Pratap Bhanu Mehta, President of the Centre for Policy Research Delhi, the bill "is premised on an institutional imagination that is at best naïve; at worst subversive of representative democracy". The very concept of a Lokpal concept has received criticism from HRD minister Kapil Sibal in that it will lack accountability be oppressive and undemocratic.
2. extra-constitutional
The pro-bill activist Arvind Kejriwal rejects the claim of Lokpal being extra-constitutional with the explanation that the body will only investigate corruption offences and submit a charge sheet which would then tried and prosecuted through trial courts and higher courts, and that other bodies with equivalent powers in other matters exist. The proposed bill also lists clear provisions for the Supreme Court to abolish the Lokpal.
Despite these clarifications, critics feel that the exact judicial powers of Lokpal are rather unclear in comparison with its investigative powers. The bill requires "...members of Lokpal and the officers in investigation wing of Lokpal shall be deemed to be police officers". Although some supporters have denied any judicial powers of Lokpal the government and some critics have recognised Lokpal to have quasi-judicial powers.
Criticism from Aruna Roy, Arundhati Roy and NCPRI
Magsaysay Award winner Aruna Roy who has said "Vesting jurisdiction over the length and breadth of the government machinery in one institution will concentrate too much power in the institution, while the volume of work will make it difficult to carry out its tasks". She and her colleagues at the National Campaign for People's Right to Information (NCPRI) have proposed an alternative mechanism consisting of five institutions. Noted author and social activist Arundhati Roy was highly critical of Lokpal, stating "you could say that the Maoists and the Jan Lokpal Bill have one thing in common – they both seek the overthrow of the Indian State", and "While his means may be Gandhian, Anna Hazare's demands are certainly not. Contrary to Gandhiji's ideas about the decentralisation of power, the Jan Lokpal Bill is a draconian, anti-corruption law, in which a panel of carefully chosen people will administer a giant bureaucracy,..
Conclusion:
The matter of whether the Indian Prime Minister and higher judiciary should or should not be prosecutable by the Lokpal remains as one of the major issues of dispute. Anna's own nominee for co-chairing the joint panel Justice Verma, the former Chief Justice of the Supreme Court, has expressed his constitutional objections for including the Prime Minister and higher judiciary under Lokpal. According to him, "this would foul with the basic structure of the constitution".
Dr. Kousar Jahan Ara Begum
Prof. Of Economics,
B E S College, Jayanagar IV Block,
Bangalore - 11