&

AGENDA

POLITICS & INDIAN POLOTICAL SCENARIO

CURRENT ANTI-CORRUPTION LAWS AND ORGANIZATIONS

ANTICURROPTION BILLS

JANLOKPAL BILL

COMPARISONS

SHORTCOMING IN JANLOKPAL

CONCLUSION & FINIDINGS

POLITICS & INDIAN POLITICAL SCENARIO

Politics: Art of gaining power & craft of retaining power

Power corrupts & absolute power corrupts absolutely.

India is the biggest Democracy in the world

Politics in India takes place within the framework of a constitution.

India is a federal parliamentary democratic republic in which the President of India is head of state and the Prime Minister of India is the head of government. Nominally, executive power is exercised by the president and is independent of the legislature.

Legislative power is vested in both the

government and the two chambers of the

Parliament of India, the Lok Sabha and the Rajya

Sabha. Federal and state elections generally take

place within a multi-party system, although this is

not enshrined in law.

The judiciary is independent of the executive and

the legislature, the highest national court being

the Supreme Court of India.

India is as a nation has been labelled as a

"sovereign socialist secular democratic republic"

which is "egalitariansecular".

CURRENT INDIAN POLITICAL SCENARIO

Transparency International survey report of

2005 says that more than 62% of Indians

had firsthand bribe experience

In 2012 survey INDIA ranked 94th out of

176 countries.

In 2012 India has ranked 94th out of 176

countries in Transparency International's

Corruption Perceptions Index

CURRENT ANTI-CORRUPTION LAWS

AND ORGANIZATIONS

Central Vigilance Commission (CVC)

Anti corruption Department of CBI

These agencies are not so effective due tolimitations of staff and sufficient powers toprosecute against corrupt government officials

Currently these are not independent of thegovernment and free from ministerial influencein its investigations.

Indian Penal Code, 1860

Prosecution section of Income Tax Act,1961

The Prevention of Corruption Act, 1988

The Benami Transactions (Prohibition) Act, 1988 to prohibit benamitransactions.

Prevention of Money Laundering Act 2002

JOURNEY OF LOKPAL BILL IN

INDIAN POLITICS

The Lokpal Bill was first introduced by Adv. ShantiBhushan in 1968 and passed the 4th Lok Sabha in 1969. But before it could be passed by Rajya Sabha, the Lok Sabha was dissolved and the bill lapsed.

Subsequent versions were re-introduced in 1971, 1977, 1985, 1989, 1996, 1998, 2001, 2005, 2008 and in 2011, but none of them were passed.

The Lokpal Bill was finally passed on 17 Dec 2013 in the Rajya Sabha and in the Lok Sabha on 18 December 2013

JANLOKPAL BILL

Institution of

◦ Jan Lokpal - at central govtlevel

◦ Jan Lokayukta - at state level

Correspondingly Jan Lokpal to accept corruption complaints against Central govtdept and Jan Lokayukta against state govtdept

Each will have 10 members and 1 chairperson (50% from Judiciary)

Will be completely Independent

Will get whatever financial resources they

require and will be empowered to select

and employ any number of employees from

within the government or outside.

Time bound investigations

Power to dismiss corrupt officers

Time bound trial

Recovery of loss caused to government.

Provision for Confiscation of Assets

If undeclared assets are found, a case will be

registered

Power to punish if its orders are not followed

Timeline and cost

The Lokpal Bill has been introduced in the Parliament a total of eight times since 1968.

1968 – 2 lakh

1971 – 20 lakh

1977 – 25 lakh

1985 – 25 lakh

1989 – 35 lakh

1996 – 1 crore

2001 – 35 crore

2011 – 1700 crore

2012 – 2050 crore

2013 – 2100 crore

COMPARISON

CURRENT SYSTEM JAN LOKPAL-JAN LOKAYUKTA

SYSTEM

JUD

GES

–SC

& H

C

No FIR can be registered

against any Supreme

Court or High Court judge

without the permission of

Chief Justice of India.

It has been seen in the

past that the Chief Justice

of India tries to protect

his own fraternity of

judges and rarely gives

such a permission.

Under Jan Lokpal Bill, the full bench

of Lokpal will give permission to file

a case against any judge.

No permission will be required from

Chief Justice of India. Therefore,

corruption in higher judiciary will

also be checked through Jan Lokpal

Bill.

14

COMPARISON

15

CURRENT SYSTEM JAN LOKPAL-JAN LOKAYUKTA

SYSTEM

PU

NIS

HM

ENT

The quantum of

punishment for

people convicted of

corruption ranges

from:

6 months to 7 years

of imprisonment

which is inadequate!

The punishment will range

from:

1 year rigorous

imprisonment to life

sentence.

Higher punishment for

those in higher rank.

COMPARISON

16

CURRENT SYSTEM JAN LOKPAL-JAN LOKAYUKTA

SYSTEM

EVID

ENC

E

In the current

system, if anyone

obtains any benefit

from the

government

illegally, it is

difficult to prove

that the person did

so by paying bribes

If a person obtains any

benefit from the government

in violation of a law or rules

and regulations, that person

along with concerned public

servants shall be deemed to

have indulged in corrupt

practices.

COMPARISON

17

CURRENT SYSTEM JAN LOKPAL-JAN LOKAYUKTA

SYSTEM

Wh

istl

eb

low

ers

Currently, people who

report corrupt

practices or raise their

voice against

corruption are being

threatened, victimized

and even murdered.

There is no protection

for them.

Jan Lokpal and Jan Lokayukta will

be responsible for providing the

whistleblowers, whether inside

or outside the government,

protection from:

- Professional threat or

victimisation

- Physical threat or ictimisation

COMPARISON

18

CURRENT SYSTEM JAN LOKPAL-JAN LOKAYUKTA

SYSTEM

Mu

ltip

le A

nti

-C

orr

up

tio

n

Age

nci

es

Presently there are

multiple anti-

corruption agencies

like: CBI, CVC, ACB,

state vigilance

department

All these are

controlled by corrupt

officials and

politicians and are

ineffective.

At central govt level,

Anti-corruption branch of CBI,

CVC and all internal vigilance

wings of all dept will be

merged into Jan Lokpal.

At state level,

Anti-corruption branch of state

police, the state vigilance

department, internal vigilance

wings of all departments and

existing Lokayuktas in states

will be be merged into Jan

Lokayukta of that state.

The Bill as passed by the Lok Sabha left the selection of the Lokpal essentially in the hands of the government. It also left the accountability of the Lokpal in government hands, thus completely compromising the independence of the Lokpal

Equally importantly, this bill left the Lokpal’scorruption investigations in the hands of a government controlled CBI

Also, the bill did not contain even a single one of the 3 provisions which the Parliament had unanimously promised Anna Hazare before he broke his fast. Only group A public servants and not all were brought within the Lokpal’s purview

There was no provision for a State Lokayukta’s in this bill

There was no mention of a citizens charter.

The investigation of the Lokpal was crippled by the need to first have a preliminary inquiry where the accused public servant would have to be heard (thus allowing him to destroy evidence) before even the FIR could be registered.

And if a person whose complaint was labeled “frivolous or vexatious” by this government controlled Lokpal could be imprisoned for upto 5 years (even more than the punishment for corruption)

CONCLUSION AND FINDINGS

The jan lokpal bill as drafted by the civil society was an efficient tool to eradicate corruption from grass-root level.

But lokpal bill passed by Govt. of India is an amended version of it.

Political parties have realised that they have lost credibility and need to restore it before 2014 elections, therefore they passed an ammendedversion of Lokpal to win public sympathy.

The victory of the AAP made them realise that the people had reached the end of their patience and were looking for change.

The victory of the AAP made them realise

that the people had reached the end of their

patience and were looking for change.

The Congress hopes that this Lokpal bill

along with the welfare measures like

MNREGA, the Food security bill and land

acquisition bill might come to its rescue in

the 2014 polls.

THANK YOU