JAN LOKPAL BILL

Anna Hazare spearheaded a nationwide campaign to demand a strong anti-corruption law

Jan Lokpal Bill.

Let’s understand JAN LOKPAL BILL• Institution of

– Jan Lokpal at central govt level– Jan Lokayukta in each state

• Correspondingly Jan Lokpal to accept corruption complaints against Central govt dept and Jan Lokayukta against state govt dept

• Each will have 10 members and 1 chairperson

• Will be completely independent – Politicians and bureaucrats will not able to interfere in their functioning.

• Will get whatever financial resources they ask and will be empowered to select and employ any number of employees from within the government or outside.

Corruption at High LevelsDespite Evidence, No Punishment

Jan Lokpal and Jan Lokayukta will ensure punishment for corruption by :

• Time bound investigations: – Investigation to be completed within 1 year– May employ more staff to complete within time

• Time bound trial: – Will file a case in trial court, after investigation– Trial in the court to complete & announce punishment within next 1 year– May direct the govt to set up additional courts to complete the trial in time

Corruption at High LevelsJan Lokpal and Jan Lokayukta will ensure punishment for corruption by :

• Recovery of loss caused to govt – During investigations, they shall ban transfer of assets of the accused– At the time of conviction, the court will assess the loss caused to the govt– Entire loss to be recovered from the assets of the accused – Currently no such provision in our laws

• Confiscation of assets– Each bureaucrat, politician and judge to submit their statement of moveable

and immoveable assets every year– This will be declared publicly, on the official website– If an asset is found to be owned by a public servant later and undeclared, it will be deemed to be obtained through corruption– After each election, assets declared by each candidate to be verified – If undeclared assets are found, a case will be registered

Corruption at High LevelsJan Lokpal and Jan Lokayukta will ensure punishment for corruption by :

Power to dismiss corrupt officers: – If complaint is proved, can remove a govt officer from job

Power to punish if its orders are not followed: – If orders of the Jan Lokpal or Jan Lokayukta are not obeyed

• can impose financial penalties on the guilty officials.• Initiate contempt proceedings against the guilty officials.

Corruption at Low Levels common man is compelled to pay bribe

Jan Lokpal and Jan Lokayukta will check day to day corruption by:

• Each govt dept will have to make a Citizen’s Charter– Charter specifies who does what job and in how much time– Eg. charter will tell X officer will make ration card in Y days

• If Charter is not followed, then people can complain to the Head of that department who will be designated as the Public Grievance Officer (PGO)

• PGO will redress the complaint within 30 days maximum

Corruption at Low LevelsJan Lokpal and Jan Lokayukta will check day to day corruption by:

• If PGO doesn’t satisfy the complainant, then a complaint can be made to the Vigilance officer of Jan Lokpal and Jan Lokayukta.

• When a complaint is made to Jan Lokpal or Jan Lokayukta, it will be deemed to have corruption angle.

• The Vigilance Officer will have to – Solve the grievance in 30 days– Impose penalty on the guilty officers which will be given to the Complainant as

compensation – Start investigations of corruption against guilty officers

How to ensure that there is no corruption within

Jan Lokpal or Jan Lokayukta?

1. By ensuring that the right person is selected!

Selection process for the members and Chairperson of Jan Lokpal and Jan Lokayukta has been kept transparent and participatory

• Selected by a Selection Committee comprising: – Prime Minister – Leader of the opposition in Lok Sabha – 2 youngest judges of Supreme Court (SC) – 2 youngest Chief Justices of High Courts– Comptroller and Auditor General (CAG)– Chief Election Commissioner (CEC)

• The Selection Committee will make the above appointment from a pool of shortlisted candidates that has been identified by a Search Committee

Ensuring that the right person is selected!

Search Committee is a 10-member committee formed as follows:

• Selection Committee selects five members from retired Chief Election Commissioners and retired CAGs.

• Those CECs and CAGs are ineligible – who have any substantive allegation of corruption against them– who have joined any political party after retirement– who are still in any government appointment

• These 5 members will select another 5 members from civil society to make the 10-member Search Committee.

Ensuring that the right person is selected!

• Search Committee will invite recommendations from various eminent people– Like Editors, Vice chancellors, Directors of IITs IIMs

• Names will be put up on a website and public feedback invited

• Search committee will choose 3 times the number of vacancies, by consensus

• Selection committee will choose from this list, by consensus

• All the meetings of the Search Committee and Selection Committee shall be video recorded and will be made public.

Jan Lokpal and Jan Lokayukta will select & appoint its own officers and staff

2. By ensuring that they work well!Jan Lokpal and Jan Lokayukta are directly accountable to people & transparent

• Every complaint will have to be heard – No complaint can be rejected without giving a hearing to the complainant. – If any case is closed like this, all records relating to it will be made public

• All records of all works will be open to the public, except some which: – Affect national security – Endanger the whistle blower– Impede the process of ongoing investigation. But after investigation is complete,

these will have to be disclosed

• Will have to publish every month on its website: – Cases received and cases disposed– Cases closed, reasons for closure– List of cases pending

3. By ensuring that Jan Lokpal and Jan Lokayukt are not influenced!

The Chairperson and members of Lokpal and Lokayukta will not be eligible for appointment to any position in the govt or for contesting elections after

they leave office.

4. By ensuring that if not working well, can be removed!

Swift and sure action can be taken against the Jan Lokpal, Jan Lokayukt and their staff if found guilty of misconduct or corruption

Complaints against Staff (PGO, AGO, VO, CVO) will be made to Jan Lokpal or Jan Lokayukta then:

– Enquiry of complaint within 1 month– If the allegation proved, Jan Lokpal or Jan Lokayukt will dismiss him from job in

the next 1 month– Criminal case will be registered under various sections of Indian Penal Code

and Prevention of Corruption Act

Ensuring, if not working well, can be removed!

Complaints against members and chair person of Lokpal and Lokayukta:

– Will be made to Supreme Court or respective High Court through a petition– A five judge bench of respective Court, will hear the petition– After hearing may order the formation of a Special Investigation Team (SIT)– SIT will have to conduct inquiry and submit its report within 3 months

On the basis of this enquiry report, the respective Court may order removal of the member or Chairperson.

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But now some people are saying………….Prime Minister should not be covered under Jan Lokpal!

Judiciary should not be covered under Jan Lokpal…….

People’s Grievances will overburden them….Lokpal should only investigate a few high profile cases of corruption!

……..Lokpal should not be given the responsibility of protecting the whistleblowers!

CBI, CVC and departmental vigilance should not be merged into Lokpal… Let Lokpal be a small body and let the existing anti-corruption bodies keep functioning in ineffective manner as they are……

What do you think? Please raise your voice

Don’t keep silent

Write to the newspapers and TV channels in

your area and tell them what do you want

Give us Suggestions on Jan Lokpal Bill…

By email: lokpalbillcomments@gmail.comOrBy post : A-119, First Floor, Kaushambi, Ghaziabad, Uttar Pradesh: 201010

2.2 Version of Jan Lokpal Bill can be downloaded from www.indiaagainstcorruption.org

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