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Jan lokpal vs lokpal

Date post: 10-Dec-2014
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some major differences between Jan-lokpal Bill of Anna Hazare and the Government of India's Lokpal Bill
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Anna Hazare vs. Dr. Manmohan Singh
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  • 1. Anna Hazare vs. Dr. Manmohan Singh

2. Jan-Lok Pal vsLokpal Bills
Dr. A. K. Verma
Chair
Department of Political Science
Christ Church College
Kanpur
3. Some Major Differences Between Jan lokpal Bill of Anna and Government Lokpal Bill
4. On Prime Minister
Anna Bill
Lok Pal - Investigate allegations of corruption against PM.
Full bench of Lok Pal to give permission in case of Ministers and PM
Special safeguards provided against frivolous and mischievous complaints
Government Bill
PM outside the purview of Lok Pal
Enquiry by Lokpal only after PM demits office
5. On Judiciary
Anna Bill
Lok Pal - power to investigate allegations of corruption against Judiciary.
Full Bench of Lok Pal to permit filing a case against a Judge
Special safeguards provided against frivolous and mischievous complaints
Government Bill
Judiciary outside the purview of Lok Pal
Government want a Judicial Accountability Bill (JAB) where two sitting and a retired Judge of the same court will give permission to enquire against allegations of corruption.
6. On Members of Parliament
Anna Bill
Lok Pal - investigate allegations that MPs have taken bribe to speak or vote in Parliament
Full bench of Lok Pal to give permission in case of MPs.
Government Bill
Speaking/Voting by MPsin parliament and its committees outside the purview of Lok Pal
Government defends it as a constitutional privilege to MPs
7. On Bureaucracy
Anna Bill
Lok Pal - investigate allegations about corruption of both higher and lower bureaucracy
All those defined as Public servant under prevention of Corruption Act 1988 be covered
Government Bill
Only Group A officers of Joint Secretary rank and above to be covered
Not to cover lower babus.
8. On NGOs
Anna Bill
JLP does not cover NGOs
Government Bill
The government bill includes officers of NGOs
NGOs who receive government funds
NGOs receiving any funds from the public
9. Selection of Lok Pal
Anna Bill
Government Bill
Selection Committee comprising:
Prime Minister
Leader of opposition in LS
2 youngest judges of S. Court
2 youngest Chief Justices of HC
Comptroller and Auditor General
Chief Election Commissioner
All previous Lokpals
Search Committee : 10 Members
5 members from retired ChiefJustices of India, Chief Election Commissioners and retired CAGs
They select another 5 members from civil society
Lokpal and Members selected fromcandidates shortlisted by search committee
Selection committee comprising:
Prime minister
Speaker of LS
Leader of Opposition in LS
Leader of Opposition in RS
PM nominated cabinet minister
Judge of SC nominated by CJI
HCJudge nominated by CJI
Govt. nominated eminent jurist
Govt. nominated person of eminence in public life
*Selection committee may , at its discretion constitutesearch Committee
10. Composition: Lokpal
Anna Bill
Government Bill
Lokpal:Chairman + 08 Members
Judicial members (04)- SCJudge/HC C. Justice
Non-judicial members (4)
person of impeccable integrity, outstanding ability and standing having special knowledge and expertise of not less than twenty-five years in the matters relating to anti-corruption policy, public administration, vigilance, finance including insurance and banking, law, and management
Lokpal : Chairman + 10 Members
Four persons from Judicial background-

  • 10 years a judge of the Supreme Court or High Court

11. 15 years being an advocate ofSupreme Court or High Courtpersons with impeccable integrity and record of public service particularly in the field of fighting corruption shall be eligible for being considered for nomination
12. Accountability of Lok Pal
Anna Bill
Government Bill
Mainly accountable to people
All orders of Lok pal are subject to writ jurisdiction of HCs under Art. 226.
IfHC does not decide within two months, the stay on Lok Pal order is vacated.
No further stay.
CAG conduct annual audit/ parliamentary committee annual appraisal.
Lokpal mainly accountable to Government
13. Removing Lok Pal
Anna Bill
Government Bill
Any citizen can make a complaint to Supreme Court
SC to enquire about misbehaviour, infirmity of mind or body, insolvency or paid employment
SC may recommend his removal to the President
SC recommendations within 3 months
President shall remove members of Lok Pal/Chairman on the basis ofSC recommendations
A complaint to the President by-
Any citizen
By 100 MPs
President shall make a reference to the CJIsui motoor on complaint
President shall remove Chairman/Members of Lok onrecommendation of CJI
That would in effect mean thatno proceedings can be initiated without the permission of the Government (President)
14. Lok Pal Staff
Anna Bill
Government Bill
In each state, an Independent complaint authority (five members)
Members selected by-
CJof HC of the state
Chairman of state Lokayukta
Chairman of State Human Rights Commission
Complaintagainst officer/staff of lok pal public hearing by the complaint authority and decided within two months.
HCs will have writ jurisdiction (Art 226)
Only Lok pal shall investigate the complaint against any officer, employee or agency under or associated with it
Complete enquiry within 30 days
15. Method of Enquiry
Anna Bill
Government Bill
As per Cr PC.
After preliminaryenquiry, an FIR will be registered.
After investigations, case will be presented before a court, where the trial will take place
Initiate investigations suomoto, or on the citizens complaint
Not need permission from anyone
Cr PC being amended to give special protection to the accused
After preliminary enquiry, all evidence provided to accused; heard why an FIR should not be registered against him.
After investigations, again all evidence provided to accused; heard why a case should not be filed against him in the court.
Unheard provisions in criminal jurisprudence
16. CBI
Anna Bill
Government Bill
Anti corruption branch of CBI should be merged into Lokpal
CVC to be merged with Lokpal
Government to retain hold over CBI
Recently, government has taken CBI out of RTI, thus further increasing the scope of corruption in CBI
17. Citizens Charter
Anna Bill
Government Bill
Every government office to put a citizens charter
Tells which official will do what
Tells the time limit in which a workwill be done by that official
Financial penalty of Rs. 500/- per day delay from the salary of Head of Dept. (max. Rs.50,000)
Citizens charter without penalties proposed earlier
Government went back on even that
18. Jan-Lokayuktas in States
Anna Bill
Government Bill
Wants its inclusion in the bill so that similar institution could be erected in states
The State Information Commissions were set up through single RTI Act.
No provision in the bill
Already there are Lokayuktas in states
U.P. passed Lokayukta law as early as in 1975
Lokayuktas are in existence in 18 states
19. Whistleblowers
Anna Bill
Government Bill
Lokpal provide protection to
Whistleblowers
Witnesses
Victims of corruption
No mention in Bill
Creates insecurity for
whistleblowers
Witnesses
Victims of corruption
by revealing their identitiesand making available all evidences to the accused at various levels of investigation
20. Punishment for Corruption
Anna Bill
Government Bill
Six months rigorous imprisonment to Life imprisonment
Special court may consider more severe punishment for accused holding higher ranks
Higher fines if accused are business entities
Blacklisting of business entity on conviction
Minimum six months
Maximum punishment 10 years
21. Punishment for False Charges
Anna Bill
Government Bill
Citizen could be fined up to 1 lakh
If frivolous charges against Lokpal staff/officers, then simple imprisonment up to 3 months in addition to fine.
Citizen gets minimum 2 years jail maximum 5 years
Fine minimum Rs. 25000 and maximum Rs. 2 lakhs
22. Thank You
Dr. A.K. Verma
Chair
Department of Political Science
Christ Church College
Kanpur


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