LM, lokpal

8/11/2019 LM, lokpal

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LEGAL METHOD PROJECT ON

LOKPAL:Protector OF The People

Hidayatullah National Law University

Raipur, Chhattisgarh

Submitted to:

Ms. ShraddhaRajput

(Faculty of Law, HNLU Raipur)

Submitted by:

Abhinav K Shukla

Roll No.-3

Semester- I, B.A.L.LB.(Hons.)


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LOKPAL: Protector of The People

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TABLE OF CONTENTS

1.

Declaration. 2

2. Acknowledgements....3

3. Scope, Objective and Research Methodology.4

4. Introduction5

5. Origin and History......6

6. Jan Lokpal Bill-Need of the hour....8

7. What is Jan Lokpal Bill? .............. 9

8. Government Lokpal Bill vs. Jan Lokpal Bill..12

9. Some other important issues in Annas Jan Lokpal Bill14

10.Seven essentials for a credible lokpal...16

11.Criticism to Lokpal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

12.

Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

13.Bibliography23


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1.DECLARATION

I, Abhinav K Shukla hereby declare that, the project work entitled, Lokpal submitted to

H.N.L.U., Raipur is record of an original work done by me under the able guidance of Ms.

Shraddha Rajput, Faculty Member, H.N.L.U., Raipur.

Abhinav K Shukla

Roll No.3

Batch XII

Sem 1

31/08/2012


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2.Acknowledgements

Thanks to the Almighty who gave me the strength to accomplish the project with sheer hard

work and honesty. This research venture has been made possible due to the generous co-

operation of various persons. To list them all is not practicable, even to repay them in words is

beyond the domain of my lexicon.

This project wouldnt have been possible without the help of my teacher Ms. Shraddha Rajput

at the Faculty of Law at HNLU, who had always been there at my side whenever I needed some

help regarding any information. She has been my mentor in the truest sense of the term. The

administration has also been kind enough to let me use their facilities for research work. I thankthem for this.


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3.Scope of Study:

The scope of my study includes the features of Lokpal and its need in the present scenario. There

is a discussion on how importantrole a Lokpal bill can play in removing corruption from India.In my study, I have included the points of difference between Governments Lokpal Bill and

Annas Jan Lokpal Bill.I have also included few points of criticism to Lokpal and why Lokpal is

not the solution.

Objectives of Study:

The basic objective of my study is to find out that what actually a Lokpal means, to discuss

various advantages and disadvantages of a Jan Lokpal Bill and comparing the Governments

Lokpal Bill with Annas Jan Lokpal Bill so that we can come out with the best solution to

remove corruption from India.

Research Methodology:

This project work is descriptive & analytical in approach. It is largely based on the analysis of

various features of Lokpal Bill, its requirement in the world of corruption and how much

effective it can be in making the country corruption free. Books & other references as guided by

faculty of Legal Methods are primarily helpful for the completion of this project.


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4.Introduction:

The Honorable Supreme Court of India has said:

Corruption is the worst form of Human Rights Violation1

India is a democratic country and a democratic government is called as By the people, For the

people and Of the people2, but the Indians are not getting the proper benefits as the citizens of

a democratic country should get. Corruption is a very big reason for this. To fight against this

country wide spread web of corruption, the concept of Lokpal was brought long back but

unfortunately by the grace of our great ruling parties and the politicians, it has not been

implemented till date.

Now a days we all hear so much about Anna Hazare going for hunger strike, huge crowd

following him and several other protests all over the nation for the implementation of the so

called Jan Lokpal Bill. So the first question which comes in our mind is What is Lokpal?

A Lokpal is a proposed ombudsman (Legal Representative) in India. The word is derived from

the Sanskrit word "lok" (people) and "pala" (protector/caretaker). So Lokpal means protector

orcaretaker of the people.3

Building public institutions is like slow boring of hard boards4

The Lokpal is a proposed body to be enacted as a law by Parliament, which will be headed by a

chairperson who is or was a Chief Justice of India and eight other members.

The basic idea of the Lokpal is borrowed from the office of the ombudsman in other countries. It

provides for filing complaints of corruption against ministers and members of parliament with

the ombudsman.

1Given by supreme court while giving the decision in Kanimozhis 2G spectrum case. *2011(125) DRJ 200+.

2Said by the President of USA Abrahim Lincon.

3file:///Lokpal/Lokpal%20-%20History,etc.html.

4Said by Rajeev Chandrashekhar, Member of Parliament and Entrepreneur in a speech in Rajyasabha.


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5.Origin and History:

The concept of a constitutional ombudsman was first proposed in parliament by the Law

Minister Ashoke Kumar Sen in the early 1960s. The first Jan Lokpal Bill was proposed by ShantiBhushan in 1968 and passed in the 4th LokSabha in 1969, but did not pass through the

RajyaSabha. Subsequently, 'lokpal bills' were introduced in 1971, 1977, 1985, again by Ashoke

Kumar Sen, while serving as Law Minister in the Rajiv Gandhi cabinet, and again in 1989, 1996,

1998, 2001, 2005 and in 2008, yet they were never passed.[1] Forty-two years after its first

introduction, the Lokpal Bill is still not enacted in India.

The Lokpal Bill provides for the filing, with the ombudsman, of complaints of corruption against

the prime minister, other ministers, and MPs. The Administrative Reforms Commission (ARC)

5

recommended the enacting of the Office of a Lokpal, convinced that such an institution was

justified, not only for removing the sense of injustice from the minds of citizens, but also to

instill public confidence in the efficiency of the administrative machinery.

Following this, the Lokpal Bill was, for the first time, presented during the fourth LokSabha in

1968, and was passed there in 1969. However, while it was pending in the RajyaSabha, the

LokSabha was dissolved, and so the bill was not passed.

The bill was revived several times in subsequent years, including in 2011. Each time, after the

bill was introduced to the House, it was referred to a committee for improvements, to a joint

committee of parliament, or to a departmental standing committee of the Home Ministry. Before

the government could take a final stand on the issue, the house was dissolved again. Several

conspicuous flaws were found in the 2008 draft of the Lokpal Bill. The basic idea of a lokpal is

borrowed from the Office of the Ombudsman, which has the Administrative Reforms Committee

of a lokpal at the Centre, and lokayukta in the states.

Anna Hazare fought to get this bill passed, and it did pass on Dec 27, 2011, around 9:30, with

some modifications. These were proposed as the Jan Lokpal Bill. However, Hazare and his team,

as well as other political parties, claimed that the Lokpal Bill passed was weak, and would not

5Committee appointed by the govt. of India for giving recommendations for reviewing the public administration

system of India.


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serve its intended purpose. So the proposed bill by the ruling Congress Party has yet to be

accepted in the RajyaSabha. As of Dec 29, 2011, the bill was being deferred to the next

parliamentary session, amid much controversy and disruption by the LJP, RJD and SP parties

and it could not be passed even in the summer session of parliament. The media at large, and the

opposition parties claimed the situation had been staged.


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6.Jan Lokpal Bill-Need of the hour:6

India, the so called land of Vedas, Upanishads, festivals, culture, and religion has become the

land of corruption. From a clerk and a peon to the central union ministers, everybody is in the

trap of corruption. The consequences or ill effects of this disease are being suffered by the

common man. This problem has spread its web all around the country. The citizens of India are

fade up of it.They want a revolution, a change in the system, change in the society so that they

can atleast get the things which they should get as being the citizens of a democratic country.

To fight against the widely spread web of corruption, the concept of Jan Lokpal Bill or

Citizens Ombudsman Billwas first time introduced long back in 1970s but it has notbeen

brought in action till date.

But now the demand of implementing the Jan Lokpal Bill has increased a lot. That is the reason

why Anna Hazare and his team is getting so much public support. This is all because the Indians

dont want any more scams of thousand crores to take place1. They dont want their money to be

wasted in such scams.

India is witnessing an unprecedented mobilization of people and minds on the issue ofGovernance and Corruption, and more specifically, about the Lokpal institution which is being

discussed as a centerpiece of the architecture of a more transparent and accountable form of

Government.

This movement comprising of millions of Indians all over the country is remarkable for its non-

violent and apolitical nature and is the most visible proof of the peoples participation and

vibrant democracy since Independence.

As representatives of the people within Parliament, it is the beholden duty of MPs to respond to

this outpouring of views and concernsvoiced by our fellow citizens, but do so responsibly.

6India Today-A Times Group Weekly Magazine.


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Features of the Jan Lokpal Bill:

An institution called Lokpal at the centre and Lokayukta in each state will be set up.

Like the Supreme Court and Election Commission, they will be completely independent

of governments. No minister or bureaucrat will be able to influence their investigations.

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 the next one

year so that the corrupt politician, officer or judge is sent to jail within two years.

The loss that a corrupt person caused to the government will be recovered at the time of

conviction.

How will it help a common citizen? If the work of any citizen is not done in a prescribed

time, in any government office, Lokpal will impose a financial penalty on the guilty

officers, which will be given as compensation to the complainant.

So, you could approach Lokpal if your ration card or passport or voter card had not been

made, or if the police are not registering your case, or if any other work is not being done

in the 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 rations being siphoned off, poor quality

roads being constructed or panchayat funds being siphoned off.

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, not by politicians, through a completely transparent and

participatory process.

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

will be investigated and the officer dismissed within two months.

What will happen to existing anti-corruption agencies? CVC, the departmental vigilance

and anti-corruption branch of the CBI, will be merged into Lokpal. Lokpal will have

complete powers and machinery to independently investigate and prosecute any officer,

judge or politician.

It will be the duty of the Lokpal to provide protection to those who are being victimized

for raising their voice against corruption.


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Fundamental duties

To judge the cases and make jurisdictions against corruption cases with the Lokpal.

To judge whether a case is genuine or whether a fake complaint has been made.

To potentially impose fines on a fake complaint, or even a short span of jail time, if the

case is not proved to be legally true.


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8.Government Lokpal Billvs.Jan Lokpal Bill8:

The government's Lokpal Billhas kept the Prime Minister and the judiciary as well as

conduct of MPs in Parliament out of the ambit of the anti-corruption watchdog. The PM,

however, will come under the purview of Lokpal after he demits office.

The bill gives permission to Lokpal to probe any Union minister or officials of Group

'A'7and above rank without any sanction.

According to the government's draft, the body will have a chairperson and eight

members, including four judicial members - who will be former or sitting judges of

Supreme Court or chief justices of the high court.

The LokAyuktas in the states does not come under the purview of this bill as the Centre

cannot intervene in the powers of the state.

The Lokpal will have its own prosecution and investigation wing with officers and staff

necessary to carry out its functions.

8EPW-Economic and political weekly


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What is Anna Hazare and civil society's proposed Jan Lokpal Bill for which

they are fighting for?

The Jan Lokpal Bill, also referred to as the citizens' ombudsman bill, is intended as a

more effective improvement to the original Lokpal Bill that is currently being proposed

by the the government. The prefix 'Jan' (citizens) has been added to highlight the fact that

these improvements include inputs from ordinary citizens through an activist-driven, non-

governmental public consultation.

The arguments given in favour of the Jan Lokpal Bill is that if made into a law, it will

create an independent ombudsman body outside government control that will have the

power to register and investigate complaints against politicians and public servants

without the need to get a prior approval from the government. The proponents of Jan

Lokpal Bill believe that it will effectively redress citizen's grievances, protect whistle-

blowers and more importantly, deter corruption.


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9.Some other important issues in Annas Jan

Lokpal9:

1.

Citizen's Charter and Grievance Redressal Bill:

Every public authority or government department has to publish a citizen's charter that

clearly lists all the services that department has to render along with timelines.The bill also provides for a grievance redressal mechanism for non-compliance of

citizen's charter.The Bill sets up a central public grievances redressal commission - and

an equivalent in every state. If the work of the citizen is not being done in the timeline

mentioned in the citizens charterthen the citizen can file a complaint in the grievances

redressal commission against the negligent officer or department.

2. Whistleblower Protection Bill:

Whistleblower protection in India refers to provisions put in place in order to protect

someone who exposes alleged wrongdoing. The wrongdoing might take the form of fraud,

corruption or mismanagement.

As of August 2012, India does not have a law to protect whistleblowers; however, the

Public Interest Disclosure and Protection to Persons Making the Disclosure Bill, 2010 was

approved by the Cabinet of India as part of a drive to eliminate corruption in the country's

bureaucracy.1

9From the site of India Against Corruption which was introduced by Arvind Kejriwal (a team anna member).


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3. Judicial Accountability bill:

The Judicial standards and accountability bill seeks to establish a credible mechanism to

probe complaints of misbehavior by judges. It aims to aid setting of new probity standards

in the Indian judiciary. The judiciary related bill lays down judicial standards and provides

for accountability of judgesand to establish credible and expedient mechanism for

investigating into individual complaints for misbehavior or incapacity of a judge of the

Supreme Court or of a High Court. It also provides to regulate the procedure for such

investigation; and for the presentation of an address by parliament to the president in

relation to proceeding for removal of a judge and for matters connected with such

matters.Judges will also be required to declare their assets and liabilities, and also that oftheir spouse and children within 30 days of the judge taking his oath to enter his office.

The judicial accountability bill was introduced in the LokSabha in 2010 and was then sent

to the parliamentary standing committee on personnel; law and justice, which made a

crucial recommendation that seeks to "restrain" judges from making "unwarranted

comments" against other constitutional bodies or persons.Every judge will also have to

file an annual report of his assets and liabilities. The assets and liabilities of the judge will

be displayed on the website of the court to which he belongs.

4.To Bring CBI under Lokpal:

As it has been seen in many cases recently that although CBI is an independent body but

still it has been in the direction and control of the central government and the party in

power has used it repeatedly to settle its political scores . To make CBI free from the

influence of the central government, Anna Hazare and his team has demanded to bring

CBI under Lokpal.


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10. Seven Essentials for a Credible Lokpal

Bill10:

Lets be clear corruption is a consequence of poor or absent governance. The Supreme Court

has said - Corruption is the worst form of human rights violation. Poor governance combined

with profligate spending and welfare scheme after welfare scheme, without even the faintest

effort in linking spending to outcomes and objectives has created a thriving ecosystem of

vested interests and corruption.

The focus, therefore, needs to be strongly on Governance reforms and changing the way our

Government functions to bring in more accountability and a culture of value and respect for

public money and assets. Most of our institutions of Government have long since been corroded

through political interference and exploitation These institutions need to be rebuilt and

credibility re-established. Like the judiciary and CAG have made the country proud, we need

all the other institutions to be as functional, independent and responsible. In Webers memorable

words, Building public institutions is like slow boring of hard boards.

The Lokpal that we are discussing is such a new institution that we need to build to increase the

credibility within our people.

There is an unnecessary and misguided debate on the Government Lokpal versus Jan Lokpal

Bill. Instead, lets simply ask for the requirements. The requirements for a credible Lokpal

institution are:

1. The Lokpal should be independent.

2. The Lokpal should have adequate investigative power.

3. The Lokpal should have adequate resources.

4. The Lokpal should ensure confidentiality.

10Rajeevs Blog *ByRajeev Chandrashekhar (member of Rajyasabha) in a session on lokpal at Rajyasabha]


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5. The Lokpal should have international mutual assistance.

6. The Lokpal should be professional.

7. The Lokpal should be constitutionally compatible.

If we apply these above 7 criteria the Jan Lokpal Bill provides for a much more effective

institution. Strong laws are the best deterrent against corruption. Of course, there are some areas

of Jan Lokpal Bill that need to be examined from a constitutional compatibility point of view.

This is an unprecedented opportunity for the Parliament to establish that it hears and is

responding to the voices and concerns of the people that we represent


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11.

Criticism to Lokpal

5 Reasons why JanLokpal Bill is not the

solution11:

What will the Janlok Pal Bill do?

The idea is to establish a complaint redressal system which will be on top of the existing

governance system of our country. It will cover the complete system i.e. from the lowest ranked

official to the PM (under debate as of now) and so there will be an anti-corruption officer who

will ensure that the state officials are not corrupt.

Why should we not support Jan Lokpal Bill?

The problem is the complexity and the size of the state, Jan Lokpal just increases it:

What the bill will do is that it will make the system a lot more complex and increase the

size of the state, while what we need are measures to reduce its size. The state is involved

in things that it should not be. Cut out licensing, permits and stupid rules that the state

imposes on us and no one will need to bribe any officials to get their work done.

People bribe to circumnavigate rules, why create more?

The reason corruption exists is coz people need to bypass rules to get their work done

simply coz the officials wouldnt let you work if you go by them. So why not just abolish

them? Instead we are making more of them. So now, you can also be exploited by the

11By Aditya Kumar Nayak-a famous blogist.


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lokpal and we will end up paying double the bribe for getting your work done. First to the

government official, then to the anti-corruption officer.

If you have mass support? Use it:

Honestly, I have my doubts but if people like Anna Hazare and Baba Ramdev are so

popular, why dont they ask their followers to stop paying bribes for the next one year.

Not just that, they have many other leaders on board like KiranBedi and Sri Sri

RaviShankar. All these people have millions of followers some of who are also very

influential people. Just this one step will go a long way in reducing corruption.

Democracy cant be undermined:

Its the same reason why I have opposed the Telangana Movement before and I oppose

Anna Hazare and Ramdevs movements. You cant bully an elected parliament using

undemocratic ways. They keep saying they have the whole nation with them, then why

only 20,000 people turn up at Raj Ghat? Furthermore, if they have the huge support they

claim then why dont theycontest elections and then bring in the bill?

JanlokPal will fail to curb corruption:

Jan Lokpal has been one of Indias largest movements in recent years that is built on

common mans anger against the power elite. And I have my reasons to believe that its

not going to be the last. But if the Jan lokpal that this bill is going to establish fails at

ending corruption as it is most likely to, the common man will again start believing that

India meinkuchnahinbadalta.Instead, lets focus on something constructive and

something which will actually work. I dont think Jan lokpal will and is just a waste of

time and resources.


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Idea of Lokpal unworkable, would create

blackmailers12:

The idea of setting lokpal is completely unworkable as the proposed anti-graft body would not be

able to cope with the lakhs of complaints it may receive lakhs of complaints will come which

cannot be handled by one person, therefore 55,000 Lokpals would be required. Lokpal would be

required in every district.There are over 50 lakh government employees and lakhs of complaints

may be filed which cannot be handled by one person.

Also it cant be guaranteed that the lokpals or lokayukt would not turn corrupt and if they turn

corrupt, they will definitely become blackmailers.

If we create a parallel bureaucracy then how will the government function? This is completely

unworkable.

This would involve infrastructure and expenditure including salary, accommodation, staff and

office place.

Criticizing Lokpal doesnt means that we would support corruption, but common sense has to be

used.

Anna Hazare seems to be an honest man, but he does not have a scientific approach. Are

problems solved by slogan shouting? As far as Jan Lokpal is concerned, no government will be

able to function under it.

12By Markandey Katju (retired supreme court judge and present chairman of Press Trust Of India)


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12.Conclusion

Corruption will be out one day, however much one may try to conceal it: and the public can

as its right and duty, in every case of justi f iable suspicion, call i ts servants to str ict account,dismiss them, sue them in a law court, or appoint an arbi trator or inspector to scrutin ize their

conduct, as it likes.

- Mahatma Gandhi (1928)

India is a country where honesty and integrity in public and private life have been glorified and

upheld in great epics such as the Vedas, Upanishads and in the books and practices of every

religion practiced here.

Yet, India today is one of the most corrupt countries in the world.

Bringing public servants under a scanner which makes them strictly accountable is the start of a

movement against corruption in India. And one significant step in attacking the spectre of

corruption in India will be the implementation of the LOK PAL BILL.

Although the lokpal has many backgrounds and is being criticized by many people, but still there

is no best alternative of the lokpal bill to remove corruption from the present era.

This Bill is an outcome of the findings of the Santhanam Committee18

for the Prevention of

Corruption. The Administrative Reforms Commission in their interim report Problem of Redress

of Citizens recommended the setting up of the institution of Lokpal in 1966. The LOK PAL

BILL provides for speedy trials of corrupt practices by parliamentarians.

Despite the fact that the LOK PAL BILL appears on the election manifesto of every major

political party, 40 years later Indians parliamentarians are still dragging their feet over the

implementation of the Bill.

The Lok Pal Bill has been introduced 8 times in as many LokSabhas and has been put to an

unnatural death thereafter.

In 2001 this Bill was passed by the BJP cabinet, and then rejected in Parliament.


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In 2004 the Prime Minister Manmohan Singh himself admitted soon after the UPA Government

came into power that the need for the Lokpal is much more urgent at present than ever before

and promised to take effective action without further delay.

AS ON DATE, THIS BILL HAS STILL NOT BEEN PASSED.

CORRUPTION KILLS THE COUNTRY AND EVERY CITIZEN OF THIS COUNTRY.

AS RESPONSIBLE VOTERS AND CITIZENS OF INDIA, LET US MAKE A STARTIN HELPING

OUR COUNTRY DEAL WITH AND ELIMINATE CORRUPTION!!

LET US PUT PEOPLE PRESSURE ON THE GOVERNMENT TO PASS THE LOK PAL BILL!!


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13.BIBLIOGRAPHY/WEBLIOGRAPHY

1.

The Indian ExpressJournalism of courage.

2. India Today-A Times group weekly magazine.

3. EPW-Economical and Political Weekly.

4. Wikipedia-The free encyclopedia

5. www.indiaagainstcorruption.org

6. www.rajiv.in/pages/Media_Kit.aspx

7. Newspapers- The Hindu, The Times of India, etc.

8. www.scconline.co.in

9. www.manupatra.com
http://www.indiaagainstcorruption.org/http://www.indiaagainstcorruption.org/http://www.rajiv.in/pages/Media_Kit.aspxhttp://www.rajiv.in/pages/Media_Kit.aspxhttp://www.scconline.co.in/http://www.scconline.co.in/http://www.manupatra.com/http://www.manupatra.com/http://www.manupatra.com/http://www.scconline.co.in/http://www.rajiv.in/pages/Media_Kit.aspxhttp://www.indiaagainstcorruption.org/

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