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Lokpal (1)

Date post: 06-Apr-2018
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    A presentation by :- Siddesh Chimulkar(1025)

    Amey Padte(1033)

    Saptesh Palekar(1036)

    Kishan Pednekar(1038)

    Sanika Prabhu(1040)Shawn Vaz(1056)

    SEMINARS

    ON GENERAL TOPICS

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    Annas Anti Corruption Movement

    Success

    Raised a very sensitive issue as majority of Indians

    have been victim of this disease

    The number of ever increasing corruption cases

    Rising inflation coupled with failure of the

    government to deliver goods on several fronts

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    Mass Communication ( Indian medias pivot

    role )

    Civil society created pressure by being withopposition.

    Non-violence movement

    Leader and team effort

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    History

    The first Jan Lokpal Bill wasproposed

    by Shanti Bhushanin 1968 and passed inthe

    4th Lok Sabha in 1969.

    Subsequently, Lokpal bills were introduced in

    1971, 1977, 1985, 1989, 1996, 1998, 2001,

    2005 and in 2008 butyetnotpassed.

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    WhatisJan Lokpal

    Jan Lokpal Billisaproposed anti-corruptionlaw drowns up byprominent civilsocietyactiviststo deter corruption effectively.Word ofJan Lokpal Bill derives from Lokpal which meansombudsman (Legal Representative) in India.

    Lokpal word has been derived fromthe Sanskrit words "loka"(people) and "pala" (protector/caretaker). So Lokpalismeantasthe 'protectorofpeople.

    The Jan Lokpal billprovidespowerstoof filing complaintsofcorruptionagainstthe prime minister,otherministersandmembersofparliament with the ombudsman.

    The Lokpal will have athree-member body with achairperson. The chairperson will be a chief justice orSupreme Court judge. Othertwomembers will be high courts

    judgesor chief justices.

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    Jan Lokpal 2011 The Jan Lokpal Bill 2011 isa draftanti-corruption bill.

    The billis drafted byJustice Santosh Hegde (former

    Supreme CourtJudge and present Lokayuktaof

    Karnataka), Prashant Bhushan (Supreme Court

    Lawyer) and Arvind Kejriwal (RTI activist). The draftBillpredictsasystem where a corruptperson would

    goto jail withintwoyearsif he found guilty. Itseeks

    powertoprosecute politiciansand bureaucrats

    without governmentpermission.

    The drafting committee would have 10 members

    including 5 fromthe governmentand five fromthe

    civilsociety.

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    Lokpal bill: Who stands where

    Glance on where various parties and Team

    Anna stands on key issues

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    Inclusion of Prime Minister

    Civil Society

    Under Lokpal

    Political Parties

    Congress: Under

    Lokpal (3/4th of

    members supporting

    inquiry)

    BJP: Under Lokpal

    Samajwadi Party:Notunder Lokpal

    RJD:Not under Lokpal

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    Inclusion of Central Bureau ofInvestigation

    under Lokpal

    Civil Society

    Under Lokpal

    Political Parties

    Congress:Not under

    Lokpal

    BJP: Under Lokpal

    (splitting anti-corruption

    wing)

    Samajwadi Party: Not

    under Lokpal RJD:Not under Lokpal

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    Lower bureaucracy

    Civil Society

    Under Lokpal

    Political Parties

    Congress:Not under

    Lokpal but under CVC

    BJP: Under Lokpal

    (splitting anti-corruption

    wing)

    Samajwadi Party:No

    clear stand RJD:No clear stand

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    Minorities' reservation in Lokpal

    Civil Society

    No clear stand

    Political Parties

    Congress: Political pressure

    hence last minute added

    BJP: Opposed stating its

    unconstitutional

    Samajvadi Party & RJD:

    Most vocal in raising the

    issue of reservation forminorities, supported by left

    parties

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    ADVANTAGES

    1. Aninstitution called Lokpalatthe centre and LOKAYUKTAin each state will be set up

    2. Like Supreme Courtand Election Commission,they willbe completelyindependentofthe governments.

    3. Noministeror bureaucrat will be able toinfluence theirinvestigations.

    4. Investigationsinany case will have to be completed inoneyear.

    5. Trialshould be completed innextone yearsothatthe

    corruptpolitician,officeror judge issentto jail withintwoyears.

    6. The lossthata corruptperson caused tothe governmentwill be recovered atthe time of conviction.

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    DISADVANTAGES

    Huge burdenon governmenttorunthis,itneeds

    huge moneytomanage the head counts.

    How someone can guarantee there will be No

    ministeror bureaucratinfluence ontheir

    investigations.?

    How canit be assured that Lokpalmembersare

    not corrupted? We dont understand whyitneeds 1 year for

    decisionand another 1 year forthe punishment.

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    Jan Lokpal Bill will improve existing anti-corruption systems

    Existing conditions

    Nopoliticianorseniorofficer ever goesto jail

    despite huge evidence because Anti Corruption

    Branch (ACB) and CBI directly come underthe

    government. Before starting investigationor

    initiating prosecutioninany case,they have to

    take permission fromthe same bosses,against

    whomthe case hasto be investigated.

    No corruptofficeris dismissed fromthe job

    because CVC which issupposed to dismiss

    corruptofficers,isonlyanadvisory body.

    Noactionistakenagainst corrupt judges

    because permissionisrequired fromthe Chief

    Justice of Indiato evenregisteran FIR against

    corrupt judges.

    System Proposed by civil society

    Lokpal at centre and Lokayukta at state level

    will be independent bodies. ACB and CBI will

    be merged into these bodies. They will have

    power to initiate investigations and

    prosecution against any officer or politician

    without needing anyones permission.

    Investigation should be completed within 1

    year and trial to get over in next 1 year. Within

    two years, the corrupt should go to jail.

    Lokpal and Lokayukta will have complete

    powers to order dismissal of a corrupt

    officer. CVC and all departmental vigilance will

    be merged into Lokpal and state vigilance will

    be merged into Lokayukta.

    Lokpal & Lokayukta shall have powers to

    investigate and prosecute any judge without

    needing anyones permission

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    Existing Conditions

    Nowhere to go - People expose corruption

    butnoactionistakenontheir complaints.

    There issomuch corruption within CBI

    and vigilance departments. Theirfunctioning issosecretthatit encourages

    corruption withinthese agencies

    Nothing inlaw torecoverill gotten

    wealth. A corruptperson can come outof

    jailand enjoythatmoney.

    Smallpunishment for corruption-

    Punishment for corruptionisminimum 6

    monthsand maximum 7 years.

    System Proposed by civil society

    Lokpal & Lokayukta will have to enquire

    into and hear every complaint.

    All investigations in Lokpal & Lokayukta

    shall be transparent. After completion ofinvestigation, all case records shall be

    open to public. Complaint against any

    staff of Lokpal & Lokayukta shall be

    enquired and punishment announced

    within two months.

    Loss caused to the government due to

    corruption will be recovered from all

    accused.

    Enhanced punishment - The punishment

    would be minimum 5 years and

    maximum of life imprisonment.

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    ?

    Should the

    Prime Ministerbe brought within the purview of the

    proposed Lokpal

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    ?

    Should the

    judges of the High Court and

    the Supreme Court

    be brought within the purview of the

    proposed Lokpal


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