LOKPAL BILLLOKPAL BILLLOKPAL BILLLOKPAL BILL

LOKPAL BILL- AN OVERVIEWLOKPAL BILL- AN OVERVIEW

What is the Jan Lok Pal Bill?What is the Jan Lok Pal Bill? The bill has been drafted by eminent members of the The bill has been drafted by eminent members of the

civil society like Prashant Bhusan, Kiran Bedi, Lyngdoh civil society like Prashant Bhusan, Kiran Bedi, Lyngdoh and other. The bill proposes institution of the office of and other. The bill proposes institution of the office of Lokpal at the federal level and Lokakyukta at the state Lokpal at the federal level and Lokakyukta at the state level. Jan Lokpal Bill is designed to create an effective level. Jan Lokpal Bill is designed to create an effective anti-corruption and grievance redressal systems at anti-corruption and grievance redressal systems at centre and to assure that effective deterrent is centre and to assure that effective deterrent is created against corruption and to provide effective created against corruption and to provide effective protection to whistleblowers. This has been done after protection to whistleblowers. This has been done after the government of India has failed to pass the Lokpal the government of India has failed to pass the Lokpal Bill for 42 years reflecting the systemic corruption as Bill for 42 years reflecting the systemic corruption as the members of the legislature don’t want their the members of the legislature don’t want their powers to be curbed and their actions made powers to be curbed and their actions made accountable.accountable.

Powers of Lokpal –

a) Initiate prosecution against public servants as well as those private entities

b) Order cancellation or modification of a license or lease or permission or contract

c) Blacklist the concerned firm or company or contractor

d)Take necessary action to provide protection to a whistleblower

e) Suomoto initiate appropriate action under this Act

f) Power to Issue Search Warrants

g) For the purpose of any such investigation (including the preliminary inquiry) the Lokpal shall have all the powers of a civil court

h) Lokpal to be a deemed police officer

i), Lokpal may decide to impose a fine on the officials responsible for the non- compliance of its orders.

k) Power to issue Letter of Rogatory

A look at the salient features of Jan Lokpal Bill:

1. An institution called LOKPAL at the centre and LOKAYUKTA in each state will be set up

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

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

3. Time bound proceedings

4. The loss that a corrupt person caused to the government : to be recovered

5. How will it help a common citizen: penalty imposed on officials be given as compensation

6. What will happen to existing anti-corruption agencies? CVC, departmental vigilance and

anti-corruption branch of CBI will be merged into Lokpal. Lokpal will have complete powers

and machinery to independently investigate and prosecute any officer, judge or politician.

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

raising their voice against corruption.

As of today, corruption by PM can be investigated under Prevention of Corruption Act.

NO OBJECTIONS TO JUDICIARY BEING INCLUDED IN JAB IF A STRONG AND EFFECTIVE JAB WERE CONSIDERED AND IT WERE ENACTED SIMULTANEOUSLY

Government had agreed to this demand in the Joint committee meeting on 23rdMay. It is unfortunate they have gone back on this decision

CBI is misused by governments. Recently, govt has taken CBI out of RTI, thus further increasing the scope for corruption in CBI. CBI will remain corrupt till it remains under government’s control

Definition of public servants as that in Prevention of Corruption Act.

One fails to understand government’s stiff resistance against bringing lower bureaucracy under Lokpal’s ambit. This appears to be an excuse to retain control over CBI because if all public servants are brought under Lokpal’s jurisdiction, government would have no excuse to keep CBI.

It is to be noted here that state Information Commissions were also set up under RTI Act through one Act only

OTHER PROVISIONS•Each bureaucrat, politician and judge would be required to submit his/her statement of moveable and immoveable assets on an annual basis, which will be put on the official website.

• If an asset of substantial value is subsequently found to be owned by a public servant, it would be deemed to have been obtained through corrupt means.

•After each election, the Lokpal will verify the assets declared by each candidate from his/her declared sources of income in his/her tax returns. If undeclared assets are found, they will become the subject of investigation.

•Lokpal will publish every month on its website the status of cases received, disposed, closed, reasons for closure and the list of cases pending.

RECENT UPDATE:On 25th August, 2011; A discussion in the House over the issue saw the two sides moving closer to a consensus on most points, including the three sticky issues of including the lower bureaucracy, appointing Lokayuktas in states and having a Citizens' Charter, which were a bone of contention in the past