Lokpal Talk @ JNCASR, Bangalore

Rajesh Ranjan Ci+zen of India

Corrup+on fa+gue and

THE LOKPAL DEBATE

Disclaimer

I am perhaps not the best moral authority to talk about this, even among the crowd present here. I don’t deny of having a past of paying bribes to get things done, which otherwise seemed impossible in exis+ng system. This in no way I feel, deters me to dream, or any Indian ci+zen to dream, for that maCer, to breath in a country free from corrup+on.

"I think one of the byproducts of the communica8ons explosion is a sort of

'corrup'on fa'gue.' We've lost our ability to be shocked or enraged by the

machina8ons of poli8cians. We've been ba?ered with such frequency that we've become indifferent. We're punch drunk

with scandal.”

Larry Gelbart (American television writer, playwright, screenwriter and author)

Corrup8on in India

•  2005 study conducted by Transparency Interna+onal in India found that more than 55% ofIndians had first-‐hand experience of paying bribes or influence peddling to get jobs done in public offices successfully

•  In 2010 India was ranked 87th out of 178 countries in Transparency Interna+onal's Corrup+on Percep+ons Index.

Corrup8on in India : Governmental bodies to check corrup+on

• Central Vigilance Commission (CVC) • Created in 1964 to address governmental corrup+on. • Status of an autonomous body, only 200 staff • No inves+ga+on power, merely advisory body

• Central Bureau of Inves8ga8on (CBI) • India’s Federal Agency • Involved in many controversies

• Bofors, Hawala, Nithari Killings, Sohrabuddin case, Bhopal gas tragedy etc.

• Central Informa8on Commission (CIC) • Set up under the Right to Informa+on Act

• Comptroller and Auditor General (CAG) •  Audits all receipts and expenditure of the Government of India and the state governments





• Lokayukta in States: • Based on the Ombudsman in Scandinavian countries • 3-‐member body, headed by a re+red Supreme Court judge or high court chief jus+ce • NOT present in every state or not sufficiently powerful

• Whistleblowers: • Law not sufficient to protect whistleblowers

• Case of Satyendra Dubey

• An8-‐corrup8on organiza8ons: • India Against Corrup+on • Jaago Re! One Billion Votes • Associa+on for Social Transparency, Rights And Ac+on (ASTRA) • 5th Pillar • LokSaCa Movement • Bharat Swabhimaan

Corrup8on in India : Ini+a+ves to tackle graf

• Right to Informa+on act (RTI) • Social Audit

• Scru+ny of the public u+lity against its social relevance • E-‐governance

• IT as tool to enable greater public access • Ci+zens’ Charter

• Time frame of service delivery •  Grievance redressal mechanisms •  Transparency and accountability

Vital Stats: Corrup+on cases against govt. officials

Source: PRS Legisla+ve Research (www.prsindia.org)









Does the govt. has poli+cal will to fight corrup+on?

Corrup8on in India

Name Posi+on Charge Trial Result

Prakash Singh Badal

Chief Minister of Punjab

Chea+ng, Possessing assets dispropor+onate to known sources of income

AcquiCed afer witnesses turned hos+le

Ashok Chavan

Former Chief Minister of Maharashtra

Adarsh Housing Society Scam Accused by CBI, trial pending

Balram Jakhar

Union minister and Speaker Hawala (illegal foreign exchange) case AcquiCed of all

charge

Suresh Kalmadi

Member of Parliament

Criminal conspiracy and chea+ng related to 2010 Commonwealth Games

Indicted and arrested, Awai+ng trail

M. K. Kanimozhi

Member of Parliament 2G spectrum scam

Indicted and arrested, Awai+ng trial

Madhu Koda

Chief Minister of Jharkhand

Rs 40000 crores (USD 8.8 bn) graf money case

In jail since 2009, inves+ga+on con+nues

Corrup8on in India

A. Raja Cabinet Minister for and IT

2G spectrum scam Indicted and arrested, Awai+ng trial

Sukh Ram Former Telecom minister

Corrup+on Sentenced to five years inprisonment

P. V. Narasimha Rao

Ex-‐Prime Minister

Alleged offering of bribes, alleged framing of V.P. Singh, and chea+ng Lakhubhai Pathak

Higher court overturned convic+on in the first case and the trial court acquiCed him in the other two cases

Y. S. Jaganmohan Reddy

Member of Parliament

Accumula+ng huge wealth dispropor+onate to his known sources of income

Charge sheeted by CBI ,Awai+ng prosecu+on

Lalu Prasad Yadav

CM of Bihar, Minister of Railways

Fodder scam, others acquiCed in 2006

B. S. Yeddyurappa

Former CM of Karnataka Illegal mining scam

Surrendered to Lokayukta court, in judicial custody awai+ng trial

The best thing about Indian poli8cians is that they make you feel you are a be?er person. Not surprisingly, Indians oSen

derive their moral confidence not through the discomfort of examining their own

ac8ons, but from regarding themselves as decent folks looted by corrupt, villainous

poli8cians.

India's Selec8ve Rage Over Corrup8on : Manu Joseph

Corrup+on is such an integral part of Indian society that the chief economic adviser to the government, Kaushik Basu, has suggested legalizing the payment of bribes. He received enthusias+c corporate support, which is to be expected since the largest bribe-‐payers in India are corpora+ons.

Mr. Basu’s reasoning is that if the payment of bribes were legalized, the bribe-‐payer could be persuaded to reveal the recipient. This would inject fear into the hearts of poli+cians and officials who expected bribes. N.R. Narayana Murthy, founder of the Indian sofware company Infosys, said in a television interview that Mr. Basu’s sugges+on was “a great idea.”

India's Selec8ve Rage Over Corrup8on : Manu Joseph

An8-‐corrup8on movement 2011: Background

Oct 29, 2010

An+-‐corrup+on press conference organized by IAC held at the Press Club of India to highlight the fact that the government-‐appointed Shunglu CommiCee had inadequate powers to inves+gate the Commonwealth Games scam

Nov 14, 2010

Afer IAC registers a complaint regarding corrup+on in the Commonwealth Games scam, nearly 10,000 people assembled at the Parliament Street Police Sta+on

Dec 22, 2010

A 20,000-‐person an+-‐corrup+on protest in response to the 2G spectrum scam held at New Delhi's Ramlila ground

Jan 17, 2011

The Supreme Court of India cri+cizes the administra+on for not publicly disclosing Indian na+onals named on Rudolf Elmer's "black money" list disclosed by Wikileaks

Jan 18, 2011

The public release of an an+-‐corrup+on open leCer from Azim Premji, Keshub Mahindra, and other leading Indian industrialists demanding reform of "the widespread governance deficit in almost every sphere of na+onal ac+vity, covering government, business and ins+tu+ons"

Mar 12, 2011 The worldwide 50-‐city Dandi March II organized by People for Lok SaCa and IAC

Mar 30, 2011

Famous cricketer Kapil Dev's leCer to Prime Minister Manmohan Singh, complaining of the inadequacy of Commonwealth Games corrup+on inves+ga+ons and pe++oning for the Jan Lokpal Bill

Why LOKPAL?

Lokpal: • Caretaker of people • ombudsman (Legal Representa+ve) in India • Mechanism for complaints of corrup+on against people in power • Inspired by the Hong Kong Independent Commission Against Corrup+on (ICAC).

The Administra+ve Reforms Commission (ARC) while recommending

the cons+tu+on of Lokpal (in 1968) was convinced that such an ins8tu8on was jus8fied not only for removing the sense of injus8ce from the minds of deeply affected ci8zens but also necessary to ins8ll public confidence in the efficiency of the administra8ve machinery.

The LOKPAL Saga

•  1968 – Rs 3 lakh (300,000) •  1971 – Rs 20 lakh (2 million) •  1977 – Rs 25 lakh (2.5 million) •  1985 – Rs 25 lakh •  1989 – Rs 35 lakh (3.5 million) – PM under lokpal •  1996 – Rs 1 crore (10 million) – PM under lokpal •  2001 – Rs 35 crore (350 million) – PM under lokpal •  2011 – Rs 1700 crore (17 billion)

The Lokpal bill was first introduced by Shan+ Bhushan in 1968 and passed the 4th Lok Sabha in 1969. But before it could be passed by Rajya Sabha, Lok Sabha was dissolved and the bill lapsed. The Subsequent versions were re-‐introduced in 1971, 1977, 1985, 1989, 1996, 1998, 2001, 2005 and in 2008, but none of them passed.

LOKPAL V/S JAN LOKPAL

2011: FAST 1.0 @ Jantar-‐Mantar ( 5th Apr – 9th Apr)

Joint Drafing CommiCee Formed : 8th Apr 2011

Jan Lokpal Bill (Ci8zen's Ombudsman Bill) DraS Lokpal Bill (2010)

Lokpal will have powers to ini+ate suo motuac+on or receive complaints of corrup+on from the general public.

Lokpal will have no power to ini+ate suo motu ac+on or receive complaints of corrup+on from the general public. It can only probe complaints forwarded by the Speaker of the Lok Sabhaor the Chairman of the Rajya Sabha.

Lokpal will have the power to ini+ate prosecu+on of anyone found guilty.

Lokpal will only be an Advisory Body with a role limited to forwarding reports to a "Competent Authority".

Lokpal will have police powers as well as the ability to register FIRs.

Lokpal will have no police powers and no ability to register an FIR or proceed with criminal inves+ga+ons.

Lokpal and the an+ corrup+on wing of the CBI will be one independent body. The CBI and Lokpal will be unconnected.

Punishments will be a minimum of 10 years and a maximum of up to life imprisonment.

Punishment for corrup+on will be a minimum of 6 months and a maximum of up to 7 years



7th April 2011: Resigna+on of Agriculture Minister Sharad Pawar from the Group of Ministers on corrup+on.

9th April 2011 • The government agreed to have a 50:50 distribu+on of the Government appointed officials and the members of the civil society.

• Anna ends his fast afer 98 hours

• Anna Hazare set an 15 August deadline for the passing of the bill in the Parliament, failing which he would start a hunger strike from 16 August.


Member Qualifica+ons and status

Pranab Mukherjee Finance Minister, Co-‐Chairman

Shan+ Bhushan Former Minister of Law and Jus+ce, Co-‐Chairman

P. Chidambaram Minister of Home Affairs

Veerappa Moily Minister of Corporate Affairs

Kapil Sibal Minister for human resource & devlopement

Salman Khursid Minister of Law

Anna Hazare Social Ac+vist

Prashant Bhushan Lawyer

N. Santosh Hegde Former Lokayukta (Karnataka) and Supreme Court Jus+ce

Arvind Kejriwal RTI Ac+vist.

Joint Drafing CommiCee Formed : 8th Apr 2011

The commi?ee failed to agree on the terms of a compromise bill and the government introduced its own version of the bill in the parliament in August 2011.

The LOKPAL Debate

Should lower bureaucracy be included in LOKPAL ?

“We found that people living below the poverty line have to pay over 9 billion rupees ($195 million) annually as bribes in order to avail these basic and needs-‐based services. This means those services which they were supposed to get for free, they have to bribe in order to get them. We have heard that poor people have had to bribe hospital staff in places for blood for their sick rela+ves some+mes.” ~ transparency interna+onal

The LOKPAL Debate

Should PM come under LOKPAL ? Should CBI come under LOKPAL ?

The LOKPAL Debate

Should there be Lokayukta in every state ? Should there be reserva8on in LOKPAL?

The greater LOKPAL Debate : Undermining Democracy

"Real Swaraj will come not by acquisi8on of authori8es by a few but acquisi8on capacity by all to resist autho-‐rity when opposed.” Mahatma Gandhi

"Civil disobedience is the inherent right of a ci8zen.” Mahatma Gandhi

Fas8ng as a method of Protest

A hunger strike is a method of non-‐violent resistance or pressure in which par+cipants fast as an act of poli+cal protest, or to provoke feelings of guilt in others, usually with the objec+ve to achieve a specific goal, such as a policy change. A hunger strike cannot be effec8ve if the fact that it is being undertaken is not publicized so as to be known by the people who are to be impressed, concerned or embarrassed by it The hunger strike is ofen terminated by the custodial en+ty through the use of force-‐feeding.

Irom Sharmila: Iron Lady of Manipur

• In protest of the brutal Armed Forces Special Powers Act (AFSPA), Sharmila began a fast unto death in 2000, which con+nues today.

• She is repeatedly arrested, charged with an “aCempt to commit suicide,” kept alive through a nasogastric tube, and released once marginally beCer.

• For 11 years, Sharmila has been adamant to not accept food or water.

Fas8ng as a method of Protest

Person Demand Result

Mahatma Gandhi -‐ -‐

Ja+ndra Nath Das Equality for Indian prisoners and undertrials

Dies afer 63 days

Bhagat Singh & DuC Equality for Indian prisoners and undertrials

Bri+sh Succumbs to their demand, breaks fast afer 63 days

Swami Nigamanand Illegal mining on the bank of the Ganga

Dies afer 115 days

Pox Sreemalu Crea+on of Andhra State with Madras as capital

Dies afer 82 days

Anna Hazare -‐ -‐

•  A democracy is always temporary in nature; it simply cannot exist as a permanent form of government.

•  A democracy will con+nue to exist up un+l the +me that voters discover that they can vote themselves generous gifs from the public treasury. From that moment on, the majority always votes for the candidates who promise the most benefits from the public treasury, with the result that every democracy will finally collapse due to loose fiscal policy, which is always followed by a dictatorship.

•  The average age of the world's greatest civiliza+ons from the beginning of history has been about 200 years.

Alexander Tytler and Democracy

Elected Representa8ves V/S Civil Society

3 movements by civil society went through standing commiCee and led to below revolu+onary bills:

•  MNREGA (Mahatma Gandhi Na+onal Rural Employment Guarantee Act

•  RTI (Right to Informa+on)

•  RTE (Right to Educa+on)

People V/S Parliament

• Online survey conducted by STAR News and Nielsen, 87% of the 8900 respondents (across 28 states) of the survey supported the Jan Lokpal Bill. • Over a million people joined the Times of India online an+-‐graf campaign, in one of the biggest ever vo+ng exercises in the virtual world. • Support from Poli+cal Par+es:

•  Most of the opposi+on poli+cal par+es supported the movement in direct/indirect including Congress MPs from Maharashtra Priya DuC and DaCa Meghe

• Support of Aam Aadmi, Lawyers, Filmstars, Sportsmen etc, Social & Spiritual Organiza+ons

If there is clash of interest between People and the Parliament, I am not sure whose win should be declared as win of democracy.

2011: Baba Ramdev’s fast @ Ramlila Maidan)

• Four senior Union Ministers Pranab Mukherjee, Kapil Sibal, Pawan Kumar Bansal and Subodh Kant Sahay met Ramdev to discuss his issues and demands at Delhi Airport on June 1, 2011.

Talk fails Baba goes ahead with hunger strike on 2nd June 2011

Key Demands: • Declare all illegal wealth/black money lying in foreign countries, which belong to Indians as Na+onal Property. • Declaring money laundering as a Na+onal Crime and should be punishable. • Enact a strong Lokpal bill

2011: Baba Ramdev’s fast @ Ramlila Maidan

Police Crackdown: • On the midnight of 5 June, police raided the site where Ramdev was fas+ng and forcefully detained him and removed his supporters from the site afer firing tear gas shells and resor+ng to lathicharge • Seventy-‐one people were injured and moved to hospital, four of whom were reported to be in cri+cal condi+on

The Supreme Court on August 29, 2011, blamed the Delhi Police for the forcible evic+on of Ramdev Baba and public who had gathered at Ramlila ground on June 5, 2011.

2011: FAST 2.0 ( August Kran8 )

• 16 August 2011: Hazare, along with close associates, was remanded to judicial custody for "intending to defy prohibitory orders". •  Massive protests all over the world. Supporters courted arrest • Anna Hazare agreed to leave jail afer Delhi Police granted him permission to fast for 15 days against corrup+on at Ramlila Maidan.

2011: FAST 2.0 ( August Kran8 )

2011: FAST 2.0 ( August Kran8 ) Issue The Jan Lokpal Bill Government's Lokpal Bill

Prime Minister

PM can be inves+gated with permission of seven member Lokpal bench.

PM can be inves+gated by Lokpal afer she/he vacates office.

Judiciary

Can be inves+gated, though high level members may be inves+gated only with permission of a seven member Lokpal bench.

Judiciary is exempt and will be covered by a separate "judicial accountability bill".

Conduct of MPs

Can be inves+gated with permission of seven member Lokpal bench

Can be inves+gated, but their conduct within Parliament, such as vo+ng, cannot be inves+gated

Lower bureaucracy All public servants would be included. Only senior officers (Group A) will be

covered.

An+-‐corrup+on wing of the

(CBI)

The An+-‐corrup+on wing of the CBI will be merged into the Lokpal.

The An+-‐corrup+on wing of the CBI cannot be merged into the Lokpal.

Lokayukta Lokayukta and other local/state an+-‐corrup+on agency would remain in place.

All state an+-‐corrup+on agencies would be closed and responsibili+es taken over by centralized Lokpal

2011: FAST 2.0

27 August 2011: • A special and all exclusive session of Parliament was conducted and a resolu+on was unanimously passed afer delibera+ons in both the houses of Indian Parliament by sense of the house. • The resolu+on, in principle, agreed on the following subjects and forwarded the Bill to related standing commiCee for structure and finalise a report: 1. A ci+zen charter on the bill 2. An appropriate mechanism to

subject lower bureaucracy to lokpal 3. The establishment of Lokayuktas

(ombudsmen at state level) in states Anna Hazare ended his 12-‐day fast aSer 288 hours on Sunday morning at around 10 am

2011: FAST 3.0

2011: FAST 3.0

11 December 2011: • Anna Hazare sat on a day-‐long fast at Jantar Mantar protes+ng against proposals of Parliamentary Standing CommiCee on the an+-‐graf measure. • The protest for the first +me saw poli+cians sharing stage with Hazare, with leaders of of BJP, CPI(M), CPI, JD(U),Akali Dal, TDP and BJD par+cipated in the public debate on Lokpal bill • Congress refrains from aCending the public debate

Standing Commi?ee Report: • CBI not included in Lokpal, no inves+ga+on agency for Lokpal • Lower Bureaucracy not included • PM not included • Reserva+on in Lokpal

2011: FAST 3.0

2011: FAST 3.0

22 December 2011: • Food Security Bill was introduced in Lok Sabha instead of much-‐awaited Lokpal bill. 27 December 2011 • Government withdrew previous Lokpal Bill which was introduced in August 2011 and presented new bill "The Lokpal and Lokayuktas Bill, 2011" • Cons+tu+onal (116th Amendment) Bill in Lok Sabha • Reserva+on for minori+es and 50% reserva+on for SC/ST, OBC and women candidates

2011: FAST 3.0

27 December 2011: Anna Hazare began his 3-‐day fast demanding a stronger version of the ombudsman Lokpal bill at Mumbai 28 December 2011: • Anna ends fast • Lok Sabha passes Lokpal and Lokayukta Bill • Cons+tu+onal amendment bill fails 29 December 2011: • Bill introduced in Rajya Sabha. • Rajya Sabha adjourned sine die afer drama, no vo+ng done

Opposi8on, media terms the ruckus in Rajya Sabha as an eyewash to prevent Lokpal Bill

2011: The way it happened

2011: The way it ended

“Power corrupts but the prospect of losing power corrupts absolutely.” -‐ Jethmalani

LOKPAL & Lokayukta Bill 2011: It’ll be a toothless wonder

“The Lokpal Act, when it becomes a reality, will at best be cosme+c in its impact. I do not think it would make even a marginal difference to the current sordid scene. Without any authority— it could rightly become a toothless wonder — it would be another appendage to the system and a drain on the exchequer, analogous to the Central Vigilance Commission.” -‐ J. Venkatesan Former CBI Director

Before the debate begins….

•  It’s NOT about Anna Hazare and his team •  One may agree or disagree with their methods/demands

•  It’s NOT about civil society and NGOs figh+ng for corrup+on •  There could be vested interest

•  It’s NOT for those who have ‘sab chalta hai’ axtude and who’ve accepted corrup+on as almost part of life •  It’s NOT for those who have lost all the hope with this country (Is Desh ka kuch nahi ho sakta?) and the only way they see to get out of all these is to seCle somewhere else •  It’s for those who have been vic+m of the system, frustrated with the system yet hopeful to contribute and make a beCer India because at +mes despite of all the problems they took pride in calling themselves Indian……the baCle is yet to be won for them

“Jinhe Naaz Hai Hind Par Wo Kahan hain”

Acknowledgements :

Most of contents presented are taken from internet. I don’t own any of the materials. Credits are due to respec8ve owners.

• Web: Wikipedia, Google, Youtube, Wordpress • Newspapers: The Hindu, Times of India, Indian Express, DNA, Faking News etc. • Cartoonist: Sandeep Adhwaryu, Sa+sh Acharya, Pawan Kumar etc. • Websites of NGOs like India Against Corrup+on, The LoksaCa etc. • Govt. of India websites

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Lokpal Talk @ JNCASR, Bangalore

Presentations & Public Speaking