Ppt Jan Lokpal

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JAN LOKPAL BILL



The first Jan Lokpal Bill was introduced by Shanti Bhushan in 1968and passed in the 4th Lok Sabha in 1969 but could not get throughin the Rajya Sabha. Subsequently, Lokpal bills were introduced in1971, 1977, 1985, 1989, 1996, 1998, 2001, 2005 and in 2008, yetthey were never passed.[1]42 years after its first introduction, theLokpal bill is still pending in India.

The Administrative Reforms Commission (ARC) whilerecommending the constitution of Lokpal was convinced thatsuch an institution was justified not only for removing the senseof injustice from the minds of adversely affected citizens but alsonecessary to instill public confidence in the efficiency of theadministrative machinery. Following this, the Lokpal Bill was forthe first time presented during the fourth Lok Sabha in 1968,and was passed there in 1969. However, while it was pending inthe Rajya Sabha, the Lok Sabha was dissolved, and so the billwas not passed at that time.

http://en.wikipedia.org/wiki/Jan_Lokpal_Bill

http://en.wikipedia.org/wiki/Lok_Sabha

http://en.wikipedia.org/wiki/Rajya_Sabha

http://en.wikipedia.org/wiki/Lokpal

http://en.wikipedia.org/wiki/Administrative_Reforms_Commission

http://en.wikipedia.org/wiki/Administrative_Reforms_Commission

http://en.wikipedia.org/wiki/Lokpal

http://en.wikipedia.org/wiki/Rajya_Sabha

http://en.wikipedia.org/wiki/Lok_Sabha

http://en.wikipedia.org/wiki/Jan_Lokpal_Bill



What is the Jan Lokpal Bill, why it's important

The Jan Lokpal Bill (Citizen's ombudsman Bill) is a draft anti-

corruption bill drawn up by prominent civil society activists seekingthe appointment of a Jan Lokpal, an independent body that wouldinvestigate corruption cases, complete the investigation within ayear and envisages trial in the case getting over in the next oneyear.

Drafted by Justice Santosh Hegde (former Supreme Court Judge andpresent Lokayukta of Karnataka), Prashant Bhushan (Supreme CourtLawyer) and Arvind Kejriwal (RTI activist), the draft Bill envisages asystem where a corrupt person found guilty would go to jail within twoyears of the complaint being made and his ill-gotten wealth beingconfiscated



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

2. Like Supreme Court and Election Commission, they will becompletely independent of the governments. No minister orbureaucrat will be able to influence their investigations.

3. Cases against corrupt people will not linger on for years anymore

A look at the salient features of Jan Lokpal Bill:

4. The loss that a corrupt person caused to the government will berecovered at the time of conviction.

5. It will be the duty of the Lokpal to provide protection to those

who are being victimized for raising their voice againstcorruption.



Let’s understand JAN LOKPAL BILL

• Institution of

– Jan Lokpal at central govt level

– Jan Lokayukta in each state

• Correspondingly Jan Lokpal to accept corruption complaints against Central govt dept and

Jan Lokayukta against state govt dept

• Each will have 10 members and 1 chairperson

• Will be completely Independent

• Politicians and bureaucrats will not able to interfere in their functioning

• Will get whatever financial resources they require and will be empowered to select andemploy any number of employees from within the government or outside.



Corruption at High Levels

Present System - Despite Evidence, No Punishment

Proposed System - Jan Lokpal and Jan Lokayukta will ensure

punishment for corruption… by:

Time bound investigations – Investigation to be completed within 1 year

– May employ more staff to complete within time



Corruption at High LevelsAfter investigation if proven guilty following 2 actions shall be taken:

Power to dismiss corrupt officers – If complaint is proved, can remove a govt officer or impose

departmental penalties

Time bound trial

– Will file a case in trial court

– Trial in the court to complete & announce punishmentwithin next 1 year

– May direct the govt to set up additional courts to

complete the trial in time



Corruption at Low Levels

Common man is compelled to pay bribeJan Lokpal and Jan Lokayukta will provide relief to the common as:

Each govt dept will have to make Citizen’s Charter

– Charter specifies who does what job and in how much time

– Eg. charter will tell X officer will make ration card in Y days



Corruption at Low Levels

The Vigilance Officer will have to

– Solve the grievance in 30 days

– Impose penalty on the guilty officers which will be

given to the Complainant as compensation

– Start investigations of corruption against guilty

officers



How to ensure that there is

no corruption within

Jan Lokpal or Jan Lokayukta?



1. By ensuring that the right person is selected!

Selection process for the members and Chairperson of JanLokpal and Jan Lokayukta has been kept transparent

and participatory

Selected by a Selection Committee comprising: – Prime Minister

– Leader of the opposition in Lok Sabha

– 2 youngest judges of Supreme Court (SC)

– 2 youngest Chief Justices of High Courts

– Comptroller and Auditor General (CAG)

– Chief Election Commissioner (CEC)



2. By ensuring that they work well!

Jan Lokpal and Jan Lokayukta are directlyaccountable to people & transparent

Every complaint will have to be heard – No complaint can be rejected without giving a hearing

to the complainant.

–

If any case is closed like this, all records relating to itwill be made public



2. By ensuring that they work well!• Will have to publish every month on its website:

– Cases received and cases disposed

– Cases closed, reasons for closure

– List of cases pending

• All records of all works will be open to the public, exceptsome which:

– Affect national security

– Endanger the whistle blower – Impede the process of ongoing investigation. But after

investigation is complete, these will have to bedisclosed



Comparison

CURRENT SYSTEM PROPOSED JAN LOKPAL-JAN

LOKAYUKTA SYSTEM

J U D G E S –

S C & H

C

No FIR can be registered

against any Supreme

Court or High Court judge

without the permission of

Chief Justice of India.

It has been seen in the

past that the Chief Justice

of India tries to protect

his own fraternity of

judges and rarely gives

such a permission.

Under Jan Lokpal Bill, the full bench

of Lokpal will give permission to file

a case against any judge.

No permission will be required from

Chief Justice of India. Therefore,

corruption in higher judiciary will

also be checked through Jan Lokpal

Bill.



Comparison

CURRENT SYSTEM PROPOSED JAN LOKPAL-JAN

LOKAYUKTA SYSTEM

P U N I S H M E N T

The quantum of

punishment for peopleconvicted of corruption

ranges from:

6 months to 7 years of

imprisonment

which is inadequate!

The punishment will range from:

1 year rigorous imprisonment tolife sentence.

Higher punishment for those in

higher rank.



Comparison

CURRENT SYSTEM PROPOSED JAN LOKPAL-JANLOKAYUKTA SYSTEM

W

h i s t l e

b l o w e

r s

Currently, people whoreport corrupt practices

or raise their voice

against corruption are

being threatened,

victimized and even

murdered. There is no

protection for them.

Jan Lokpal and Jan Lokayukta will be

responsible for providing the

whistleblowers, whether inside or

outside the government, protection

from:

- Professional threat or

victimisation

- Physical threat or victimisation



People supporting the cause

Anna Hazare, a Gandhian rights activist, had started a fast unto death

at Jantar Mantar in New Delhi demanding the passing of the bill. Hazarecalled off his hunger strike on the 9th of April, 2011 bringing to an end his 98-

hour protest after the government issued a gazette notification constituting a

10-member Joint Committee of government ministers and civil society

activists, including him, to draft a bill for the creation of an effective Lokpal.

Thousands of people from all over India, especially the youth, supportedAnna Hazare's cause by candle light marches and online campaigns through

social media.

Recently Yoga guru, Swami Ramdev, was on a fast for this cause for 9

consecutive days from 4 June - 12 June 2011. He wanted the Government of

India to accept various demands which mainly included those related to the

Lokpall bill.

http://en.wikipedia.org/wiki/Anna_Hazare

http://en.wikipedia.org/wiki/Gandhian

http://en.wikipedia.org/wiki/Jantar_Mantar_(Delhi)

http://en.wikipedia.org/wiki/New_Delhi

http://en.wikipedia.org/wiki/Gazette

http://en.wikipedia.org/wiki/Online_campaign

http://en.wikipedia.org/wiki/Yoga

http://en.wikipedia.org/wiki/Swami_Ramdev

http://en.wikipedia.org/wiki/Government_of_India






http://en.wikipedia.org/wiki/Yoga

http://en.wikipedia.org/wiki/Online_campaign

http://en.wikipedia.org/wiki/Gazette

http://en.wikipedia.org/wiki/New_Delhi




http://en.wikipedia.org/wiki/Gandhian





But now some people are saying……(criticism)

…….Prime Minister should not be covered under Jan Lokpal!

Judiciary should not be covered under Jan Lokpal…….

People’s Grievances will overburden them….

Lokpal should only investigate a few high profile cases of corruption!

……..Lokpal should not be given the responsibility of protecting the

whistleblowers!

CBI, CVC and departmental vigilance should not be merged into Lokpal… Let

Lokpal be a small body and let the existing anti-corruption bodies keep

functioning in ineffective manner as they are……

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