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Section wise Analysis of Govt Lokpal and Jan Lokpal Bill

Date post: 04-Mar-2015
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Section wise Analysis of Govt Lokpal and Jan Lokpal Bill by Krishnaraj Rao (RTI activist, Maharashtra)
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1 Lokpal Bills – A Comparative Picture Row nos. Lokpal Bill Govt version – “Bill no 39 of 2011” (Sections in the same order as in the proposed Bill i.e. in serial order) Jan Lokpal Bill IAC’s Version 2.3 (Sections in this column more-or-less correspond to govt version. They are NOT IN SERIAL ORDER. Some sections, which are comparable to more than one section of the Govt Lokpal Bill, are REPEATED.) Comparison, Main Points & Observations (This draft provides only for the Lokpal for central public servants. Similar provisions for Lokayuktas in the States to deal with public servants of the State will have to be incorporated in the bill) The footnote to Jan Lokpal Bill on IAC website says that Jan Lokpal is only for central public servants. So we must ignore the inclusion of “state legislature” in Section 2(k) -- the pivotal definition of “public authority”. 1 LONG TITLE A Bill to provide for the establishment of the institution of Lokpal to inquire into allegations of corruption against certain public functionaries and for matters connected therewith or incidental thereto. A Bill to establish an independent authority to investigate offences under the Prevention of Corruption Act, 1988 to detect corruption by expeditious investigation and to prosecute offenders and to ensure timely redressal of certain types of public grievances and to provide protection to whistleblowers. 1. Govt. Lokpal is intended to be an institution to: Enquire into allegations of corruption against SOME public functionaries if prima facie case is made out, to present a case before a special court to recommend disciplinary action by the Competent Authority 2. Jan Lokpal is NOT intended to recommend disciplinary action by the Govt department. It is intended to: motivate and protect whistleblowers hear public grievances against ALL public authorities at the Centre and in States investigate complaints of corruption wield powers of detection, search & seizure hold trials (not just hearings) award punishments (not just recommend

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