Anna Hazare vs. Dr. Manmohan Singh
Jan-Lok Pal vs Lokpal Bills
Dr. A. K. VermaChair
Department of Political Science
Christ Church College
Kanpur
Some Major Differences Between Jan lokpal Bill of Anna and Government Lokpal Bill
On Prime Minister
Anna Bill
• Lok Pal - Investigate allegations of corruption against PM.
• Full bench of Lok Pal to give permission in case of Ministers and PM
• Special safeguards provided against frivolous and mischievous complaints
Government Bill
• PM outside the purview of Lok Pal
• Enquiry by Lokpal only after PM demits office
On Judiciary
Anna Bill
• Lok Pal - power to investigate allegations of corruption against Judiciary.
• Full Bench of Lok Pal to permit filing a case against a Judge
• Special safeguards provided against frivolous and mischievous complaints
Government Bill
• Judiciary outside the purview of Lok Pal
• Government want a Judicial Accountability Bill (JAB) where two sitting and a retired Judge of the same court will give permission to enquire against allegations of corruption.
On Members of Parliament
Anna Bill
• Lok Pal - investigate allegations that MPs have taken bribe to speak or vote in Parliament
• Full bench of Lok Pal to give permission in case of MPs.
Government Bill
• Speaking/Voting by MPs in parliament and its committees outside the purview of Lok Pal
• Government defends it as a constitutional privilege to MPs
On Bureaucracy
Anna Bill
• Lok Pal - investigate allegations about corruption of both higher and lower bureaucracy
• All those defined as Public servant under prevention of Corruption Act 1988 be covered
Government Bill
• Only Group A officers of Joint Secretary rank and above to be covered
• Not to cover lower babus.
On NGOs
Anna Bill
• JLP does not cover NGOs
Government Bill
• The government bill includes officers of NGOs
• NGOs who receive government funds
• NGOs receiving any funds from the public
Selection of Lok PalAnna Bill
• Selection Committee comprising: – Prime Minister – Leader of opposition in LS – 2 youngest judges of S. Court – 2 youngest Chief Justices of HC– Comptroller and Auditor General – Chief Election Commissioner – All previous Lokpals
• Search Committee : 10 Members – 5 members from retired Chief
Justices of India, Chief Election Commissioners and retired CAGs
– They select another 5 members from civil society
• Lokpal and Members selected from candidates shortlisted by search committee
Government Bill• Selection committee comprising:
– Prime minister– Speaker of LS– Leader of Opposition in LS– Leader of Opposition in RS– PM nominated cabinet minister – Judge of SC nominated by CJI– HC Judge nominated by CJI– Govt. nominated eminent jurist – Govt. nominated person of
eminence in public life
*Selection committee may , at its discretion constitute search Committee
Composition: LokpalAnna Bill
• Lokpal : Chairman + 10 Members
Four persons from Judicial background -
• 10 years a judge of the Supreme Court or High Court
• 15 years being an advocate of Supreme Court or High Court
persons with impeccable integrity and record of public service particularly in the field of fighting corruption shall be eligible for being considered for nomination
Government Bill• Lokpal:Chairman + 08 Members
• Judicial members (04)- SC Judge/HC C. Justice
• Non-judicial members (4)
person of impeccable integrity, outstanding ability and standing having special knowledge and expertise of not less than twenty-five years in the matters relating to anti-corruption policy, public administration, vigilance, finance including insurance and banking, law, and management
Accountability of Lok PalAnna Bill
• Mainly accountable to people • All orders of Lok pal are subject to
writ jurisdiction of HCs under Art. 226.
• If HC does not decide within two months, the stay on Lok Pal order is vacated.
• No further stay.• CAG conduct annual audit/
parliamentary committee annual appraisal.
Government Bill• Lokpal mainly accountable to
Government
Removing Lok PalAnna Bill
• Any citizen can make a complaint to Supreme Court
• SC to enquire about misbehaviour, infirmity of mind or body, insolvency or paid employment
• SC may recommend his removal to the President
• SC recommendations within 3 months
• President shall remove members of Lok Pal/Chairman on the basis of SC recommendations
Government Bill• A complaint to the President by-
– Any citizen – By 100 MPs
• President shall make a reference to the CJI sui moto or on complaint
• President shall remove Chairman/Members of Lok on recommendation of CJI
• That would in effect mean that no proceedings can be initiated without the permission of the Government (President)
Lok Pal StaffAnna Bill
• In each state, an Independent complaint authority (five members)
• Members selected by-– CJ of HC of the state– Chairman of state Lokayukta– Chairman of State Human Rights
Commission
• Complaint against officer/staff of lok pal – public hearing by the complaint authority and decided within two months.
• HCs will have writ jurisdiction (Art 226)
Government Bill
– Only Lok pal shall investigate the complaint against any officer, employee or agency under or associated with it
– Complete enquiry within 30 days
Method of EnquiryAnna Bill
• As per Cr PC.• After preliminary enquiry,
an FIR will be registered. • After investigations, case
will be presented before a court, where the trial will take place
• Initiate investigations suo moto, or on the citizen’s complaint
• Not need permission from anyone
Government Bill
• Cr PC being amended to give special protection to the accused
• After preliminary enquiry, all evidence provided to accused; heard why an FIR should not be registered against him.
• After investigations, again all evidence provided to accused; heard why a case should not be filed against him in the court.
• Unheard provisions in criminal jurisprudence
CBIAnna Bill
• Anti corruption branch of CBI should be merged into Lokpal
• CVC to be merged with Lokpal
Government Bill
• Government to retain hold over CBI
• Recently, government has taken CBI out of RTI, thus further increasing the scope of corruption in CBI
Citizen’s CharterAnna Bill
• Every government office to put a citizens charter
• Tells which official will do what
• Tells the time limit in which a work will be done by that official
• Financial penalty of Rs. 500/- per day delay from the salary of Head of Dept. (max. Rs. 50,000)
Government Bill
• Citizens charter without penalties proposed earlier
• Government went back on even that
Jan-Lokayuktas in StatesAnna Bill
• Wants its inclusion in the bill so that similar institution could be erected in states
• The State Information Commissions were set up through single RTI Act.
Government Bill
• No provision in the bill• Already there are
Lokayuktas in states• U.P. passed Lokayukta law
as early as in 1975• Lokayuktas are in existence
in 18 states
WhistleblowersAnna Bill
• Lokpal provide protection to–Whistleblowers–Witnesses– Victims of corruption
Government Bill
• No mention in Bill• Creates insecurity for – whistleblowers –Witnesses– Victims of corruption
by revealing their identities and making available all evidences to the accused at various levels of investigation
Punishment for CorruptionAnna Bill
• Six months rigorous imprisonment to Life imprisonment
• Special court may consider more severe punishment for accused holding higher ranks
• Higher fines if accused are business entities
• Blacklisting of business entity on conviction
Government Bill
• Minimum six months • Maximum punishment
10 years
Punishment for False ChargesAnna Bill
• Citizen could be fined up to 1 lakh
• If frivolous charges against Lokpal staff/officers, then simple imprisonment up to 3 months in addition to fine.
Government Bill
• Citizen gets minimum 2 years jail maximum 5 years
• Fine minimum Rs. 25000 and maximum Rs. 2 lakhs
Thank You
Dr. A.K. VermaChair
Department of Political ScienceChrist Church College
Kanpur
