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Jump to: navigation, search The Jan Lokpal Bill, also referred to as the citizens' ombudsman bill, is a proposed independent anti-corruption law in India. Anti-corruption social activists proposed it as a more effective improvement to the original Lokpal bill, which is currently being proposed by the Government of India.[1] The Jan Lokpal Bill aims to effectively deter corruption, redress grievances of citizens, and protect whistle-blowers. If made into law, the bill would create an independent ombudsman body called the Lokpal (Sanskrit: protector of the people). It would be empowered to register and investigate complaints of corruption against politicians and bureaucrats without prior government approval.[2][3][4] In 2011, civil activist Anna Hazare started a Satyagraha movement by commencing an indefinite fast in New Delhi to demand the passing of the bill. The movement attracted attention in the media, and hundreds of thousands of supporters, in part due to the organizational skills of Arvind Kejriwal.[5] Following Hazare's four day hunger strike, Indian Prime Minister Manmohan Singh stated that the bill would be re-introduced in the 2011 monsoon session of the Parliament.[6] Accordingly, a committee of five Cabinet Ministers and five social activists attempted to draft a compromise bill merging the two versions but failed. The Indian government went on to propose its own version in the parliament, which the activists rejected on the grounds of not being sufficiently effective, and called it a "toothless bill".[7]
Contents
1 Background 2 Key features of proposed bill 3 Difference between government and activist drafts o 3.1 Highlights o 3.2 Details 4 Timeline of Lokpal and cost 5 Campaign for the Jan Lokpal Bill o 5.1 Fast & Agitation Phase 1 o 5.2 Drafting Committee o 5.3 Fast & Agitation Phase 2 o 5.4 Notable supporters and opposition 6 Criticisms of the bill o 6.1 Nave approach o 6.2 Extra-constitutional o 6.3 Scope o 6.4 Criticism from Aruna Roy, Arundhati Roy and NCPRI 7 Support for the Bill
7.1 Surveys 7.2 Legislator support 7.3 Social media 7.4 Online surveys 8 Parliamentary actions on the proposed legislation 9 See also 10 References 11 External links
o o o o
Background
The word Lokpal was coined in 1963 by L.M.Singhvi, a Member of Parliament during a debate in Parliament about grievance redressal mechanisms. His son Dr. Abhishek Singhvi is now the head of the Parliamentary Standing Committee reviewing the bill.[8] The prefix Jan (translation: citizens) was added to signify the fact that these improvements include input provided by "ordinary citizens" through an activist-driven, non-governmental public consultation.[9][10] The Lokpal bill was first introduced by Shanti Bhushan in 1968[11] 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.[12] The Subsequent versions were re-introduced in 1971, 1977, 1985, 1989, 1996, 1998, 2001, 2005 and in 2008,[13] but none of them passed. The bill was inspired by the Hong Kong Independent Commission Against Corruption (ICAC).[14][15]
7. Losses caused to the government by a corrupt individual will be recovered at the time of conviction. 8. Government officework required by a citizen that is not completed within a prescribed time period will result in Lokpal imposing financial penalties on those responsible, which will then be given as compensation to the complainant. 9. Complaints against any officer of Lokpal will be investigated and completed within a month and, if found to be substantive, will result in the officer being dismissed within two months. 10. The existing anti-corruption agencies (CVC, departmental vigilance and the anticorruption branch of the CBI) will be merged into Lokpal which will have complete power and authority to independently investigate and prosecute any officer, judge or politician. 11. Whistleblowers who alert the agency to potential corruption cases will also be provided with protection by it.
Details
The following table details differences between the Government and activist backed versions.[17][18][19] Comparison SlideShow uploaded by India Against Corruption.[20]
Judiciary
The Jan Lokpal Bill[10] PM can be investigated with permission of seven member Lokpal bench.[17] Can be investigated, though high level members may be investigated only with permission of a seven member Lokpal bench.[17]
Government's Lokpal Bill[1] PM can be investigated by Lokpal after she/he vacates office.[21] Judiciary is exempt and will be covered by a separate "judicial accountability bill".[18]
Can be investigated, but their Can be investigated with permission of conduct within Parliament, such Conduct of MPs seven member Lokpal bench.[17] as voting, cannot be investigated.[18] All public servants would be Only senior officers (Group A) Lower bureaucracy [18] included. will be covered.[18] Anti-corruption The Anti-corruption wing of the wing of the Central The Anti-corruption wing of the CBI CBI not be merged into the [18] will be merged into the Lokpal. Bureau of Lokpal.[17] Investigation (CBI) Any person can bring a complaint to Any "aggrieved party" can raise a Removal of Lokpal the Supreme Court, who can then complaint to the President, who members and Chair recommend removal of any member to will refer the matter to the CJI.[17] [17] the President. Complaints against Lokpal staff will be handled by independent boards set-up Lokpal will conduct inquiries into Removal of Lokpal in each state, composed of retired its own behaviour.[17] staff and officers bureaucrats, judges, and civil society members.[17] All state anti-corruption agencies Lokayukta and other local/state antiwould be closed and corruption agency would remain in Lokayukta responsibilities taken over by place.[18] centralised Lokpal.[18] No protection granted to Whistleblowers are protected by Whistleblower whistleblowers by Lokpal Lokpal.[17] protection Mahima.[17] Lokpal can either directly impose Lokpal can only refer matters to penalties, or refer the matter to the the courts, not take any direct Punishment for courts. Penalties can include removal punitive actions. Penalties remain from office, imprisonment, and corruption equivalent to those in current recovery of assets from those who law.[17] [17] benefited from the corruption. Lokpal can obtain wiretaps ( to make a Lokpal can issue contempt orders, connection to a telegraph or telephone and has the ability to punish those Investigatory wire in order to obtain information in contempt. No authority to powers secretly), issue rogatory letters, and obtain wiretaps, issue rogatory
letters, or recruit investigating officers.[17] Court system will handle matters Lokpal can issue fines for frivolous of frivolous complaints. Courts False, frivolous and complaints (including frivolous can give 25 years imprisonment vexatious complaints against Lokpal itself), with and fines of Rs 25,000 to complaints a maximum penalty of Rs 100,000.[17] 200,000.[20] NGOs not within the scope due to their NGOs are within the scope and NGOs role in exposing corruption.[19] can be investigated.[19]
1968 Rs 3 lakh[22] (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 1.5 crore (15 million) PM under lokpal 2011 Rs 1700 crore[22] (17 billion)
Lokpal activist Anna Hazare Main article: 2011 Indian anti-corruption movement The first version of the Lokpal Bill drafted by the Government of India in 2010 was considered ineffective by anti-corruption activists from the civil society.[23] These activists, under the banner of India Against Corruption, came together to draft a citizen's version of the Lokpal Bill later
called the Jan Lokpal.[23] Public awareness drives[24] and protest marches[23] were carried out to campaign for the bill. However, public support for the Jan Lokpal Bill draft started gathering steam after Anna Hazare, a noted Gandhian announced that he would hold an indefinite fast from 5 April 2011 for the passing of the Lokpal/Jan Lokpal bill.[6][25][26] The government has however accepted it. To dissuade Hazare from going on an indefinite hunger strike, the Prime Minister's Office directed the ministries of personnel and law to examine how the views of society activists can be included in the Lokpal Bill.[27] On 5 April, the National Advisory Council rejected the Lokpal bill drafted by the government. Union Human Resource Development Minister Kapil Sibal then met social activists Swami Agnivesh and Arvind Kejriwal on 7 April to find ways to bridge differences over the bill.[28] However, no consensus could be reached on 7 April owing to several differences of opinion between the social activists and the Government.
Drafting Committee
The drafting committee was officially formed on 8 April 2011. It consisted of the following ten members, including five from the government and five drawn from the civil society.[33][34] Member Qualifications and status Pranab Mukherjee Finance Minister, Co-Chairman Shanti Bhushan Former Minister of Law and Justice, Co-Chairman P. Chidambaram Minister of Home Affairs Veerappa Moily Minister of Corporate Affairs Minister for Communications and Information Technology Kapil Sibal Salman Khursid Minister of Law Anna Hazare Social Activist Prashant Bhushan Lawyer N. Santosh Hegde Former Lokayukta (Karnataka) and Arvind Kejriwal RTI Activist.
The Government's handling of the formation of the draft committee, involving the civil society in preparation of the draft Lokpal bill, was criticised by various political parties including BJP, BJD, TDP,AIADMK, CPI-M, RJD, JD(U) and Samajwadi Party.[35][36] The committee 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.[37]
Union HRD Minister Kapil Sibal, a notable critic of the citizens' version of the Bill In addition to the activists responsible for creating and organising support for the bill, a wide variety of other notable individuals have also stated that they support this bill. Spiritual leaders Sri Sri Ravi Shankar[44] and Yog Guru Ramdev[45] expressed support. Notable politicians who indicated support for the bill include Ajit Singh[46] and Manpreet Singh Badal[47] as well as the principal opposition party, Bharatiya Janta Party.[48][49] In addition, numerous Bollywood actors, directors, and musicians publicly approved of the bill.[50][51][52][53][54][55][56][57] Notable opposition to the activists' version of the Bill was expressed by HRD minister Kapil Sibal and other Congress leaders; Chief Minister of West Bengal Mamta Banerjee; Punjab Chief Minister and Akali Dal leader Prakash Singh Badal; Shiv Sena leader Bal Thackeray, and former Chief Justice of the Supreme Court Jagdish Sharan Verma.[58] Although BJP showed their support earlier, there were reports that BJP shared Congress's concern "over letting the civil society gain the upper hand over Parliament in lawmaking".[59] The All-India Confederation of SC/ST Organisations, representing the Dalits and backward castes, also expressed opposition to the bill proposed by Anna Hazare as well as to the government's version of the bill. The confederation opposed Hazare's proposed bill saying that it will be above the constitution and that proposers of the bill have support from elements who oppose reservation.[60]
Nave approach
The bill has been criticised as being nave in its approach to combating corruption. According to Pratap Bhanu Mehta, President of the Center for Policy Research Delhi writes[61] that the bill "is premised on an institutional imagination that is at best nave; at worst subversive of representative democracy". The very concept of a Lokpal concept has received criticism from HRD minister Kapil Sibal in that it will lack accountability, be oppressive and undemocratic.[62]
Extra-constitutional
The pro-bill activist Arvind Kejriwal rejects the claim of Lokpal being extra-constitutional with the explanation that the body will only investigate corruption offences and submit a charge sheet which would then tried and prosecuted through trial courts and higher courts, and that other bodies with equivalent powers in other matters exist. The proposed bill also lists clear provisions for the Supreme Court to abolish the Lokpal.[63] Despite these clarifications, critics feel that the exact judicial powers of LokPal are rather unclear in comparison with its investigative powers. The bill[64] requires "...members of Lokpal and the officers in investigation wing of Lokpal shall be deemed to be police officers". Although some supporters have denied any judicial powers of Lokpal,[65] the government and some critics have recognised Lokpal to have quasi-judicial powers.[66] The bill also states that "Lokpal shall have, and exercise the same jurisdiction powers and authority in respect of contempt of itself as a High court has and may exercise, and, for this purpose, the provisions of the Contempt of Courts Act, 1971 (Central Act 70 of 1971) shall have the effect subject to the modification that the references therein to the High Court shall be
construed as including a reference to the Lokpal."[67][68][69] Review of proceedings and decisions by Lokpal is prevented in the bill by the statement "...no proceedings or decision of the Lokpal shall be liable to be challenged, reviewed, quashed or called in question in any court of ordinary Civil Jurisdiction.". As a result, how the trials will be conducted is unclear in the bill, although the bill outlines requiring judges for special courts, presumably to conduct trial that should be completed within one year. The critics hence express concern that, without judicial review, Lokpal could potentially become an extra-constitutional body with investigative and judicial powers whose decisions cannot be reviewed in regular courts.[70]
Scope
The matter of whether the Indian Prime Minister and higher judiciary should or should not be prosecutable by the Lokpal remains as one of the major issues of dispute. Anna's own nominee for co-chairing the joint panel Justice Verma, the former Chief Justice of the Supreme Court, has expressed his constitutional objections for including the Prime Minister and higher judiciary under Lokpal.[71] According to him, "this would foul with the basic structure of the constitution".[72]
Critic Aruna Roy Magsaysay Award winner Aruna Roy who has said "Vesting jurisdiction over the length and breadth of the government machinery in one institution will concentrate too much power in the institution, while the volume of work will make it difficult to carry out its tasks". She and her colleagues at the National Campaign for People's Right to Information (NCPRI) have proposed an alternative mechanism consisting of five institutions.[73] Noted author and social activist Arundhati Roy was highly critical of Lokpal, stating "you could say that the Maoists and the Jan Lokpal Bill have one thing in common they both seek the overthrow of the Indian State", and "While his means may be Gandhian, Anna Hazare's demands are certainly not. Contrary to Gandhiji's ideas about the decentralisation of power, the Jan Lokpal Bill is a draconian, anticorruption law, in which a panel of carefully chosen people will administer a giant bureaucracy,.."[74][75][76]
Legislator support
Post the massive support to Anna Hazare's movement, several of the MPs across party lines have come out in support to the Jan Lokpal Bill. Most notable names are Congress MPs from Maharashtra Priya Dutt and Datta Meghe.[81][82] Datta Meghe also demanded that his party spokesperson Manish Tiwari should apologise to Anna Hazare for his uncharitable comments.[81] This support started coming as over 150 MPs and Ministers from different states were forced to remain confined to their houses as Anna supporters protested outside their houses. Protests were also seen outside the residence of Sheila Dixit CM of Delhi, Kapil Sibal, Pranab Mukherjee amongst others.[81][82][83] BJP MP Varun Gandhi is introducing Jan Lokpal Bill as a private member's bill in the parliament.[84]
Social media
As per the reports, Anna Hazare's fast was successful in mobilising the support of thousands in the virtual world of social media. On Independence Day, Anna had over 500,000 mentions through status updates and comments across top social networking sites, including Facebook and Twitter in the country. Two days later, the number had shot up to 9 million.On YouTube, over 40,000 people watched the video shot by Kiran Bedi inside Tihar Jail in which Anna has addressed his supporters. Facebook has 542 fan pages by Anna's name.[85][86]
Online surveys
According to the survey conducted by STAR News and Nielsen, 87% of the 8900 respondents of the survey supported the Jan Lokpal Bill. The survey conducted in 28 cities across the country, including all four metros mainly deals with three important points: publics knowledge about the Lokpal Bill; awareness about Annas campaign; and the perceived problems with the Jan Lokpal Bill.[87] Over a million people joined the Times of India online anti-graft campaign, in one of the biggest ever voting exercises in the virtual world. The news analysis points that citizens want to make their voices heard and have found the platform offered by the campaign a viable one to do so.[88]
A citizen charter on the bill An appropriate mechanism to subject lower bureaucracy to lokpal The establishment of Lokayuktas (ombudsmen at state level) in states
Anna Hazare, civil rights activists along with protestors at site of the fast welcomed this development on being informed, terming it as a battle "half won" while ending the protest.[91]
See also
India portal Law portal
2011 parliamentary debate on anti-corruption legislation Corruption in India Corruption Perceptions Index India Against Corruption Indian black money Indian political scandals List of politicians in India charged with corruption List of scams in India Lok Ayukta
References
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External links
Final Version 2.3 under official consideration redrafted by Ramarao Veluri, available on Govt of India website Jan Lokpal Bill Activists proposed version Dalit leaders To Meet Abhishek Singhvi With Bahujan Lokpal Bill
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