Lokpal

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The word Lokpal means an ombudsman in India. The word has been derived from the Hindi words
"lok" (people) and "pal" (protector/caretaker). So word lokpal means 'Protector of people'.The concept
of Lokpal has been drawn up ostensibly to root out corruption at high places the prevailing in Indian
polity.

Contents
[hide]

• 1 Lokpal Bill

• 2 History

• 3 Duties

• 4 Differences between Draft Lokpal Bill 2010 and Jan Lokpal Bill

• 5 See Also

• 6 References

• 7 External links

[edit]Lokpal Bill
After 42 years the lokpal bill is still pending in India. The first Lokpal Bill was passed in the 4th Lok
Sabha in 1969 but could not get through in Rajya Sabha, subsequently, Lokpal bills were introduced in
1971, 1977, 1985, 1989, 1996, 1998, 2001, 2005 and in 2008, yet they were never passed and its
pending. [1][2]

The Lokpal Bill provides for filing complaints of corruption against the prime minister, other ministers,
and MPs with the ombudsman. The Administrative Reforms Commission (ARC) while recommending
the constitution of Lokpal was convinced that such an institution was justified not only for removing the
sense of injustice from the minds of adversely affected citizens but also necessary to instill public
confidence in the efficiency of administrative machinery. Following this, the Lokpal Bill was for the first
time presented during the fourth Lok Sabha in 1968, and was passed there in 1969.

However, while it was pending in the Rajya Sabha, the Lok Sabha was dissolved, resulting the first
death of the bill. The bill was revived in 1971, 1977, 1985, 1989, 1996, 1998, 2001, 2005 and most
recently in 2008. Each time, after the bill was introduced to the house, it was referred to some
committee for improvements - a joint committee of parliament, or a departmental standing committee
of the Home Ministry - and before the government could take a final stand on the issue the house was
dissolved.

Several flaws have been sited in the recent draft of the Lokpal Bill. [3] Meanwhile the activists of India
Against Corruption (IAC) have prepared a draft for the bill called Jan Lokpal Bill.[2]

[edit]History

The basic idea of the Lok Pal borrowed from the office of ombudsman, which has played an effective
role in checking corruption and wrong-doing in Scandinavian and other nations.In early 1960s,
mounting corruption in public administration set the winds blowing in favour of an Ombudsman in India
too. The Administrative Reforms Commission (ARC) set up in 1966 recommended the constitution of a
two-tier machinery - of a Lokpal at the Centre, and Lokayukt(a)s in the states.

[edit]Duties

Prime Minister or a House of Parliament — to whom a Lokpal sends its report holds that the
allegations of corruption made in a complaint against the Prime Minister, or a Minister or MP (present
or past) have not been proved, "notwithstanding anything contained in any other law", "no prosecution
shall lie on any complaint, report, information or otherwise and no court shall take cognisance of any
offence on the basis of the same or substantially the same allegations."

The Lokpal is empowered to give directions for deferring or suspending any ongoing police
investigations in matters covered by the complaints made to it.

There are many more gems of justice that deserve attention. Contradictory to the government’s claim
that the Lokpal would provide the common man with exemplary powers to censure his/her elected
representative, every complainant, the government’s ‘common man’, has to pay a fees and take full
responsibility for leveling charges and in case the complaint is found to be baseless, to discourage the
same ‘common man’, serious punitive action extending to two years in jail and Rs.50,000 in fine will be
imposed on the complainant.

Charges of corruption in the Indian legal system are not necessarily covered only under the Prevention
of Corruption Act, 1988 but also under many other Acts, but the Lokpal restricts its ambit to the cases
under this Act.

Regarding the constitution of the Lokpal, the Chairman of the Lokpal shall be from among past or
present chief justices of Supreme Court. But the other two members of the Lokpal may also be from
those qualified to be judges of the Supreme Court. The loose end left here makes countless many
from India’s entire judiciary eligible for the post including those who are also senior party politicians
with legal background.

Lokpal is highest institution in India to investigate corruption at higher places in Government. Creation
of Lokpal institution is under process. Many previous attempt were unsuccessful due to lack of political
support.

This institution will cover all government ministers, officers at centre including Prime Minister (Under
Debate).

[edit]Differences between Draft Lokpal Bill 2010 and Jan Lokpal

Bill

Differences

Draft Lokpal Bill 2010 Jan Lokpal Bill

Lokpal will have no power to initiate suo moto action or

Lokpal will have powers to initiate suo moto
receive complaints of corruption from the general public. It
action or receive complaints of corruption
can only probe complaints forwarded by LS Speaker or RS
from the general public.
Chairman.

Lokpal will only be an Advisory Body. Its part is only Lokpal will be much more than an Advisory
limited to forwarding its report to the "Competent Body. It should be granted powers to initiate
Authority" Prosecution against anyone found guilty.

Lokpal will not have any police powers. It can not register Lokpal will have police powers. To say that it
FIRs or proceed with criminal investigations. will be able to register FIRs.

Lokpal and anti corruption wing of CBI will

CBI and Lokpal will have no connection with each other.
be one Independent body.

Punishment for corruption will be minimum 6 months and The punishment should be minimum 5 years
maximum up-to 7 years. and maximum up-to life imprisonment.

Lokpal will not be a monopoly for particular

area
What is Lokpal Bill
TNN | Apr 6, 2011, 04.58am IST

Article

Comments (246)

Tags:Lokpal Bill|Corruption Campaign

The Lokpal will be a three-member body with a chairperson who is or was a chief
justice or Supreme Court judge, and two members who are or have been high courts
judges or chief justices.

Implementation of the Lokpal bill will hopefully reduce corruption in India.

The basic idea of the Lokpal is borrowed from the office of the ombudsman in other
countries.
It provides for filing complaints of corruption against the prime minister , other
ministers and members of parliament with the ombudsman.

Anyone, except for a public servant , can file a complaint and the Lokpal has to
complete the inquiry within six months.

For 42 years, governments have tried to put in place the law.

The bill was for the first time presented during the fourth Lok Sabha in 1968, and
was passed there in 1969. However, the Lok Sabha was dissolved , resulting in the
first death of the bill.

It was revived in 1971, 1977, 1985, 1989, 1996, 1998, 2001, 2005 and 2008.

In September 2004, prime minister Manmohan Singh said the Congress-led United
Progressive Alliance government would lose no time in enacting the bill. But strong
lobbies blocked it.

The Lokpal Bill, 2010, awaits an okay from a select committee.

Former chief justice of the Delhi high court and rights activist Rajinder Sachar feels
the bill is "shamefully toothless and meant to give a false reassurance to the people
that the government is serious in its fight against corruption" .

Lokpal Bill: Government vs Anna Hazare

ibnlive.com
Updated Apr 07, 2011 at 09:21am IST

706Share
New Delhi: Veteran activist Anna Hazare's fast-unto-death gathered steam on its second
day as he pressed for a stronger anti-graft Lok Pal Bill through greater involvement of civil
society - a protest he has dubbed as the second Satyagraha.
Hazare wants equal representation from civil society in drafting the Lok Pal Bill.
The debate on some of the proposals put forward by both Hazare and the government on
the contentious bill that has been lying in the freezer for 43 years has gathered momentum.
Government Proposal
Lokpal will have no power to initiate suo motu action or receive complaints of corruption from
public. It would probe only complaints forwarded by the Lok Sabha Speaker or Rajya Sabha
Chairman. It will enable the ruling party to protect its own.
Lokpal will be an advisory body. It will forward its enquiry report to "competent authority",
which will have the final say. If Lokpal made a report against the PM, will Parliament ever
pass a resolution to prosecute him?
No police powers to Lokpal. All its probes will tantamount to "preliminary enquiries". Even if
its report is accepted, who will file chargesheet?
No mention of the CBI's role after the Bill is enacted. Will CBI lose its powers to investigate
politicians?
Mild punishment for corruption - minimum 6 months, maximum 7 years
No provision to recover ill-gotten wealth. A corrupt person can come out of jail and use the
money
Anna Hazare’s proposal
Lokpal will have powers to initiate investigations suo motu in any case and directly entertain
complaints from the public. It will not need reference or permission from anyone to initiate
investigation into any case.
Lokpal will not be an advisory body. It will have powers to initiate prosecution against anyone
after completion of investigations in a case. It will also have powers to order disciplinary
proceedings against any government servant.
Lokpal will have police powers. It will be able to register FIRs, proceed with criminal
investigations and launch prosecution.
The anti-corruption wing of the CBI will be merged with Lokpal so that there is just one
independent body to act against graft.
Enhanced punishment - minimum 5 years, maximum life imprisonment.
Loss caused to the government owing to corruption will be recovered from all the accused.
History of the Bill
The first mention of an anti-corruption ombudsman (Lokpal) was made in the early 1960s
when Jawaharlal Nehru was the Prime Minister. But it was in 1966 that a Lokpal was
proposed at the Centre and Lokayuktas in states
In 1968, a Lokpal Bill was presented for the first time in the fourth Lok Sabha. The House
passed it in 1969. But while it was pending, LS was dissolved.
The Bill was revived in 1971, 1977, 1985, 1989, 1996, 1998 and 2001. But each time, it was
referred to some committee of Parliament. The government has now prepared a rough draft
of the Bill.
A fresh movement for an effective Lokpal began in 2010 after a series of scams. An
alternative draft - Jan Lokpal Bill - was prepared by activists India Against Corruption under
the guidance of Karnataka Lokayukta Justice Santosh Hegde and senior lawyer Prashant
Bhushan.