Jan Lokpal Bill Vs Government's Lokpal Bill

By: Doyouknow.IN | Views: 3375 | Date: 23-Aug-2011

Here we have provided some clauses of Jan Lokpal and Lokpal bills to compare both.

Here we have provided some clauses of Jan Lokpal and Lokpal bills to compare government Lokpal and Anna Hazare's Jan Lokpal bill.

Jan Lokpal Bill is drafted by Lokayukta of Karnataka justice Santosh Hegde, Supreme Court lawyer Prashant Bhushan, Kiran Bedi and RTI activist Arvind Kejriwal.

A surprisingly large number of people believed that Anna Hazare had gone on a fast as a protest against the widespread corruption plaguing the Indian government. This is only tangentially true. The thrust of the protest was the promulgation of a Jan Lokpal Act, which would deal with corruption.

India, especially amongst its citizens, is widely perceived to be a nation filled with highly corrupt officials. Although it ranks somewhere in the middle of the Corruption Perceptions Index published by Transparency International (coming in at #87 out of #178, we lie somewhere between Morocco and Albania), with widespread coverage of scams such as those relating to the CWG and the 2G spectrum allocation our government has, in the public eye, become a veritable cornucopia of greedy public servants and greedier politicians.

Jan Lokpal Bill

Jan Lokpal Bill proposed by Anna Hazare's Team:

  1. Lokpal at centre and Lokayukta at state level will be independent bodies. ACB and CBI will be merged into these bodies. They will have power to initiate investigations and prosecution against any officer or politician without needing anyoneⳠpermission. Investigation should be completed within 1 year and trial to get over in next 1 year. Within two years, the corrupt should go to jail.
  2. Lokpal and Lokayukta will have complete powers to order dismissal of a corrupt officer. CVC and all departmental vigilance will be merged into Lokpal and state vigilance will be merged into Lokayukta.
  3. Lokpal & Lokayukta shall have powers to investigate and prosecute any judge without needing anyoneⳠpermission.
  4. Lokpal & Lokayukta will have to enquire into and hear every complaint.
  5. All investigations in Lokpal & Lokayukta shall be transparent. After completion of investigation, all case records shall be open to public. Complaint against any staff of Lokpal & Lokayukta shall be enquired and punishment announced within two months.
  6. Politicians will have absolutely no say in selections of Chairperson and members of Lokpal & Lokayukta. Selections will take place through a transparent and public participatory process.
  7. Lokpal & Lokayukta will get public grievances resolved in time bound manner, impose a penalty of Rs 250 per day of delay to be deducted from the salary of guilty officer and award that amount as compensation to the aggrieved citizen.
  8. Loss caused to the government due to corruption will be recovered from all accused.
  9. Enhanced punishment - The punishment would be minimum 5 years and maximum of life imprisonment.

Lokpal Bill proposed by Government:

  1. No politician or senior officer ever goes to jail despite huge evidence because Anti Corruption Branch (ACB) and CBI directly come under the government. Before starting investigation or initiating prosecution in any case, they have to take permission from the same bosses, against whom the case has to be investigated.
  2. No corrupt officer is dismissed from the job because Central Vigilance Commission, which is supposed to dismiss corrupt officers, is only an advisory body. Whenever it advises government to dismiss any senior corrupt officer, its advice is never implemented.
  3. No action is taken against corrupt judges because permission is required from the Chief Justice of India to even register an FIR against corrupt judges.
  4. Nowhere to go - People expose corruption but no action is taken on their complaints.
  5. There is so much corruption within CBI and vigilance departments. Their functioning is so secret that it encourages corruption within these agencies.
  6. Weak and corrupt people are appointed as heads of anti-corruption agencies.
  7. Citizens face harassment in government offices. Sometimes they are forced to pay bribes. One can only complaint to senior officers. No action is taken on complaints because senior officers also get their cut.
  8. Nothing in law to recover ill gotten wealth. A corrupt person can come out of jail and enjoy that money.
  9. Small punishment for corruption- Punishment for corruption is minimum 6 months and maximum 7 years.


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Comments
Haren Shah  |  24-Aug-2011 14:46:17 IST
Respected Anna Hazare is indeed doing a great service to nation by getting the issue of corruption in the forefront. Corruption has deteriorated the very fabric of the nation.

However, giving extraordinary powers to Lokpal Institution has a danger of becoming a parallel government, pausing a possibility of even bigger form of corruption as none of the government agencies would have any say on the matter.

So by remaining within the bounds of democratic constitution of our country, Lokpal also remain accountable to some one, say Supreme Court. Also, if Lokpal members are found guilty of corruption, the severity of punishment to them must be far greater as they are sitting in the position of a judge.

Good luck on the effort!

Haren Shah
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