ABOUT JAN LOKPAL BILL
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Salient features of Jan Lokpal Bill
- An institution called LOKPAL at the centre and LOKAYUKTA in each state will be set up
- Like Supreme Court and Election Commission, they will be completely independent of the governments. No minister or bureaucrat will be able to influence their investigations.
- Cases against corrupt people will not linger on for years anymore: Investigations in any case will have to be completed in one year. Trial should be completed in next one year so that the corrupt politician, officer or judge is sent to jail within two years.
- The loss that a corrupt person caused to the government will be recovered at the time of conviction.
- How will it help a common citizen: If any work of any citizen is not done in prescribed time in any government office, Lokpal will impose financial penalty on guilty officers, which will be given as compensation to the complainant.
- So, you could approach Lokpal if your ration card or passport or voter card is not being made or if police is not registering your case or any other work is not being done in prescribed time. Lokpal will have to get it done in a month’s time. You could also report any case of corruption to Lokpal like ration being siphoned off, poor quality roads been constructed or panchayat funds being siphoned off. Lokpal will have to complete its investigations in a year, trial will be over in next one year and the guilty will go to jail within two years.
- But won’t the government appoint corrupt and weak people as Lokpal members? That won’t be possible because its members will be selected by judges, citizens and constitutional authorities and not by politicians, through a completely transparent and participatory process.
- What if some officer in Lokpal becomes corrupt? The entire functioning of Lokpal/ Lokayukta will be completely transparent. Any complaint against any officer of Lokpal shall be investigated and the officer dismissed within two months.
- What will happen to existing anti-corruption agencies? CVC, departmental vigilance and anti-corruption branch of CBI will be merged into Lokpal. Lokpal will have complete powers and machinery to independently investigate and prosecute any officer, judge or politician.
- It will be the duty of the Lokpal to provide protection to those who are being victimized for raising their voice against corruption.
DIFFERENCE BETWEEN THE EXISTING SYSTEM AND WHAT WE WOULD WANT
Existing System
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System Proposed by civil society
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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.
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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 anyone’s permission. 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.
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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.
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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.
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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.
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Lokpal & Lokayukta shall have powers to
investigate and prosecute any judge without needing anyone’s permission.
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Nowhere to go - People expose corruption but no
action is taken on their complaints.
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Lokpal & Lokayukta will have to enquire into
and hear every complaint.
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There is so much corruption within CBI and vigilance
departments. Their functioning is so secret that it encourages corruption
within these agencies.
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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.
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Weak and corrupt people are appointed as heads of
anti-corruption agencies.
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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.
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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.
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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.
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Nothing in law to recover ill-gotten wealth. A corrupt
person can come out of jail and enjoy that money.
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Loss caused to the government due to corruption will
be recovered from all accused.
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Small punishment for corruption- Punishment for
corruption is minimum 6 months and maximum 7 years.
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Enhanced punishment - The punishment would be
minimum 5 years and maximum of life imprisonment.
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Should the Prime Minister be brought within the purview of
the proposed Lokpal?
The Lokpal Is only an investigative body. If someone comes
with credible proof of corruption by the PM, No less than seven members of the
eleven members of Lokpal will look into the evidence and decide whether to
investigate the PM or not. If it is a frivolous or unsubstantiated complaint,
the complainant will be suitably punished. If the complaint has substance the
Lokpal will investigate the matter. The 5 ministers from the government said
that if any enquiry starts against the PM, the PM would lose all authority to
govern and take decisions. We reminded them that in Bofors case also, the then
PM was under scanner. But that did not deter him from taking decisions. If the
PM takes many portfolios under himself, then all those ministries will become
exempt according to the governments logic. Even in this governments own Lokpal
bill, the PM was included with some qualifications. Even today, the CBI can
investigate the PM but the problem is that the CBI is under the PM’s
administrative control so effective investigation is not possible due to
conflicts of interest. Therefore, we believe that the PM cannot be exempted
from corruption investigation by the Lokpal.
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