Wednesday, June 8, 2011

Jan Lokpal Bill- A Brief Review


Difference between Drafted Lokpal Bill 2010 and Jan Lokpal Bill 2011
Draft Lokpal Bill (2010)Jan Lokpal Bill (Citizen's Ombudsman Bill)
Lokpal will have no power to initiate suo motu action or receive complaints of corruption from the general public. It can only probe complaints forwarded by the Speaker of the Lok Sabha or the Chairman of the Rajya Sabha.Lokpal will have powers to initiate suo motu action or receive complaints of corruption from the general public.
Lokpal will only be an Advisory Body with a role limited to forwarding reports to a "Competent Authority".Lokpal will be much more than an Advisory Body and have the power to initiate prosecution of anyone found guilty.
Lokpal will have no police powers and no ability to register an FIR or proceed with criminal investigations.Lokpal will have police powers as well as the ability to register FIRs.
The CBI and Lokpal will be unconnected.Lokpal and the anti corruption wing of the CBI will be one independent body.
Punishment for corruption will be a minimum of 6 months and a maximum of up to 7 years.Punishments will be a minimum of 5 years and a maximum of up to life imprisonment.

Basic Principles of Jan Lokpal Bill :
There should be an institution called Jan lokpal at the centre and Jan Lokayukta in each state.
The following points are being written for Jan Lokpal. However, exactly similar model would be
applicable for states.
Independence of these institutions:
1. These institutions shall be financially, functionally and administratively independent of the
a. Financial independence: Their expenses shall be charged to the Consolidated Fund of
India/state. They shall not need administrative or financial sanctions from any government
agency for making expenditure. The quantum of expenses should be decided in an annual
meeting between the Prime Minister and the Chairperson of Lokpal.
b. Control over their employees: They shall have the freedom to decide the number of
employees required. They will have the power to select and recruit people either from
outside or on deputation or on contract basis or through any arrangement as they deem fit.
2. The Chairperson and members shall not be eligible for appointment to any position in any
organization, which is directly or indirectly funded by any government. It shall also not be
eligible to contest any elections. The total tenure of any member or Chairperson or together as
member and Chairperson shall not exceed five years.
Selection of members and Chairperson of Lokpal and Lokayukta:
3. The process should be completely transparent and participatory. There could be a very broad
based selection committee, which may consist of constitutional authorities, including
representatives from judiciary, bureaucracy and judiciary. This committee may be assisted by a
search committee.
4. The new members should be selected at least three months before the retirement of any
Removal of members and Chairperson of Lokpal and Lokayukta:
5. If prima facie case is made out in a complaint made to the Supreme Court by a citizen against
any member or Chairperson, Supreme Court shall institute a time bound enquiry and advise the
President on the basis of such enquiry. A member or Chairperson of Lokpal may be removed by
the President on the basis of such advice.
6. Lokpal should have jurisdiction the following jurisdiction:a. To receive complaints of corruption under Prevention of Corruption Act against Prime
Minister, all ministers, all members of both houses of Parliament, all bureaucrats and judges
of Supreme Court and High Court; to investigate these complaints and to file prosecution in
appropriate trial courts for prosecution and award of punishment.
b. To receive complaints of misconduct against bureaucrats and recommend appropriate
penalties under conduct rules. However, the recommendation shall be binding on the
c. For complaints against any politician for his/her conduct inside Parliament, Lokpal shall only
investigate the matter on receipt of a reference from Chairperson of either House. After
investigation, the Lokpal shall submit its report to Chairperson, who shall present it in the
House for decision on the same.
7. Lokpal shall not need to seek permission from any other agency for initiating investigation,
enquiry or prosecution. Appropriate amendments would need to be made in Prevention of
Corruption Act and Delhi Police Establishment Act for this purpose.
Powers of Lokpal and Lokayuktas:
8. Lokpal and Lokayukta shall have powers of search and seizure as provided in _____
9. It shall have powers of a civil court to summon and seek production of documents under _____
10. It shall have powers of contempt and imposition of financial penalties to seek compliance of its
11. It shall have powers to tap telephones under Indian telegraph Act.
12. It shall be deemed to be a police officer.
13. It shall have the powers to recommend, on an annual basis, the number of special courts
required under section 4 of Prevention of Corruption Act, to ensure that the trial in any case is
completed in less than a year. The recommendations shall be binding on the government.
14. It shall have the powers to issue letter rogatory, wherever required, in connection with
investigations of cases under this Act.
15. Notify list of moveable and immoveable assets of accused, if during or at the time of conclusion
of investigations, Lokpal believes that prosecution is likely to be initiated. These assets cannot be
transferred after such notification. Loss to exchequer quantified at the time of conviction, could
be recovered from sale of these assets.
16. Recommend stay of any activity, if during investigations, Lokpal is satisfied that the allegations
against such activity are likely to be sustained.
17. Recommend transfer of any official, if his continuance is likely to adversely affect investigations.18. Powers to issue appropriate directions to prevent destruction of records during investigations,
prevent further further acts of misconduct by a public servant or to prevent the public servant
from secreting the assets allegedly acquired by him through corrupt means.
19. If the allegations are substantiated after any enquiry or investigations, recommend removal of
any minister (barring Prime Minister).
20. Lokpal shall have powers to delegate any of its powers and functions barring those which are
specifically to be performed by the benches of Lokpal.
Internal transparency and accountability of Lokpal:
21. Every complaint shall have to be compulsorily disposed by Lokpal. No complaint could be
disposed without giving an opportunity of being hear to the complainant. If any case is closed,
all records related thereto shall be made public.
22. There shall be complete transparency during investigations also. However, such records, which
could impede the process of investigations, would not be disclosed. But after the completion of
any investigation or enquiry, all records related to a case, shall be made public.
23. Lokpal shall publish, every month on its website, the status of cases, received, disposed, closed,
reasons for closure and list of cases pending.
24. Any complaint against a staff of Lokpal shall be enquired into within a month of its receipt and if
found correct, the staff shall be summarily dismissed from the job. If any criminal case is made
out, the same shall be pursued.
Punishments and recovery of loss to the government:
25. At the time of conviction, the court shall make an assessment of the loss caused by the accused,
which shall be recovered from them.
26. The minimum punishment shall be raised to one year of rigorous imprisonment and maximum
should be raised to life imprisonment.
27. Punishment shall be higher if the status or rank of accused is higher.
28. If the beneficiary is a business entity, five times the loss caused to the government shall be
recovered. The recovery may be done from the assets of that entity or the personal assets of its
29. If any person obtains any benefit from the government in violation of any rules or laws, that
person along with concerned public servants shall be deemed to have indulged in corrupt
Whistleblower protection:30. Lokpal shall be responsible for providing protection against professional or physical threat or
victimization to whistleblowers, whether within or outside the government.
Public grievances with vigilance angle:
31. Every department shall prepare a citizens charter mentioning which work will be done by which
officer in how much time. Each department shall also designate the Head of the Department or
a sufficiently senior officer as Public Grievance Officer (PGO). Violation of citizen’s charter will be
dealt by PGO, who will be required to get the work done in 30 days. If PGO also fails, the
grievance will go to Vigilance Officer (who will be part of the Lokpal) and the grievance will be
deemed to have a vigilance officer. The vigilance officer shall get the work done in next 30 days,
impose penalties on the guilty officers which will be paid as compensation to the citizen and
proceed with enquiries of misconduct against guilty officers.
CBI, CVC and departmental vigilance:
32. The anti-corruption wing of CBI, the CVC and departmental vigilance wings of all departments
will be merged in Lokpal.
Declaration of annual property statements:
33. Each bureaucrat, politician and judge would be required to submit his/her statement of
moveable and immoveable assets on an annual basis, which will be put on a website.
34. If any asset is subsequently found to be owned by a public servant, which was not declared, it
would be deemed to have been obtained through corrupt means.
35. If any asset is subsequently found to be in possession of any public servant, it shall be deemed to
be owned by him/her unless he proves otherwise.
36. After each elections, the Lokpal shall verify the assets declared by each candidate with his
declared sources of income in his tax returns. Those undeclared shall be investigated against.
CAG to forward cases of corruption:
37. CAG, after its report has been laid in the Parliament, shall forward such cases to Lokpal, where it
feels that an offence under Prevention of Corruption Act is made out. Such cases shall be
investigated by Lokpal.
Power to make Rules:
38. No rules shall be made without the approval of Lokpal. Lokpal shall have power to make rules
and regulations with respect to its own functioning.
Transparency and applicability of Right to Information Act to Lokpal:
39. All records of Lokpal shall be open barring the following:a. Such portions of any records which if released during any ongoing investigations, could
impede the process of investigations. However, after completion of investigations, they
would be disclosed.
b. Such records which could affect national security or
c. Such records which would disclose the identity of a whistleblower and could compromise
his/her security.
Fines for frivolous complaints:
40. If anyone makes a complaint which lacks any evidence or basis and is held by Lokpal to be meant
only to harass someone, the complainant shall be fined. However, merely closure of a case due
to lack of evidence shall not be held against a complainant.

Lokpal bills were introduced in 1971, 1977, 1985, 1989, 1996, 1998, 2001, 2005 and 2008 but all failed to pass,a long span of 12 Prime Ministers.

After RTI we are moving towards ROR (Rights of Rejection) to avoid Vote-Banking.

Next topic of this blog might be about Rights of Rejection.  :)


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