Janlokpal bill :way to route out corruption

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Transcript of Janlokpal bill :way to route out corruption

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What is Janlokpal Bill?

• The prefix Jan (translation: citizens) signifies that these improvements include inputs provided by "ordinary citizens" through an activist-driven, non-governmental public consultation.

•1) The Jan Lokpal Bill, also referred to, an anti-corruption bill drafted and drawn up by civil society activists in India 

• 2)  The appointment of a Jan Lokpal, which is an independent body that would investigate corruption cases, complete the investigation within a year and trial the case the following year.

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Key Features of Janlokpal Bill

• To establish a central government anti-corruption institution called Lokpal, supported by Lokayukta at the state level.

• As is the case with the Supreme Court of India and Cabinet Secretariat, the Lokpal will be supervised by the Cabinet Secretry and the Election Commission. As a result, it will be completely independent of the government and free from ministerial influence in its investigations.

• Members will be appointed by judges, Indian Administrative Service officers with a clean record, private citizens and constitutional authorities through a transparent and participatory process.

• A selection committee will invite short-listed candidates for interviews, the video recordings of which will thereafter be made public.

• Every month on its website, the Lokayukta will publish a list of cases dealt with, brief details of each, their outcome and any action taken or proposed. It will also publish lists of all cases received by the Lokayukta during the previous month, cases dealt with and those which are pending.

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• Investigations of each case must be completed in one year. Any resulting trials should be concluded in the following year, giving a total maximum process time of two years.

• Losses to the government by a corrupt individual will be recovered at the time of conviction.

• Government office-work 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.

• Complaints against any officer of Lokpal will be investigated and completed within month and, if found to be substantive, will result in the officer being dismissed within two months.

• The existing anti-corruption agencies [CVC], departmental vigilance and the anti-corruption branch of the [CBI] will be merged into Lokpal which will have complete power authority to independently investigate and prosecute any officer, judge or politician.

• Whistle-blowers who alert the agency to potential corruption cases will also be provided with protection by it.

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Why do we need Janlokpal BillThere are several deficiencies in our anti-corruption systems because of which despite overwhelming evidence against the corrupt, no honestInvestigation and prosecution takes place and the corrupt are hardly punished. The whole anti-corruption set up ends up protecting the corrupt.The following four deficiencies stand out in our anti-corruption system. For details on deficiencies in our anti-corruption systems.

a.Lack of Independence: Most of our agencies like CBI, state vigilance departments. Anti corruption Branch of state police etc are not independent. In many cases,They have to report to the same people who are either themselves accused or are likely to be influenced by the accused.

. The Chief Minister of Punjab is the Minister in charge of Vigilance Department of Punjab. Interestingly, the same vigilance department Is also investigating charges ofcorruption against himself and his family and is prosecuting them. Can we expect the vigilance departmentTo do any honest investigation or prosecution?Huge unaccounted cash being recovered from the house of a top NHAI officer. Kamal Nath denied permission to register a case of corruption Against him. Coal Ministry just sat on CB’s repeated requests to prosecute the officer who was to become the CMD. Railways just sat on CB’sRequest to prosecute one of the top employes involved in railway recruitment scam.

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Powerless:

Some bodies like CVC or Lokayuktas are independent,but they do not

have any powers. They have been made advisory bodies.They giveTwo kinds of advise to the government- to either impose

departmental Penalties on any officer or to prosecute him in court. Experience

showsthat whenever any minister or senior officer is involved ,their advise

israrely followed.

Multiplicity of agencies:

Governments have deliberately created plethora of anti-corruption agencies and given them fractured mandates. This has been to render them ineffective.

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Kisan Baburao Hazare Anna Hazare K.contributed to the development and structuring of Ralegan Siddhi, a village of Ahmednagar district, Maharashtra, India. He was awarded the Padma Bhushan—the third-highest civilian award—by the Government of India in 1992 for his efforts in establishing this village as a model for others.

Anna Hazare started an indefinite hunger strike on 5

April 2011 to exert pressure on the Indian government to enact a stringent anti-corruption law, The Lokpal Bill, 2011 as envisaged in the Jan Lokpal Bill, for the institution of an ombudsman with the power to deal with corruption in public places. The fast led to nation-wide protests in support. The fast ended on 9 April 2011, a day after the government accepted Hazare's demands. The government issued a gazette notification on the formation of a joint committee, consisting of government and civil society representatives, to draft the legislation.

ROLE OF ANNA HAZARE

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Draft Lokpal Bill (2010) Jan Lokpal Bill (Citizen’s ombudsman Bill)

Lokpal will have no power to initiate suo moto action or receive complaints of corruption from the general public. It can only probe complaints forwarded by LS Speaker or RS Chairman.

Lokpal will have powers to initiate suo moto action or receive complaints of corruption from the general public.

Lokpal will only be an Advisory Body. Its part is only limited to forwarding its report to the “Competent Authority”

Lokpal will be much more than an Advisory Body. It should be granted powers to initiate Prosecution against anyone found guilty.

Lokpal will not have any police powers. It can not register FIRs or proceed with criminal investigations.

Lokpal will have police powers. To say that it will be able to register FIRs.

CBI and Lokpal will have no connection with each other.

Lokpal and anti corruption wing of CBI will be one Independent body.

Punishment for corruption will be minimum 6 months and maximum up-to 7 years.

The punishment should be minimum 5 years and maximum up-to life imprisonment.

Lokpal will not be a monopoly for particular area  

Differences between Draft Lokpal Bill 2010 and Jan Lokpal Bill 2012

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THE LOKPAL BILL DEBATE RAGES

Govt Proposals Hazare Version

• Lokpal will have powers to initiate investigation in any case and directly entertain complaints from the public.It will not need any reference or permission from anyone.

• Lokpal will not be an advisory body.It will have power to initiate the prosecution against anyone after completion of investigation in case. It will hav power to order disciplinary proceedings against any govt. servant.

• Lokpal Bill have police powers. It will be able to register FIR’s proeed with criminal investigation.

• Enhanced punishment-minimum 5 years, maximum life imprisonment.

• Loss caused to the govt. owing to corruption will be recovered from all the accused.

• Lokpal will have no power to initiate action or receive complaints of corruption from public. It would be only complaints forwarded by LS Speaker or RS Chairman. It will enable ruling party to protect its own.

• Lokpal Bill be an advisory body. It will forward its enquiry report to “competetant authority” which will have the final say,If Lokpal made report against the PM, Will parliament ever pass a resolution to prosecute him?

• No police powers to Lokpal it will be to “preliminaries enquiries”, Even if its report is accepted, who will file charge sheet?

• Mild punishment for corruption- minimum 6 months, maximum 7 years.

• No provision to recover wealth. A corrupt person can come out of jail and use the money.

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Advantage of Lokpal Bill1. Major advantage of this bill is all about

solving the No.1 problem of India is CORRUPTION.

2. Who will be the decision makers this time, nonpoliticians, non-bureaucrats, not a police officer.

3. This bill is proposed to the government again and again in last 50 years so this holds the believe of generations and we all think this can change the system.

4. The decision will be faster than what we have right now, the proposed decision will be 1 year and punishment will be executed in 2 years.

5. People will not have to go through the grueling system to complain the crime.

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Major Disadvantages of Lokpal BillThis is not a mature bill, still lot many open issues, I will write them all here before I write about the possible fix for it. I could be an ignorant about the complete bill but I tried to read it from various places and I didn’t notice anyone describing these issues.1.Huge burden on government to run this, it needs huge money to manage the head counts.’

1.I don’t understand why it needs 1 year for decision and another 1 year for the punishment.

2.How someone can guarantee there will be “No minister or bureaucrat influence on their investigations.”

3.How can it be assured that Lokpal members are not corrupted? Don’t we have corrupted “judges, citizens and constitutional authorities”, who says only the politicians are corrupted?I believe we are responsible for the corrupted system and we should be the one to fix it, government will have to support us as we support the government. Here are my thoughts.

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PRESENTED BY:Garima Mishra and Bhumika Chandrawat

GUIDED BY:Prof. Yogesh Kakde