Thursday, August 18, 2011

What is Lokpal How can it Help?

Recently got a mail about the much talked about Lokpal Bill.
For starters... This is a bill presented by Indian civil society in order to overcome growing corruption in India.
Some of the advantages are discussed here...
If anyone has any other info about the same or in case any of the mentioned points seems to be incorrect please let me know.

As per wikipedia : "The Jan Lokpal Bill (Hindi: जन लोकपाल विधेयक), also referred to as the citizens' ombudsman bill, is a proposed anti-corruption law in India. It is designed to effectively deter corruption, redress grievances of citizens and protect whistle-blowers."

For your education if you do not know this ---- See how Lokpal Bill can curb the politicians
Existing System
System Proposed by civil society
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.
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.
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.
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.
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.
Lokpal & Lokayukta shall have powers to investigate and prosecute any judge without needing anyoneⳠpermission.
Nowhere to go - People expose corruption but no action is taken on their complaints.
Lokpal & Lokayukta will have to enquire into and hear every complaint.
There is so much corruption within CBI and vigilance departments. Their functioning is so secret that it encourages corruption within these agencies.
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.
Weak and corrupt people are appointed as heads of anti-corruption agencies.
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.
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.
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.
Nothing in law to recover ill gotten wealth. A corrupt person can come out of jail and enjoy that money.
Loss caused to the government due to corruption will be recovered from all accused.
Small punishment for corruption- Punishment for corruption is minimum 6 months and maximum 7 years.
Enhanced punishment - The punishment would be minimum 5 years and maximum of life imprisonment.

Attempts to draft a compromise bill, merging the Government's version and that of the civil group's version, by a committee of five Cabinet Ministers and five social activists failed. The Indian government introduced its own version of the bill in the parliament, which the activists consider to be too weak.

Difference between Government and activist drafts

Difference between Draft Lokpal Bill 2010 and Jan Lokpal Bill
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 moto 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 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 10 years and a maximum of up to life imprisonment.
For detailed difference you can checkout at wikipedia link :

Currently India is on the verge of writing its own fate... Lets join in ...

No comments: