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Jan Lokpal Bill - Wikipedia, the free encyclopedia

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In India, the Jan Lokpal Bill (Hindi: जन लोकपाल विधेयक) (also referred to as the citizens' ombudsman bill) is a proposed anti-corruption law designed to effectively deter corruption, redress grievances and protect whistleblowers. The law would create an ombudsman called the Lokpal; this would be an independent body similar to the Election Commission of India with the power to prosecute politicians and bureaucrats without prior government permission.[1]

A compromise bill, merging the Government's version and that of the civil group's version (Jan Lokpal), is being drafted by a committee of five Cabinet Ministers and five social activists. As of July 2011, the most current version of the bill is version 2.3, according to the government website.

For 42 years, the government-drafted bill has failed to pass the Rajya Sabha, the upper house of the Parliament of India.[2] The first Lokpal Bill was passed in the 4th Lok Sabha, the lower house of the Parliament, in 1969 but stalled in the Rajya Sabha. Subsequent Lokpal bills were introduced in 1971, 1977, 1985, 1989, 1996, 1998, 2001, 2005 and 2008 but all failed to pass.[3] Following the four day Anna Hazare fasting struggle,[clarification needed] Prime Minister Manmohan Singh stated that the Lokpal Bill would be introduced in the 2011 monsoon session of parliament.[4]

Contents

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[edit] Background

Renewed calls for a Jan Lokpal Bill arose over resentment of the major differences between the draft 2010 Lokpal Bill prepared by the government and the Jan Lokpal Bill prepared by the members of this movement, N. Santosh Hegde, a former justice of the Supreme Court of India and Lokayukta of Karnataka, Prashant Bhushan, a senior lawyer in the Supreme Court along with the members of the India Against Corruption movement. This movement has also been joined by many people providing their support in Internet social media such as Twitter and Facebook. In addition to spiritual leaders Sri Sri Ravi Shankar, Swami Ramdev, Swami Agnivesh and former Indian cricketer Kapil Dev,[5] many celebrities showed their public support through micro-blogging site Twitter[6] which has received significant public support. The bill's backers consider existing laws too weak and insufficiently enforced to stop corruption.[7][8]

[edit] Key features of proposed bill

  1. To establish a central government anti-corruption institution called Lokpal, supported by Lokayukta at the state level.
  2. As in the case of the Supreme Court and Cabinet Secretariat, the Lokpal will be supervised by the Cabinet Secretary and the Election Commission. As a result, it will be completely independent of the government and free from ministerial influence in its investigations.
  3. 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.
  4. A selection committee will invite shortlisted candidates for interviews, videorecordings of which will thereafter be made public.
  5. 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.
  6. 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.
  7. Losses caused to the government by a corrupt individual will be recovered at the time of conviction.
  8. Government officework 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.
  9. Complaints against any officer of Lokpal will be investigated and completed within a month and, if found to be substantive, will result in the officer being dismissed within two months.
  10. 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 and authority to independently investigate and prosecute any officer, judge or politician.
  11. Whistleblowers who alert the agency to potential corruption cases will also be provided with protection by it.

[edit] Difference between the proposals

Difference between Draft Lokpal Bill 2010 and Jan Lokpal Bill
[9] 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 First Information Report 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.

[edit] Protests

On March 13, 2011, a group of Delhi residents dressed in white shirts and t-shirts drove around the city for four hours in support of an anti-corruption campaign and the passing of a Jan Lokpal Bill.[10]

Anti-corruption activist Anna Hazare went on hunger strike "unto death" on April 5, 2011, pending the enactment of a Jan Lokpal Bill.[11] Around 6,000 Mumbai residents also began a one-day fast in support of similar demands.[12] Protesters chose yellow as their colour and were seen wearing yellow dresses, T-shirts while waving yellow banners. Inter city protest co-ordination is underway to observe Yellow Sunday.[citation needed]

Hazare also announced plans to start a Jail Bharo Andolan protest on 13 April 2011 [13] if the Jan Lokpal bill is not passed by the government. He also stated that his group has received six crore (60 million) text messages of support[14] and that he has further backing from a large number of Internet activists.

The protests are not associated with any political parties, and Hazare supporters discouraged political leaders from joining the protests, because Hazare believes that political parties were using the campaign for their own political advantage.[15]

[edit] Notable supporters and opposition

In addition to the activists responsible for creating and organizing support for the bill, a wide variety of other notable individuals have also stated that they support this bill. Spiritual leaders *Sri Sri RaviShankar[16] and Yog Guru Ramdev[17] have both expressed support. Notable politicians who have indicated support for the bill include Ajit Singh[18] and Manpreet Singh Badal[19] as well as the principal opposition party, Bhartya Janta Party.[20][21] In addition, numerous Bollywood actors, directors, and musicians have publicly approved of the bill.[22][23][24][25][26][27][28][29]

Notable opposition has been expressed by HRD minister Kapil Sibal and other Congress leaders; Chief Minister of West Bengal Mamta Banerjee; Punjab Chief Minister and Akali Dal leader Prakash Singh Badal; Shiv Sena leader Bal Thackeray, and former Chief Justice of the Supreme Court Jagdish Sharan Verma. [30] Although BJP showed their support earlier, there are reports that BJP shares the Congress's concern "over letting the civil society gain the upper hand over Parliament in lawmaking".[31]

[edit] Government response

To dissuade Hazare from going on an indefinite hunger strike, the Prime Minister's Office have directed the ministries of personnel and law to examine how the views of society activists can be included in the Lokpal Bill.[32]

On 5 April 2011, the National Advisory Council rejected the Lokpal bill drafted by the government. Union Human Resource Development Minister Kapil Sibal then met social activists Swami Agnivesh and Arvind Kejriwal on 7 April to find ways to bridge differences over the bill.[33] Hazare's fast was supported by the CPI(M) with their politburo issuing a statement demanding an effective Lokpal Bill.

After several rounds of talks, on 8 April 2011, Anna Hazare announced to his supporters that the Government had agreed to all his demands and he would break his fast on the following Saturday morning. According to the understanding reached, five of the ten-member joint-draft committee would come from society . Pranab Mukherjee will be the Chairman of the draft committee and Shanti Bhushan his Co-Chairman.[34]

Government's handling of the formation of the draft committee, involving the civil society in preparation of the draft Lokpal bill, was criticized by various political parties: BJP, BJD, AIADMK, CPI-M,RJD, BJD, JD(U) and Samajwadi Party. [35][36]

[edit] Drafting Committee

The drafting committee was officially formed on 8 April 2011. It consists of ten members, including five from the government and five drawn from society.[37]

[edit] Chairmen

The Government of India accepted that the committee be co-chaired by a politician and an activist, non-politician. It is reported that Pranab Mukherjee, from the political arena, and Shanti Bhushan, from civil society, will fill those roles.

[edit] Government representation

Five Cabinet ministers will be a part of the Drafting Committee. They are:

[edit] Civil society representation

Five leading social activists will be a part of the Drafting Committee. They are:

The involvement of the Bhushans has been questioned after a new CD controversy.[38]

[edit] Criticisms of the Jan Lokpal Bill

Some people have opined that the Jan Lokpal Bill is 'Naïve' in its approach to combating corruption. According to Pratap Bhanu Mehta, President, Center for Policy Research, Delhi, the bill "is premised on an institutional imagination that is at best naïve; at worst subversive of representative democracy".[39] The Lokpal concept was criticized by the Human Resource Development (HRD) minister Kapil Sibal because of concerns that it will lack accountability, oppresively, and undemocratically.[40]

The claim that the Lokpal will be an extra-constitutional body has been derided by Hazare’s closest lieutenant, Arvind Kejriwal. He states the Jan Lokpal Bill drafted by civil society will only investigate corruption offences and submit a charge sheet which would then tried and prosecuted, through trial courts and higher courts. Kejriwal further states that the proposed bill also lists clear provisions in which the Supreme Court can abolish the Lokpal.[41]

Although Kejriwal has stated that all prosecutions will be carried out through trial courts, the exact judicial powers of LokPal is rather unclear in comparison with its investigative powers. The bill [42] requires "...members of Lokpal and the officers in investigation wing of Lokpal shall be deemed to be police officers". Although some supporters have denied any judicial powers of Lokpal,[43] the government and some critics have recognized Lokpal to have quasi-judicial powers. [44] The bill states that "Lokpal shall have, and exercise the same jurisdiction powers and authority in respect of contempt of itself as a High court has and may exercise, and, for this purpose, the provisions of the Contempt of Courts Act, 1971 (Central Act 70 of 1971)shall have the effect subject to the modification that the references therein to the High Court shall be construed as including a reference to the Lokpal." Review of proceedings and decisions by Lokpal is prevented in the bill, stating "...no proceedings or decision of the Lokpal shall be liable to be challenged, reviewed, quashed or called in question in any court of ordinary Civil Jurisdiction." How the trials will be conducted is unclear in the bill, although the bill outlines requiring judges for special courts, presumably to conduct trial that should be completed within one year. Without judicial review, there is concern that Lokpal could become a extra-constitutional body with investigative and judicial powers whose decisions cannot be reviewed in regular courts.[45] Whether or not to include the Prime Minister and higher judiciary under the Lokpal remains as one of the major issues of dispute. Although Hazare proposed Justice Verma, the former Chief Justice of the Supreme Court, as the Chairman of the Lokpal Bill panel,[46] Justice Verma later expressed his constitutional objections for including the Prime Minister and higher judiciary under Lokpal, stating "this would foul with the basic structure of the constitution". [47]

[edit] See also

[edit] References

  1. ^ "Dandi March 2 for Jan Lokpal Bill". Hindustan Times. 2011-03-27. http://www.hindustantimes.com/Dandi-March-2-for-Jan-Lokpal-Bill/Article1-678094.aspx. Retrieved 2011-04-09. 
  2. ^ "City activists garner support for Jan Lokpal bill". Hindustan Times. 2011-03-14. http://www.hindustantimes.com/City-activists-garner-support-for-Jan-Lokpal-bill/Article1-673145.aspx. Retrieved 2011-04-09. 
  3. ^ "Lokpal bill to cover PM". CNN-IBN. Nov 21, 2010. http://ibnlive.in.com/news/lokpal-bill-to-cover-pm/135533-3.html. 
  4. ^ "Anna Hazare's anti-corruption movement: Time-line". Mathrubhumi. Apr 09,2011. http://www.mathrubhumi.com/english/story.php?id=107195. 
  5. ^ Joshi, Sandeep (7 April 2011). "Support pours in for Hazare's movement". The Hindu (Chennai, India). http://www.thehindu.com/news/national/article1606249.ece. Retrieved 13 April 2011. 
  6. ^ "Bollywood supports Anna Hazare". http://www.nowrunning.com/news/bollywood/bollywood-extends-support-to-anna-hazare/40029/story.htm?utm_source=twitterfeed&utm_medium=twitter&utm_campaign=DTN+Bollywood%3A. 
  7. ^ Deshpande, Vinaya (30 March 2011). "Anna Hazare faults Lokpal Bill". The Hindu (Chennai, India). http://www.thehindu.com/todays-paper/tp-national/tp-otherstates/article1583886.ece. Retrieved 13 April 2011. 
  8. ^ "Lead, kindly light". The Hindu (Chennai, India). 13 April 2011. http://www.thehindu.com/todays-paper/tp-features/tp-metroplus/article1692336.ece. Retrieved 13 April 2011. 
  9. ^ "Lokpal Bill: Govt version vs civil society version". The Times of India. 7 April 2011. http://timesofindia.indiatimes.com/articleshow/7892134.cms. Retrieved 7 April 2011. 
  10. ^ "Drive around Delhi to demand strong Lokpal Bill". Sify News. 13 March 2011. Archived from the original on 5 April 2011. http://www.webcitation.org/5xi4nNr1v. Retrieved 5 April 2011. 
  11. ^ "Anna Hazare announces fast unto death till Jan Lokpal Bill enacted". The Economic Times. 4 April 2011. Archived from the original on 5 April 2011. http://www.webcitation.org/5xi4sP1kB. Retrieved 5 April 2011. 
  12. ^ "Mumbai to join Hazare’s fast today for Jan Lokpal". The Indian Express. 5 April 2011. Archived from the original on 5 April 2011. http://www.webcitation.org/5xi599Dzh. Retrieved 5 April 2011. 
  13. ^ "Anna Hazare announces jail bharo movement on April 13". Indian Express. 8 April 2011. http://www.indianexpress.com/news/hazare-announces-jail-bharo-movement-on-april-13/773470/. Retrieved 8 April 2011. 
  14. ^ NULL. "Anna Hazare: I asked PM whether his team shares his values - Forbes India". Moneycontrol.com. http://www.moneycontrol.com/news/features/anna-hazarei-asked-pm-whether-his-team-shares-his-values_533105.html. Retrieved 2011-04-09. 
  15. ^ "Hazare fast: people heckle, chase out politicos - Politics - Politics News - ibnlive". Ibnlive.in.com. 2010-02-03. http://ibnlive.in.com/news/politicos-heckled-not-allowed-to-meet-hazare/148450-37-64.html?from=hp. Retrieved 2011-04-09. 
  16. ^ Anna Hazare is the voice of millions of Indians: Sri Sri- TIMESNOW.tv - Latest Breaking News, Big News Stories, News Videos
  17. ^ Anna Hazare to go on fast unto death demanding anti-corruption law
  18. ^ "India against corruption: Ajit Singh supports Anna Hazare's campaign - Economic Times". Economictimes.indiatimes.com. 2011-04-05. http://economictimes.indiatimes.com/news/politics/nation/india-against-corruption-ajit-singh-supports-anna-hazares-campaign/articleshow/7899211.cms. Retrieved 2011-04-09. 
  19. ^ "Pass ''Jan Lokpal Bill'' in next Parliament session: Manpreet, IBN Live News". Ibnlive.in.com. 2010-02-03. http://ibnlive.in.com/generalnewsfeed/news/pass-jan-lokpal-bill-in-next-parliament-session-manpreet/641041.html. Retrieved 2011-04-09. 
  20. ^ "BJP extends support to Hazare’s fast on anti-graft bill". Inewsone.com. http://www.inewsone.com/2011/04/04/bjp-extends-support-to-hazares-fast-on-anti-graft-bill/40997. Retrieved 2011-04-09. 
  21. ^ Special Correspondent (2011-04-05). "News / National : BJP seeks all-party meet on Lokpal Bill". Chennai, India: The Hindu. http://www.thehindu.com/news/national/article1602174.ece. Retrieved 2011-04-09. 
  22. ^ The Pioneer :: Home : >> Hazare calls for jail bharo moevement after Govt snub
  23. ^ Anna Hazare´s Jantar Mantar Crusade Against Corruption Gets Support From Aamir & Others! - Planet Bollywood News
  24. ^ Mangalorean.Com- Serving Mangaloreans Around The World!
  25. ^ "Big B, Ramdev extend support to Hazare's crusade - Times Of India". The Times Of India. http://timesofindia.indiatimes.com/india/Big-B-Ramdev-extend-support-to-Hazares-crusade/articleshow/7913631.cms. 
  26. ^ "Bollywood resonates with Anna Hazare". The Hindu (Chennai, India). 9 April 2011. http://www.hindu.com/2011/04/09/stories/2011040959201000.htm. 
  27. ^ Central Chronicle - Madhya Pradesh's News Portal
  28. ^ B'wood continues to support Anna Hazare - Movies News - Bollywood - ibnlive
  29. ^ [1][dead link]
  30. ^ "Logjam over Lokpal bill continues". rediff.com. http://www.rediff.com/news/report/govt-takes-another-backfoot-on-debate-over-lokpal/20110620.htm. 
  31. ^ RADHIKA RAMASESHAN (22 June 2011). "DMK iffy on Lokpal, allies back govt Hazare wags fast finger". http://www.telegraphindia.com/1110622/jsp/nation/story_14145117.jsp. 
  32. ^ "Find ways to include activists' opinion: PMO". Hindustan Times. 2011-03-10. http://www.hindustantimes.com/Find-ways-to-include-activists-opinion-PMO/Article1-671509.aspx. Retrieved 2011-04-09. 
  33. ^ "Hazare fast: Sibal meets Agnivesh, Kejriwal to pursue constructive dialogue". TruthDive. http://truthdive.com/2011/04/07/Hazare-fast-Sibal-meets-Agnivesh-Kejriwal-to-pursue-constructive-dialogue.html. Retrieved 2011-04-09. 
  34. ^ "Front Page : Government concedes Anna Hazare's demands". Chennai, India: The Hindu. 9 April 2011. http://www.hindu.com/2011/04/09/stories/2011040962090100.htm. Retrieved 2011-04-09. 
  35. ^ http://news.outlookindia.com/item.aspx?726611
  36. ^ "Govt attacked for involving civil society in drafting Lokpal". Indian Express. 4 July 2011. http://www.indianexpress.com/news/govt-attacked-for-involving-civil-society-in-drafting-lokpal/812253/. 
  37. ^ http://lawmin.nic.in/bills/lokpal.pdf
  38. ^ Dr K Chaudhry April 18, 2011 - 10:25 pm (2011-04-18). "Lokpal Bill Co-Chairman Shanti Bhushan in CD Controversy | Beyond Headlines". Beyondheadlines.in. http://beyondheadlines.in/2011/04/lokpal-bill-co-chairman-shanti-bhushan-in-cd-controversy/. Retrieved 2011-06-16. 
  39. ^ "Of the few, by the few version". The Indian Express. 7 April 2011. http://www.indianexpress.com/news/of-the-few-by-the-few/772773/0. Retrieved 8 April 2011. 
  40. ^ Abantika Ghosh (30 June 2011). "Jan Lokpal a Frankenstein's monster: Sibal". Times of India. http://timesofindia.indiatimes.com/india/Jan-Lokpal-a-Frankensteins-monster-Sibal/articleshow/9044697.cms. 
  41. ^ Kattakayam, Jiby (7 April 2011). "I will fight till death: Anna Hazare". The Hindu (Chennai, India). http://www.thehindu.com/news/national/article1607789.ece. Retrieved 12 April 2011. 
  42. ^ http://www.annahazare.org/pdf/Jan%20lokpal%20bill%20by%20Expert%20(Eng).pdf
  43. ^ The Hindu : Opinion / Leader Page Articles : Jan Lokpal bill: addressing concerns
  44. ^ The Hindu : National : Lokpal panel postpones sticky issues
  45. ^ Dhananjay Mahapatra (27 Jun 2011). "Can Lokpal be investigator, prosecutor, jury and judge?". http://articles.timesofindia.indiatimes.com/2011-06-27/india/29708555_1_civil-society-upa-government-rahul-gandhi. 
  46. ^ "Hazare proposes Justices Verma, Hegde as chairman of Lokpal Bill panel". Indian Express. 8 April 2011. http://www.indianexpress.com/news/hazare-proposes-justices-verma-hegde-as-chairman-of-lokpal-bill-panel/773523. 
  47. ^ "Judiciary, PM should not be under Lokpal: Former CJI". Malayala Manorama. 26 June 2011. http://english.manoramaonline.com/cgi-bin/MMOnline.dll/portal/ep/contentView.do?channelId=&contentId=9571258&programId=1073750974&tabId=1&contentType=EDITORIAL&BV_ID=@@@. 

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