1he !

an Lokpal 8lll (ClLlzens ombudsman 8lll) ls a drafL anLlcorrupLlon blll drawn up by promlnenL clvll
socleLy acLlvlsLs seeklng Lhe appolnLmenL of a !an Lokpal an lndependenL body LhaL would lnvesLlgaLe
corrupLlon cases compleLe Lhe lnvesLlgaLlon wlLhln a year and envlsages Lrlal ln Lhe case geLLlng over ln
Lhe nexL one year

urafLed by !usLlce SanLosh Pegde (former Supreme CourL !udge and presenL LokayukLa of karnaLaka)
rashanL 8hushan (Supreme CourL Lawyer) and Arvlnd ke[rlwal (81l acLlvlsL) Lhe drafL 8lll envlsages a
sysLem where a corrupL person found gullLy would go Lo [all wlLhln Lwo years of Lhe complalnL belng
made and hls lllgoLLen wealLh belng conflscaLed lL also seeks power Lo Lhe !an Lokpal Lo prosecuLe
pollLlclans and bureaucraLs wlLhouL governmenL permlsslon

8eLlred lS offlcer klran 8edl and oLher known people llke Swaml Agnlvesh Srl Srl 8avl Shankar Anna
Pazare and Malllka Sarabhal are also parL of Lhe movemenL called lndla AgalnsL CorrupLlon lLs webslLe
descrlbes Lhe movemenL as an expresslon of collecLlve anger of people of lndla agalnsL corrupLlon We
have all come LogeLher Lo force/requesL/persuade/pressurlze Lhe CovernmenL Lo enacL Lhe !an Lokpal
8lll We feel LhaL lf Lhls 8lll were enacLed lL would creaLe an effecLlve deLerrence agalnsL corrupLlon

Anna Pazare anLlcorrupLlon crusader began a fasLunLodeaLh Loday demandlng LhaL Lhls blll drafLed
by Lhe clvll socleLy be adopLed 1he webslLe of Lhe lndla AgalnsL CorrupLlon movemenL calls Lhe Lokpal
8lll of Lhe governmenL an eyewash and has on lL a crlLlque of LhaL governmenL 8lll lL also llsLs Lhe
dlfference beLween Lhe 8llls drafLed by Lhe governmenL and clvll socleLy

A |ook at the sa||ent features of Ian Lokpa| 8|||

1 An lnsLlLuLlon called LCkAL aL Lhe cenLre and LCkA?uk1A ln each sLaLe wlll be seL up

2 Llke Supreme CourL and LlecLlon Commlsslon Lhey wlll be compleLely lndependenL of Lhe
governmenLs no mlnlsLer or bureaucraL wlll be able Lo lnfluence Lhelr lnvesLlgaLlons

3 Cases agalnsL corrupL people wlll noL llnger on for years anymore lnvesLlgaLlons ln any case wlll have
Lo be compleLed ln one year 1rlal should be compleLed ln nexL one year so LhaL Lhe corrupL pollLlclan
offlcer or [udge ls senL Lo [all wlLhln Lwo years

4 1he loss LhaL a corrupL person caused Lo Lhe governmenL wlll be recovered aL Lhe Llme of convlcLlon

3 Pow wlll lL help a common clLlzen lf any work of any clLlzen ls noL done ln prescrlbed Llme ln any
governmenL offlce Lokpal wlll lmpose flnanclal penalLy on gullLy offlcers whlch wlll be glven as
compensaLlon Lo Lhe complalnanL

6 So you could approach Lokpal lf your raLlon card or passporL or voLer card ls noL belng made or lf
pollce ls noL reglsLerlng your case or any oLher work ls noL belng done ln prescrlbed Llme Lokpal wlll
have Lo geL lL done ln a monLhs Llme ?ou could also reporL any case of corrupLlon Lo Lokpal llke raLlon
belng slphoned off poor quallLy roads been consLrucLed or panchayaL funds belng slphoned off Lokpal
wlll have Lo compleLe lLs lnvesLlgaLlons ln a year Lrlal wlll be over ln nexL one year and Lhe gullLy wlll go
Lo [all wlLhln Lwo years

7 8uL wonL Lhe governmenL appolnL corrupL and weak people as Lokpal members? 1haL wonL be
posslble because lLs members wlll be selecLed by [udges clLlzens and consLlLuLlonal auLhorlLles and noL
by pollLlclans Lhrough a compleLely LransparenL and parLlclpaLory process

8 WhaL lf some offlcer ln Lokpal becomes corrupL? 1he enLlre funcLlonlng of Lokpal/ LokayukLa wlll be
compleLely LransparenL Any complalnL agalnsL any offlcer of Lokpal shall be lnvesLlgaLed and Lhe offlcer
dlsmlssed wlLhln Lwo monLhs

9 WhaL wlll happen Lo exlsLlng anLlcorrupLlon agencles? CvC deparLmenLal vlgllance and anLl
corrupLlon branch of C8l wlll be merged lnLo Lokpal Lokpal wlll have compleLe powers and machlnery Lo
lndependenLly lnvesLlgaLe and prosecuLe any offlcer [udge or pollLlclan

10 lL wlll be Lhe duLy of Lhe Lokpal Lo provlde proLecLlon Lo Lhose who are belng vlcLlmlzed for ralslng
Lhelr volce agalnsL corrupLlon
1an Lokpal Bill
In India, the 1an Lokpal Bill (Hindi: ) (also reIerred to as the
.itizens' ombudsman bill) is a proposed anti-corruption law designed to eIIectively 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 oI
India with the power to prosecute politicians and bureaucrats without prior government
permission.
|1|

A compromise bill, merging the Government's version and that oI the civil group's version (Jan
Lokpal), is being draIted by a committee oI Iive Cabinet Ministers and Iive social activists. As oI
July 2011, the most current version oI the bill is version 2.3, according to the government
website.
For 42 years, the government-draIted bill has Iailed to pass the Rafya Sabha, the upper house oI
the Parliament oI India.
|2|
The Iirst Lokpal Bill was passed in the 4th Lok Sabha, the lower house
oI 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 Iailed to pass.
|3|

Following the Iour day Anna Hazare Iasting struggle,
|clarification needed|
Prime Minister Manmohan
Singh stated that the Lokpal Bill would be introduced in the 2011 monsoon session oI
parliament.
|4|

Ba.kground
Renewed calls Ior a Jan Lokpal Bill arose over resentment oI the major diIIerences between the
draIt 2010 Lokpal Bill prepared by the government and the Jan Lokpal Bill prepared by the
members oI this movement, N. Santosh Hegde, a Iormer justice oI the Supreme Court oI India
and Lokayukta oI Karnataka, Shanti Bhushan, Arvind Kejriwal and Prashant Bhushan, a senior
lawyer in the Supreme Court along with the members oI the India Against Corruption
movement. The bill's backers consider existing laws too weak and insuIIiciently enIorced to stop
corruption.
|5||6|

ey 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 oI 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 oI the government and Iree Irom ministerial inIluence in its
investigations.
3. Members will be appointed by judges, Indian Administrative Service oIIicers with a
clean record, private citizens and constitutional authorities through a transparent and
participatory process.
4. A selection committee will invite shortlisted candidates Ior interviews, videorecordings
oI which will thereaIter be made public.
5. Every month on its website, the Lokayukta will publish a list oI cases dealt with, brieI
details oI each, their outcome and any action taken or proposed. It will also publish lists
oI all cases received by the Lokayukta during the previous month, cases dealt with and
those which are pending.
6. Investigations oI each case must be completed in one year. Any resulting trials should be
concluded in the Iollowing year, giving a total maximum process time oI two years.
7. Losses caused to the government by a corrupt individual will be recovered at the time oI
conviction.
8. Government oIIicework required by a citizen that is not completed within a prescribed
time period will result in Lokpal imposing Iinancial penalties on those responsible, which
will then be given as compensation to the complainant.
9. Complaints against any oIIicer oI Lokpal will be investigated and completed within a
month and, iI Iound to be substantive, will result in the oIIicer being dismissed within
two months.
10. The existing anti-corruption agencies (CVC, departmental vigilance and the anti-
corruption branch oI the CBI) will be merged into Lokpal which will have complete
power and authority to independently investigate and prosecute any oIIicer, judge or
politician.
11. histleblowers who alert the agency to potential corruption cases will also be provided
with protection by it.
ifferen.e between the proposals
iIIerence between raIt Lokpal Bill 2010 and Jan Lokpal Bill
|7|

raft Lokpal Bill (2010)
1an Lokpal Bill (Citizen's
Ombudsman Bill)
Lokpal will have no power to initiate suo motu action or Lokpal will have powers to initiate
receive complaints oI corruption Irom the general public. It
can only probe complaints Iorwarded by the Speaker oI the
Lok Sabha or the Chairman oI the Rafya Sabha.
suo moto action or receive
complaints oI corruption Irom the
general public.
Lokpal will only be an Advisory Body with a role limited to
Iorwarding reports to a "Competent Authority".
Lokpal will have the power to
initiate prosecution oI anyone
Iound guilty.
Lokpal will have no police powers and no ability to register
an First InIormation 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
oI the CBI will be one independent
body.
Punishment Ior corruption will be a minimum oI 6 months
and a maximum oI up to 7 years.
Punishments will be a minimum oI
5 years and a maximum oI up to
liIe imprisonment.
!rotests
Main article: 2011 Indian anti-corruption movement
On March 13, 2011, a group oI elhi residents dressed in white shirts and t-shirts drove around
the city Ior Iour hours in support oI an anti-corruption campaign and the passing oI a Jan Lokpal
Bill.
|8|

Anti-corruption activist Anna Hazare went on hunger strike "unto death" on April 5, 2011,
pending the enactment oI a Jan Lokpal Bill.
|9|
Around 6,000 Mumbai residents also began a one-
day Iast in support oI similar demands.
|10|
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
|11|
iI the Jan
Lokpal bill is not passed by the government. He also stated that his group has received six crore
(60 million) text messages oI support
|12|
and that he has Iurther backing Irom a large number oI
Internet activists.
The protests are not associated with any political parties, and Hazare supporters discouraged
political leaders Irom joining the protests, because Hazare believes that political parties were
using the campaign Ior their own political advantage.
|13|

otable supporters and opposition
In addition to the activists responsible Ior creating and organizing support Ior the bill, a wide
variety oI other notable individuals have also stated that they support this bill. Spiritual leaders
*Sri Sri RaviShankar
|14|
and Yog Guru Ramdev
|15|
have both expressed support. Notable
politicians who have indicated support Ior the bill include Ajit Singh
|16|
and Manpreet Singh
Badal
|17|
as well as the principal opposition party, Bhartya Janta Party.
|18||19|
In addition,
numerous Bollywood actors, directors, and musicians have publicly approved oI the
bill.
|20||21||22||23||24||25||26||27|

Notable opposition has been expressed by HR minister Kapil Sibal and other Congress leaders;
ChieI Minister oI est Bengal Mamta Banerjee; Punjab ChieI Minister and Akali al leader
Prakash Singh Badal; Shiv Sena leader Bal Thackeray, and Iormer ChieI Justice oI the Supreme
Court Jagdish Sharan Verma.
|28|
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".
|29|

overnment response
To dissuade Hazare Irom going on an indeIinite hunger strike, the Prime Minister's OIIice have
directed the ministries oI personnel and law to examine how the views oI society activists can be
included in the Lokpal Bill.
|30|

On 5 April 2011, the National Advisory Council rejected the Lokpal bill draIted by the
government. Union Human Resource evelopment Minister Kapil Sibal then met social activists
Swami Agnivesh and Arvind Kejriwal on 7 April to Iind ways to bridge diIIerences over the
bill.
|31|
Hazare's Iast was supported by the CPI(M) with their politburo issuing a statement
demanding an eIIective Lokpal Bill.
AIter several rounds oI 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 Iast on the Iollowing Saturday
morning. According to the understanding reached, Iive oI the ten-member joint-draIt committee
would come Irom society . Pranab Mukherjee will be the Chairman oI the draIt committee and
Shanti Bhushan his Co-Chairman.
|32|

Government's handling oI the Iormation oI the draIt committee, involving the civil society in
preparation oI the draIt Lokpal bill, was criticized by various political parties: BJP, BJ,
AIAMK, CPI-M,RJ, BJ, J(U) and Samajwadi Party.
|33||34|

rafting Committee
The draIting committee was oIIicially Iormed on 8 April 2011. It consists oI ten members,
including Iive Irom the government and Iive drawn Irom society.
|35|

Chairmen
The Government oI India accepted that the committee be co-chaired by a politician and an
activist, non-politician. It is reported that Pranab Mukherjee, Irom the political arena, and Shanti
Bhushan, Irom civil society, will Iill those roles.
overnment representation
Five Cabinet ministers will be a part oI the raIting Committee. They are:
O Pranab Mukherjee, Finance Minister, o-hairman;
O P. Chidambaram, Minister oI Home AIIairs;
O Veerappa Moily, Minister oI Corporate AIIairs;
O Kapil Sibal, Minister Ior Communications and InIormation Technology; and
O Salman Khursid, ||Minister oI minority aIIairs
Civil so.iety representation
Five leading social activists will be a part oI the raIting Committee. They are:
O Shanti Bhushan, Former Minister oI Law and Justice, o-hairman;
O Anna Hazare, Social Activist;
O Prashant Bhushan, Lawyer;
O N. Santosh Hegde, Lokayukta (Karnataka); and
O Arvind Kejriwal.
The involvement oI the Bhushans has been questioned aIter a new C controversy.
|36|

Criti.isms of the 1an Lokpal Bill
Some people have opined that the Jan Lokpal Bill is 'Nave' in its approach to combating
corruption. According to Pratap Bhanu Mehta, President, Center Ior Policy Research, elhi, the
bill "is premised on an institutional imagination that is at best nave; at worst subversive oI
representative democracy".
|37|
The Lokpal concept was criticized by the Human Resource
evelopment (HR) minister Kapil Sibal because oI concerns that it will lack accountability,
oppresively, and undemocratically.
|38|

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 draIted by civil society will
only investigate corruption oIIences and submit a charge sheet which would then tried and
prosecuted, through trial courts and higher courts. Kejriwal Iurther states that the proposed bill
also lists clear provisions in which the Supreme Court can abolish the Lokpal.
|39|

Although Kejriwal has stated that all prosecutions will be carried out through trial courts, the
exact judicial powers oI LokPal is rather unclear in comparison with its investigative powers.
The bill
|40|
requires "...members oI Lokpal and the oIIicers in investigation wing oI Lokpal shall
be deemed to be police oIIicers". Although some supporters have denied any judicial powers oI
Lokpal,
|41|
the government and some critics have recognized Lokpal to have quasi-judicial
powers.
|42|
The bill states that "Lokpal shall have, and exercise the same jurisdiction powers and
authority in respect oI contempt oI itselI as a High court has and may exercise, and, Ior this
purpose, the provisions oI the Contempt oI Courts Act, 1971 (Central Act 70 oI 1971)shall have
the eIIect subject to the modiIication that the reIerences therein to the High Court shall be
construed as including a reIerence to the Lokpal." Review oI proceedings and decisions by
Lokpal is prevented in the bill, stating "...no proceedings or decision oI the Lokpal shall be liable
to be challenged, reviewed, quashed or called in question in any court oI ordinary Civil
Jurisdiction." How the trials will be conducted is unclear in the bill, although the bill outlines
requiring judges Ior special courts, presumably to conduct trial that should be completed within
one year. ithout 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.
|43|
hether or not to include the Prime Minister and higher judiciary under the
Lokpal remains as one oI the major issues oI dispute. Although Hazare proposed Justice Verma,
the Iormer ChieI Justice oI the Supreme Court, as the Chairman oI the Lokpal Bill panel,
|44|

Justice Verma later expressed his constitutional objections Ior including the Prime Minister and
higher judiciary under Lokpal, stating "this would Ioul with the basic structure oI the
constitution".
|45|


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