Jan Lokpal Bill

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The Jan Lokpal Bill (Hindi: जन लोकपाल िवधेयक) (Citizens' ombudsman Bill) is an Indian draft anti-
corruption bill that would create theJan Lokpal, an independent body similar to the Election
Commission with the power to prosecute politicians and bureaucrats without prior government
permission.[1]

Drafted by Shanti Bhushan, retired Indian Police Service officer Kiran Bedi, Justice N. Santosh Hegde,
advocate Prashant Bhushan, former chief election commissioner J. M. Lyngdoh in consultation with
the leaders of the India Against Corruption movement and civil society, the bill proposes the institution
of the office of Lokpal (Ombudsman) at the center and local Lokayukta at the state level. The bill is
designed to create an effective anti-corruption and grievance redressal system that effectively deters
corruption while providing effective protection to whistleblowers.[2][3]

For 42 years, the government-drafted bill has failed to pass through the Rajya Sabha, the upper house
of the Parliament of India.[4] The first Lokpal Bill was passed in the 4th Lok Sabha[clarification needed What is
this?]
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.[5] 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.[6]

Contents

• 1 Background

• 2 Key features of proposed bill

• 3 Difference between Draft Lokpal Bill 2010 and Jan Lokpal Bill

• 4 Protests

• 5 Prominent supporters

• 6 Government response

• 7 Drafting Committee

• 8 Criticisms of the Jan Lokpal Bill

• 9 See also

• 10 References
• 11 External links

[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
theIndia 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,
[7]
many celebrities showed their public support through micro-blogging site Twitter[8] which has
received significant public support. The bill's backers consider existing laws too weak and insufficiently
enforced to stop corruption.[9][10]

[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 theElection 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 intoLokpal 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 Draft Lokpal Bill 2010 and Jan Lokpal Bill
This section may contain original research. Please improve it by verifying the
claims made and adding references. Statements consisting only of original research
may be removed. More details may be available on the talk page. (April 2011)

Difference between Draft Lokpal Bill 2010 and Jan Lokpal Bill[11]

Jan Lokpal Bill (Citizen's

Draft Lokpal Bill (2010)
Ombudsman Bill)

Lokpal will have no power to initiate suo moto action or receive

Lokpal will have powers to initiate suo
complaints of corruption from the general public. It can only probe
motoaction or receive complaints of
complaints forwarded by the Speaker of the Lok Sabha or the
corruption from the general public.
Chairman of the Rajya Sabha.

Lokpal will be much more than an

Lokpal will only be an Advisory Body with a role limited to Advisory Body and have the power to
forwarding reports to a "Competent Authority". initiate prosecution of anyone found
guilty.

Lokpal will have no police powers and no ability to register Lokpal will have police powers as well
an FIR or proceed with criminal investigations. as the ability to register FIRs.

Lokpal and the anti corruption wing of

The CBI and Lokpal will be unconnected.
the CBI will be one independent body.

Punishment for corruption will be a minimum of 6 months and a Punishments will be a minimum of 5
maximum of up-to 7 years. years and a maximum of up to life
 imprisonment.

Lokpal will not monopolise a particular

area.[clarification needed What does this mean - expand]

[edit]Protests

Main article: 2011 Indian anti-corruption movement

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.[12]

Anti-corruption activist Anna Hazare went on hunger strike "unto death" on April 5, 2011, pending the
enactment of a Jan Lokpal Bill.[13]Around 6,000 Mumbai residents also began a one-day fast in support
of similar demands.[14] 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 observeYellow
Sunday.[citation needed]

Hazare also announced plans to start a Jail Bharo Andolan protest on 13 April 2011 [15] 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[16] and that he has further backing from a large number of Internet
activists.

The protests are not political in nature and political leaders were discouraged by Hazare supporters
from joining his protests, since he believes that these parties were using the campaign for their own
political advantage.[17]

[edit]Prominent supporters
Main article: Prominent personalities supporting Jan Lokpal Bill

Both the protests and the Bill have received support from a wide variety of people, including politicians,
academics, activists, and entertainers.

[edit]Government response

The government has stated that it has not received a copy of the proposed bill[citation needed] although after
Anna Hazare announced his "fast unto death", he was invited for talks by the Prime Minister but also
told that the government had no time before May 13 for such a meeting.[18] 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.[19]
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.[20] 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.[21]

[edit]Drafting Committee
Main article: Drafting committee of the bill

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.

[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".
[22]

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.[23]

[edit]See also

 Protests for Jan Lokpal Bill

 Corruption Perceptions Index

 Corruption in India

 List of scams in India (Chronicle)

 Indian black money

[edit]References

1. ^ "Dandi March 2 for Jan Lokpal Bill". Hindustan Times. 2011-03-27. Retrieved 2011-

04-09.

2. ^ "Activists Take Out March to Demand Jan Lokpal Bill".Outlook (magazine). Jan 30,

2011.

3. ^ "Hazare fears govt may block Lokpal Bill". The Times of India. Mar 17, 2011.

4. ^ "City activists garner support for Jan Lokpal bill". Hindustan Times. 2011-03-14.

Retrieved 2011-04-09.

5. ^ "Lokpal bill to cover PM". CNN-IBN. Nov 21, 2010.

6. ^ "Anna Hazare's anti-corruption movement: Time-line".Mathrubhumi. Apr 09,2011.

7. ^ "Support pours in for Hazare's movement". The Hindu. 7 April 2011. Retrieved 13

April 2011.

8. ^ "Bollywood supports Anna Hazare".

9. ^ "Anna Hazare faults Lokpal Bill". The Hindu. 30 March 2011. Retrieved 13 April

2011.

10. ^ "Lead, kindly light". The Hindu. 13 April 2011. Retrieved 13 April 2011.

11. ^ "Lokpal Bill: Govt version vs civil society version". The Times of India. 7 April 2011.
Retrieved 7 April 2011.

12. ^ "Drive around Delhi to demand strong Lokpal Bill". Sify News. 13 March 2011.
Archived from the original on 5 April 2011. Retrieved 5 April 2011.

13. ^ "Anna Hazare announces fast unto death till Jan Lokpal Bill enacted". The
Economic Times. 4 April 2011. Archived fromthe original on 5 April 2011. Retrieved 5

April 2011.

14. ^ "Mumbai to join Hazare’s fast today for Jan Lokpal". The Indian Express. 5 April
2011. Archived from the original on 5 April 2011. Retrieved 5 April 2011.

15. ^ "Anna Hazare announces jail bharo movement on April 13".Indian Express. 8 April
2011. Retrieved 8 April 2011.

16. ^ NULL. "Anna Hazare: I asked PM whether his team shares his values - Forbes
India". Moneycontrol.com. Retrieved 2011-04-09.
 17. ^ "Hazare fast: people heckle, chase out politicos - Politics - Politics News - ibnlive".
Ibnlive.in.com. 2010-02-03. Retrieved 2011-04-09.

18. ^ "What is Jan Lokpal Bill? | Sumit Gupta (aka sumit4all)". Sumit4all.com. 2011-03-
12. Retrieved 2011-04-09.

19. ^ "Find ways to include activists' opinion: PMO". Hindustan Times. 2011-03-10.
Retrieved 2011-04-09.

20. ^ "Hazare fast: Sibal meets Agnivesh, Kejriwal to pursue constructive dialogue".
TruthDive. Retrieved 2011-04-09.

21. ^ "Front Page : Government concedes Anna Hazare's demands". The Hindu.
Retrieved 2011-04-09.

22. ^ "Of the few, by the few version". The Indian Express. 7 April 2011. Retrieved 8
April 2011.

23. ^ "I will fight till death: Anna Hazare". The Hindu. 7 April 2011. Retrieved 12 April
2011.

[edit]External links

 Jan Lokpal Bill - Activists proposed version

 Government of India proposed version

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