Organizational Structure & Working proposed by Govt Lokpal Bill & Jan Lokpal Bill

How to interpret the Lokpal Flow Charts: Red arrows show Inputs and outputs. Both the charts show inputs i.e. Citizens Complaints as red arrows. They also show the outputs i.e. action taken against corrupt public servants as red arrows. The only aim of our inputs is to get outputs. We write complaints only because we want action against Corrupt officials. Blue arrows show internal processes of Lokpal and Courts. Once the complaint goes to Jan Lokpal, a chain of events happens inside the mechanism of Lokpal. Directions are given to Investigation Wing, Investigation Wing presents preliminary evidence to Lokpal bench, Lokpal Bench directs the Prosecution Wing to file chargesheet against the accused, etc. Some events happen between Lokpal and external agencies such as Police e.g. Police is directed to search and seize documents. The arrows are numbered to show sequence of events. The citizens complaint is event no. 1 the trigger. The final events are directions given by Lokpal for Departmental Action against the public servant, or the Special Courts judgment against public servant. This may be shown as event no. 5.

1. Organizational Structure & Working of Govt Lokpal Bill

Lokpal
Chairperson plus 8 members
4 Judicial Members (e.g. Retired Judges) + 4 Non-Judicial Members (i.e. Civil Society and Retired Civil Servants) 4

Competent Authority
Each public servant is under a Competent Authority, who is empowered to initiate Departmental Action and impose penalties e.g. demotions, withholding increments etc.

Lokpal Bench
2 1 3 Chairperson plus Two Members of Lokpal, of which one is Judicial Member. It will receive prima facie evidence against public servant, and give him a chance to present his defense. It will take the decision to (1) recommend to Competent Authority to take departmental action, OR (2) direct Prosecution Wing to file chargesheet before Special Court, OR (3) to close the complaint as being unsubstantiated.

General Public file complaints to Lokpal under Prevention of Corruption Act 1988

Investigation Wing
Staff and Police Officers to be made available by Central Govt. It will present prima facie evidence to Lokpal Bench, and receive orders from it to collect further evidence for filing chargesheet to Prosecution Wing. Has powers of search & seizure.

Public Servants
Public servants here means: PM (after demitting office), Ministers, MPs, Judges, Officers in Central Govt. Departments, Heads of PSUs, Group A Officers and above.

Prosecution Wing
5 Based on evidence gathered by Investigation Wing, it will file chargesheet and prosecute wrongdoers before Special Courts appointed as per Prevention of Corruption Act.

Special Courts
Not Under Lokpal. Notified by Central Govt. as per Prevention of Corruption Act. They are part of Judiciary, and are answerable to High Court. Will try cases only under Prevention of Corruption Act and no other law.

2. Organizational Structure & Working of JAN LOKPAL Bill

Board of Jan Lokpal
Chairperson plus 10 members 4 Judicial Members (e.g. Retired Judges) + 6 Non-Judicial Members (i.e. Civil Society and Retired Civil Servants) 2 2 1

Police
Lokpal Full Bench
Seven Members of Lokpal, with or without Chairperson Not under Lokpal, but can be ordered by Lokpal to carry out search & seizure. [Sec 9(1)(a)] . Answerable to State Govt.

Lokpal Bench
(Type 1) Two or more Members of Lokpal, of which one is Judicial Member. [Sec 2(d)]

High Court Special Benches

Special Benches to be set up for exclusively hearing appeals arising from Jan Lokpal proceedings. [Sec 20(4)] . 5

General Public
will file complaints and grievances before Jan Lokpal and its various organs against public servants.
1

Investigation Wing Will Include CBI, and

also other officers appointed by Jan Lokpal. Will exercise wide Police powers, including search & seizure, hacking emails, tapping phones. 3

Prosecution Wing
Based on evidence gathered by Investigation Wing, it will prosecute wrongdoers before Special Courts appointed as per Prevention of Corruption Act. 4

Special Courts
Not Under Lokpal. Notified by Central Govt. as per Prevention of Corruption Act. They are part of Judiciary, and answerable to High Court.

Higher Authority
4 Orders of the Bench of Judicial Officers imposing penalties will be reviewed by a Higher Authority which is set up by Lokpal [Sec 22(3)]. Orders of penalty approved by this authority will be binding on the Public Authority. Who exactly will be included in this higher authority not undefined by Jan Lokpal Bill. But it will have to be a court-like body i.e. Lokpal Bench Type 3 5

Grievances Wing
Will monitor implementation of Citizens Charter by each Public Authority Will receive grievances of citizens against various officers for not acting in accordance with Citizens' Charter i.e. delay, inaction, 2 improper behavior etc.

Lokpal Bench
(Type 2) Bench of Judicial Officers (retired judges, retired civil servants etc) appointed by Lokpal [Sec 22]who will conduct enquiry against public servants and impose penalties such as demotion etc. [Sec 2(j)]

Various Public Authorities & Public Servants

Orders of penalty approved by Higher Authority of Lokpal will be binding on the Public Authority. Failure to comply with Jan Lokpal orders will render the concerned officials personally liable.

Other Wings
Other Wings may also be set up by Lokpal as per Section 18(2)(a) e.g. Whistleblowers protection wing.

Friends, the above flow-charts are only indicative. They are not exhaustive, and therefore, they do not enable us to compare ALL the salient features of the two systems. To study the merits and demerits of each system, read: http://tinyurl.com/Jan-Lokpal-versus-Govt-Lokpal The main points of comparison and observations are in the right-hand column. If you disagree with the observations, please read the sections of each Bill in the middle columns, and draw your own conclusions. This is a crucial issue of our times. Please apply your mind and form your own opinions. Dont let other people or the media do your thinking for you. Warm Regards, Krishnaraj Rao Mumbai 98215 88114 thebravepedestrian@gmail.com