Jan Lokpal Bill

The Jan Lokpal Bill, also referred to as the citizens' ombudsman bill, is a proposed independent anticorruption law in India. Anti-corruption social activists proposed it as a more effective improvement to the original Lokpal bill, which is currently being proposed by the Government of India. The Jan Lokpal Bill aims to effectively deter corruption, redress grievances of citizens, and protect whistle-blowers. If made into law, the bill would create an independent ombudsman body called theLokpal (Sanskrit: protector of the people). It would be empowered to register and investigate complaints of corruption against politicians and bureaucrats without prior government approval. In April 2011, civil activist Anna Hazare started a Satyagraha movement by commencing an indefinite fast in New Delhi to demand the passing of the bill. The movement attracted attention in the media, and hundreds of thousands of supporters, in part due to the organizational skills of Arvind Kejriwal. Following Hazare's four day hunger strike, Indian Prime Minister Manmohan Singh stated that the bill would be reintroduced in the 2011 monsoon session of the Parliament. Accordingly, a committee of five Cabinet Ministers and five social activists attempted to draft a compromise bill merging the two versions but failed. The Indian government went on to propose its own version in the parliament, which the activists rejected on the grounds of not being sufficiently effective, and called it a "toothless bill".

Background
The word Lokpal was coined in 1963 by L.M.Singhvi, a Member of Parliament during a debate in Parliament about grievance redressal mechanisms. His son Dr. Abhishek Singhvi is now the head of the Parliamentary Standing Committee reviewing the bill. The prefix Jan (translation: citizens) was added to signify the fact that these improvements include input provided by "ordinary citizens" through an activist-driven, non-governmental public consultation. The Lokpal bill was first introduced by Shanti Bhushan in 1968 and passed the 4th Lok Sabha in 1969. But before it could be passed by Rajya Sabha, Lok Sabha was dissolved and the bill lapsed.The Subsequent versions were re-introduced in 1971, 1977, 1985, 1989, 1996, 1998, 2001, 2005 and in 2008, but none of them passed. The bill was inspired by the Hong Kong Independent Commission Against Corruption (ICAC).

Key features of proposed bill

Some important features of the proposed bill are:

1. 2.

To establish a central government anti-corruption institution called Lokpal, supported

by Lokayukta at the state level. 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 participator process. 4. A selection committee will invite short-listed 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 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. 10.

Complaints against any officer of Lokpal will be investigated and completed within month

and, if found to be substantive, will result in the officer being dismissed within two months. 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 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.

Difference between governments and activist drafts

Difference between Jan Lokpal Bill and Draft Bill 2010[16]

Jan Lokpal Bill (Citizen's Ombudsman Bill)

Draft Lokpal Bill (2010)

Lokpal will have powers to initiate suo motu action or receive complaints of corruption from the general public.

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 the power to initiate prosecution of anyone found guilty.

Lokpal will only be an Advisory Body with a role limited to forwarding reports to a "Competent Authority".

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

Lokpal and the anti corruption wing of the CBI will be one independent body.

The CBI and Lokpal will be unconnected.

Punishments will be a minimum of 10 years and a maximum of up to life imprisonment.

Punishment for corruption will be a minimum of 6 months and a maximum of up to 7 years.

The streets are witnessing a demand that the government's Lok Pal Bill be replaced by the Jan Lok Pal Bill (JLP) as drafted by the team led by Anna Hazare. There are several significant differences between the two bills. In this note, we describe the some of these differences. First, there is a divergence on the jurisdiction of the Lok Pal. Both bills include ministers, MPs for any action outside Parliament, and Group A officers (and equivalent) of the government. The government Bill includes the Prime Minister after he demits office whereas the JLP includes a sitting Prime Minister. The JLP includes any act of an MP in respect of a speech or vote in Parliament (which is now protected by Article 105 of the Constitution). The JLP includes judges; the government Bill excludes them. The JLP includes all government officials, while the government Bill does not include junior (below Group A) officials. The government Bill also includes officers of NGOs who receive government funds or any funds from the public; JLP does not cover NGOs. Second, the two Bills differ on the composition. The government Bill has a chairperson and up to 8 members; at least half the members must have a judicial background. The JLP has a chairperson and 10 members, of which 4 have a judicial background. Third, the process of selecting the Lok Pal members is different. The JLP has a two stage process. A search committee will shortlist potential candidates. The search committee will have 10 members; five of these would have retired as Chief Justice of India, Chief Election Commissioner or Comptroller and Auditor General; they will select the other five from civil society. The Lok Pal chairperson and members will be selected from this shortlist by a selection committee. The selection committee consists of the Prime Minister, the Leader of Opposition in Lok Sabha, two Supreme Court judges, two high court chief justices, the Chief Election Commissioner, the Comptroller and Auditor General and all previous Lok Pal chairpersons. The government Bill has a simpler process. The selection will be made by a committee consisting of the Prime Minister, the leaders of Opposition in both Houses of Parliament, a Supreme Court judge, a high court chief justice, an eminent jurist and an eminent person in public life. The selection committee may, at its discretion, appoint a search committee to shortlist candidates. Fourth, there are some differences in the qualifications of a member of the Lok Pal. The JLP requires a judicial member to have held judicial office for 10 years or been a high court or Supreme Court advocate for 15 years. The government Bill requires the judicial member to be a Supreme Court judge or a high court chief justice. For other members, the

government Bill requires at least 25 years experience in anti-corruption policy, public administration, vigilance or finance. The JLP has a lower age limit of 45 years, and disqualifies anyone who has been in government service in the previous two years. Fifth, the process for removal of Lok Pal members is different. The government Bill permits the president to make a reference to the Supreme Court for an inquiry, followed by removal if the member is found to be biased or corrupt. The reference may be made by the president (a) on his own, (a) on a petition signed by 100 MPs or (c) on a petition by a citizen if the President is then satisfied that it should be referred. The President may also remove any member for insolvency, infirmity of mind or body, or engaging in paid employment. The JLP has a different process. The process starts with a complaint by any person to the Supreme Court. If the court finds misbehaviour, infirmity of mind or body, insolvency or paid employment, it may recommend his removal to the President. Sixth, the offences covered by the bills vary. The government Bill deals only with offences under the Prevention of Corruption Act. The JLP, in addition, includes offences by public servants under the Indian Penal Code, victimization of whistleblowers and repeated violation of citizen's charter. Seventh, the government Bill provides for an investigation wing under the Lok Pal. The JLP states that the CBI will be under the Lok Pal while investigating corruption cases. Eighth, the government Bill provides for a prosecution wing of the Lok Pal. In the JLP, the CBI's prosecution wing will conduct this function. Ninth, the process for prosecution is different. In the government Bill, the Lok Pal may initiate prosecution in a special court. A copy of the report is to be sent to the competent authority. No prior sanction is required. In the JLP, prosecution of the Prime Minister, ministers, MPs and judges of Supreme Court and high courts may be initiated only with the permission of a 7-judge bench of the Lok Pal. Tenth, the JLP deals with grievance redressal of citizens, in addition to the process for prosecuting corruption cases. It requires every public authority to publish citizen's charters listing its commitments to citizens. The government Bill does not deal with grievance redressal. Given the widespread media coverage and public discussions, it is important that citizens understand the differences and nuances. This may be a good opportunity to enact a law which includes the better provisions of each of these two bills.