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JANLOKPAL
JANLOKPAL
Institution of Jan Lokpal at central govt level Jan Lokayukta in each state Correspondingly Jan Lokpal to accept corruption complaints against Central govt dept and Jan Lokayukta against state govt dept Each will have 10 members and 1 chairperson
Will be completely Independent Politicians and bureaucrats will not able to interfere in their functioning Will get whatever financial resources they require and will be empowered to select and employ any number of employees from within the government or outside.
High
Present System - Despite Evidence, No Punishment
Proposed System - Jan Lokpal and Jan Lokayukta will ensure punishment for corruption by:
Investigation to be completed within 1 year May employ more staff to complete within time
High
After investigation if proven guilty following 2 actions shall be taken:
Will file a case in trial court Trial in the court to complete & announce punishment within next 1 year
High
Provision for:
During investigations, they shall ban transfer of assets of the accused At the time of conviction, the court will assess the loss caused to the govt Entire loss to be recovered from the assets of the accused
Provision for:
Confiscation of Assets
Each bureaucrat, politician and judge to submit their statement of moveable and immoveable assets
every year
High
Provision for:
Confiscation of Assets
If an asset is found to be owned by a public servant later and undeclared, it will be deemed to be obtained through corruption After each election, assets declared by each candidate to be verified If undeclared assets are found, a case will be registered
High
And most importantly Jan Lokpal and Jan Lokayukta have:
Low
Common man is compelled to pay bribe
Jan Lokpal and Jan Lokayukta will provide relief to the common as:
Charter specifies who does what job and in how much time
If PGO doesnt satisfy the complainant, then a complaint can be made to the Vigilance officer of Jan Lokpal and Jan Lokayukta.
When a complaint is made to Jan Lokpal or Jan Lokayukta, it will be deemed to have corruption angle.
Solve the grievance in 30 days Impose penalty on the guilty officers which will be given to the Complainant as compensation
How to ensure that there is no corruption within Jan Lokpal or Jan Lokayukta?
selected!
right person is
Selection process for the members and Chairperson of Jan Lokpal and Jan Lokayukta has been kept transparent and participatory
Selected by a Selection Committee comprising: Prime Minister Leader of the opposition in Lok Sabha 2 youngest judges of Supreme Court (SC) 2 youngest Chief Justices of High Courts Comptroller and Auditor General (CAG) Chief Election Commissioner (CEC)
selected!
right person is
The Selection Committee will make the above appointment from a pool of shortlisted candidates that has been identified by a Search Committee Search Committee is a 10-member committee formed as follows:
Selection Committee selects 5 members from retired Chief Election Commissioners and retired CAGs. These 5 members will select another 5 members from civil society to make the 10member Search Committee.
When the Selection Committee chooses, those CECs and CAGs are ineligible to become part of Search Committee:
Search Committee will invite recommendations from various eminent people from reputed institutions
Like for instance Directors of IITs ,IIMs , Editors and many others.
Names will be put up on a website and public feedback invited Search committee will choose 3 times the number of vacancies, by consensus
Jan Lokpal and Jan Lokayukta will select & appoint its own officers and staff
Jan Lokpal and Jan Lokayukta are directly accountable to people & transparent
ensuring well!
they work
No complaint can be rejected without giving a hearing to the complainant. If any case is closed like this, all records relating to it will be made public
Will have to publish every month on its website: Cases received and cases disposed Cases closed, reasons for closure List of cases pending
All records of all works will be open to the public, except some which: Affect national security Endanger the whistle blower Impede the process of ongoing investigation. But after investigation is complete, these will have to be disclosed
not influenced
The Chairperson and members of Lokpal and Lokayukta will not be eligible for appointment to any position in the govt or for contesting elections
removed!
Complaints against Staff like the Public Grievance Officers, Vigilance Officers, Chief Vigilance Officers will be made to Jan Lokpal or Jan Lokayukta
Criminal case will be registered under various sections of Indian Penal Code and Prevention of
CURRENT SYSTEM
PROPOSED JAN LOKPAL-JAN LOKAYUKTA SYSTEM Under Jan Lokpal Bill, the full bench of Lokpal will give permission to file a case against any judge. No permission will be required from Chief Justice of India. Therefore, corruption in higher judiciary will also be checked through Jan Lokpal Bill.
No FIR can be registered against any Supreme Court or High Court judge without the permission of Chief Justice of India. It has been seen in the past that the Chief Justice of India tries to protect his own fraternity of judges and rarely gives such a permission.
JUDGES SC & HC
CURRENT SYSTEM
The quantum of punishment for people convicted of corruption ranges from: 6 months to 7 years of imprisonment which is inadequate!
PUNISHMENT
The punishment will range from: 1 year rigorous imprisonment to life sentence. Higher punishment for those in higher rank.
CURRENT SYSTEM
In the current system, if anyone obtains any benefit from the government illegally, it is difficult to prove that the person did so by paying bribes
If a person obtains any benefit from the government in violation of a law or rules and regulations, that person along with concerned public servants shall be deemed to have indulged in corrupt practices.
EVIDENCE
CURRENT SYSTEM
PROPOSED JAN LOKPAL-JAN LOKAYUKTA SYSTEM Jan Lokpal and Jan Lokayukta will be responsible for providing the whistleblowers, whether inside or outside the government, protection from: - Professional threat or victimisation - Physical threat or victimisation
Whistleblowe rs
Currently, people who report corrupt practices or raise their voice against corruption are being threatened, victimized and even murdered. There is no protection for them.
CURRENT SYSTEM
Presently there are multiple anti-corruption agencies like: CBI, CVC, ACB, state vigilance department All these are controlled by corrupt officials and politicians and are ineffective.
At central govt level, anti-corruption branch of CBI, CVC and all internal vigilance wings of all dept should be merged into Jan Lokpal. At state level, anti-corruption branch of state police, the state vigilance department, internal vigilance wings of all departments and existing Lokayuktas in states should be merged into Jan Lokayukta of that state. This will do away with multiplicity of anti-corruption agencies.
want
Believe that even one persons thought is enough to change the system.